1964_RULES_OF_THE_SUPREME_COURT — Page 369

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 106

[CAP. 4

A 369

[Subsidiary]

"Society" means The Law Society of Hong Kong.

Jurisdiction under Part VI of the Ordinance exercisable by judge in chambers, etc. (O. 106, r. 2)

2. (1) Any application to the Court under Part VI of the Ordinance may be disposed of in chambers.

(2) The jurisdiction of the Court under Part VI of the Ordinance may be exercised by a judge in chambers.

Power to order solicitor to deliver cash account, etc. (O. 106, r. 3)

3. (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representative, make an order for

(a) the delivery by the solicitor of a cash account;

(b) the payment or delivery up by the solicitor of money or securities;

(c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff;

(d) the payment into or lodging in court of any such moneys or securities.

(2) An application for an order under this rule must be made by originating summons.

(3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

Form of originating summons (O. 106, r. 5)

5. An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A.

Service of documents (O. 106, r. 10)

10. (1) Any document required to be served on the Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Society.

(2) Subject to paragraph (1), any document not required to be served personally which is to be served on a defendant to proceedings under this Order shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

Constitution of the Court of Appeal to hear appeals (O. 106, r. 11)

11. Every appeal shall be heard by the Court of Appeal consisting, unless the Chief Justice otherwise directs, of not less than 3 judges.

App. A. Form 10.

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1988 Ed.] The Rules of the Supreme Court-Order 106 [CAP. 4 A 369 [Subsidiary] "Society" means The Law Society of Hong Kong. Jurisdiction under Part VI of the Ordinance exercisable by judge in chambers, etc. (O. 106, r. 2) 2. (1) Any application to the Court under Part VI of the Ordinance may be disposed of in chambers. (2) The jurisdiction of the Court under Part VI of the Ordinance may be exercised by a judge in chambers. Power to order solicitor to deliver cash account, etc. (O. 106, r. 3) 3. (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representative, make an order for (a) the delivery by the solicitor of a cash account; (b) the payment or delivery up by the solicitor of money or securities; (c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff; (d) the payment into or lodging in court of any such moneys or securities. (2) An application for an order under this rule must be made by originating summons. (3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit. Form of originating summons (O. 106, r. 5) 5. An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A. Service of documents (O. 106, r. 10) 10. (1) Any document required to be served on the Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Society. (2) Subject to paragraph (1), any document not required to be served personally which is to be served on a defendant to proceedings under this Order shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address. Constitution of the Court of Appeal to hear appeals (O. 106, r. 11) 11. Every appeal shall be heard by the Court of Appeal consisting, unless the Chief Justice otherwise directs, of not less than 3 judges. App. A. Form 10.
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1988 Ed.] The Rules of the Supreme Court-Order 106 [CAP. 4 A 369 [Subsidiary] "Society" means The Law Society of Hong Kong. Jurisdiction under Part VI of the Ordinance exercisable by judge in chambers, etc. (O. 106, r. 2) 2. (1) Any application to the Court under Part VI of the Ordinance may be disposed of in chambers. (2) The jurisdiction of the Court under Part VI of the Ordin- ance may be exercised by a judge in chambers. Power to order solicitor to deliver cash account, etc. (O. 106, r. 3) 3. (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representative, make an order for (a) the delivery by the solicitor of a cash account; (b) the payment or delivery up by the solicitor of money or securities; (c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff; (d) the payment into or lodging in court of any such moneys or securities. (2) An application for an order under this rule must be made by originating summons. (3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit. Form of originating summons (O. 106, r. 5) 5. An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A. Service of documents (O. 106, r. 10) 10. (1) Any document required to be served on the Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Society. (2) Subject to paragraph (1), any document not required to be served personally which is to be served on a defendant to proceed- ings under this Order shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address. Constitution of the Court of Appeal to hear appeals (O. 106, r. 11) 11. Every appeal shall be heard by the Court of Appeal consisting, unless the Chief Justice otherwise directs, of not less than 3 judges. App. A. Form 10.
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1988 Ed.] The Rules of the Supreme Court-Order 106

[CAP. 4

A 369

[Subsidiary]

"Society" means The Law Society of Hong Kong.

Jurisdiction under Part VI of the Ordinance exercisable by judge in

chambers, etc. (O. 106, r. 2)

2. (1) Any application to the Court under Part VI of the Ordinance may be disposed of in chambers.

(2) The jurisdiction of the Court under Part VI of the Ordin- ance may be exercised by a judge in chambers.

Power to order solicitor to deliver cash account, etc. (O. 106, r. 3)

3. (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representative, make an order for

(a) the delivery by the solicitor of a cash account;

(b) the payment or delivery up by the solicitor of money or

securities;

(c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff;

(d) the payment into or lodging in court of any such moneys or

securities.

(2) An application for an order under this rule must be made by originating summons.

(3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

Form of originating summons (O. 106, r. 5)

5. An originating summons by which an application under the Ordinance, or any application for an order under rule 3, is made shall be in Form No. 10 in Appendix A.

Service of documents (O. 106, r. 10)

10. (1) Any document required to be served on the Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Society.

(2) Subject to paragraph (1), any document not required to be served personally which is to be served on a defendant to proceed- ings under this Order shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

Constitution of the Court of Appeal to hear appeals (O. 106, r. 11)

11. Every appeal shall be heard by the Court of Appeal consisting, unless the Chief Justice otherwise directs, of not less than 3 judges.

App. A. Form 10.

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