1964_RULES_OF_THE_SUPREME_COURT — Page 334

A 334

[Subsidiary]

(Cap. 21.)

App. A. Form 10.

(Cap. 163.)

CAP. 4] The Rules of the Supreme Court-Order 83A [1988 Ed.

defendant, as the case may be, may apply to a judge in chambers by summons for leave to make in open court a statement in terms approved by the judge.

(2) Where a party to an action for libel or slander which is settled before trial desires to make a statement in open court, an application must be made to the Court for an order that the action be set down for trial, and before the date fixed for the trial the statement must be submitted for the approval of the judge before whom it is to be made.

Interrogatories not allowed in certain cases (O. 82, r. 6)

6. In an action for libel or slander where the defendant pleads that the words or matters complained of are fair comment on a matter of public interest or were published on a privileged occasion, no interrogatories as to the defendant's sources of information or grounds of belief shall be allowed.

Evidence in mitigation of damages (O. 82, r. 7)

7. In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the judge, unless 7 days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

Fulfilment of offer of amends under section 25 of the Defamation Ordinance (O. 82, r. 8)

8. (1) An application to the Court under section 25 of the Defamation Ordinance to determine any question as to the steps to be taken in fulfilment of an offer of amends made under that section must, unless the application is made in the course of proceedings for libel or slander in respect of the publication to which the offer relates, be made before a judge in chambers.

(2) An originating summons by which such an application is made shall be in Form No. 10 in Appendix A.

(HK) ORDER 83A

MONEY LENDERS' ACTIONS

Application and interpretation (O. 83A, r. 1)

1.

(1) These rules apply to a money lender's action subject to the following rules of this Order.

(2) In these rules-

"money lender" has the meaning assigned to it by section 2 of the Money Lenders Ordinance;