A 350
CAP. 41
[Subsidiary]
(Cap. 182.)
(Cap. 174.)
(Cap. 290.)
The Rules of the Supreme Court Order 90 [1988 Ed.
Provisions as to actions in tort (O. 89, r. 2)
2. (1) This rule applies to any action in tort brought by one of the parties to a marriage against the other during the subsistence of the marriage.
(2) On the first application by summons or motion in an action to which this rule applies, the Court shall consider, if necessary of its own motion, whether the power to stay the action under section 5(2) of the Married Persons Status Ordinance should or should not be exercised.
(3) Notwithstanding anything in Order 13 or Order 19, judgment on failure to give notice of intention to defend or in default of defence shall not be entered in an action to which this rule applies except with the leave of the Court.
(4) An application for grant of leave under paragraph (3) must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.
(5) If the summons is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued before the time limited for acknowledging service of the writ.
ORDER 90
PROCEEDINGS CONCERNING MINORS
Application to make a minor a ward of court (O. 90, r. 3)
3. (1) Where an action to which a minor is a party is proceeding, an application to make that minor a ward of court may be made by summons in the action; but except in that case an application to make a minor a ward of court must be made by originating summons.
(2) Where there is no person other than the minor who is a suitable defendant, an application may be made ex parte to the Registrar for leave to issue either an ex parte originating summons or an originating summons with the infant as defendant thereto; and, except where such leave is granted, the minor shall not be made a defendant to an originating summons under this rule in the first instance.
(3) Particulars of any summons under this rule shall be recorded in the register of wards.
(3A) The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the plaintiff shall-
(a) on issuing the summons or before or at the first hearing thereof lodge in the Registry a certified copy of the entry in the birth register book kept under the Births and Deaths Registration Ordinance or, as the case may be, in the Adopted Children Register maintained under the Adoption Ordinance, relating to the minor, or
Page 350
Page 351
A 350
CAP. 41
[Subsidiary]
(Cap. 182.)
(Cap. 174.)
(Cap. 290.)
The Rules of the Supreme Court Order 90 [1988 Ed.
Provisions as to actions in tort (O. 89, r. 2)
2. (1) This rule applies to any action in tort brought by one of the parties to a marriage against the other during the subsistence of the marriage.
(2) On the first application by summons or motion in an action to which this rule applies, the Court shall consider, if necessary of its own motion, whether the power to stay the action under section 5(2) of the Married Persons Status Ordinance should or should not be exercised.
(3) Notwithstanding anything in Order 13 or Order 19, judg- ment on failure to give notice of intention to defend or in default of defence shall not be entered in an action to which this rule applies except with the leave of the Court.
(4) An application for grant of leave under paragraph (3) must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.
(5) If the summons is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued before the time limited for acknowledging service of the writ.
ORDER 90
PROCEEDINGS CONCERNING MINORS
Application to make a minor a ward of court (O. 90, r. 3)
3. (1) Where an action to which a minor is a party is proceeding, an application to make that minor a ward of court may be made by summons in the action; but except in that case an application to make a minor a ward of court must be made by originating summons.
(2) Where there is no person other than the minor who is a suitable defendant, an application may be made ex parte to the Registrar for leave to issue either an ex parte originating summons or an originating summons with the infant as defendant thereto; and, except where such leave is granted, the minor shall not be made a defendant to an originating summons under this rule in the first instance.
(3) Particulars of any summons under this rule shall be re- corded in the register of wards.
(3A) The date of the minor's birth shall, unless otherwise directed, be stated in the summons and the plaintiff shall-
(a) on issuing the summons or before or at the first hearing thereof lodge in the Registry a certified copy of the entry in the birth register book kept under the Births and Deaths Registration Ordinance or, as the case may be, in the Adopted Children Register maintained under the Adop- tion Ordinance, relating to the minor, or
Page 350Page 351
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