1964_RULES_OF_THE_SUPREME_COURT — Page 81

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court Order 22

[CAP. 4

(3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action.

Money remaining in court (O. 22, r. 5)

5. If any money paid into court in an action is not accepted in accordance with rule 3, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in.

Counterclaim (O. 22, r. 6)

6. A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except paragraph (5)), 4 and 5 shall apply accordingly with the necessary modifications.

Non-disclosure of payment into court (O. 22, r. 7)

7. (1) Except in an action to which a defence of tender before action is pleaded, and except in an action all further proceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun and subject to paragraph (2), the fact that money has been paid into court under the foregoing provisions of this Order shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counterclaim or of any question or issue as to the debt or damages until all questions of liability and of the amount of the debt or damages have been decided.

(2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one.

Money paid into court under order (O. 22, r. 8)

8. (2) Subject to paragraph (2), money paid into court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court.

A 81

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1988 Ed.] The Rules of the Supreme Court Order 22 [CAP. 4 (3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action. Money remaining in court (O. 22, r. 5) 5. If any money paid into court in an action is not accepted in accordance with rule 3, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in. Counterclaim (O. 22, r. 6) 6. A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except paragraph (5)), 4 and 5 shall apply accordingly with the necessary modifications. Non-disclosure of payment into court (O. 22, r. 7) 7. (1) Except in an action to which a defence of tender before action is pleaded, and except in an action all further proceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun and subject to paragraph (2), the fact that money has been paid into court under the foregoing provisions of this Order shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counterclaim or of any question or issue as to the debt or damages until all questions of liability and of the amount of the debt or damages have been decided. (2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one. Money paid into court under order (O. 22, r. 8) 8. (2) Subject to paragraph (2), money paid into court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court. A 81 [Subsidiary]
Baseline (Original)
1988 Ed.] The Rules of the Supreme Court Order 22 [CAP. 4 (3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceed- ings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action. Money remaining in court (O. 22, r. 5) 5. If any money paid into court in an action is not accepted in accordance with rule 3, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in. Counterclaim (0. 22, r. 6) 6. A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except para- graph (5)), 4 and 5 shall apply accordingly with the necessary modifications. Non-disclosure of payment into court (O. 22, r. 7) 7. (1) Except in an action to which a defence of tender before action is pleaded, and except in an action all further pro- ceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun and subject to paragraph (2), the fact that money has been paid into court under the foregoing provisions of this Order shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counter- claim or of any question or issue as to the debt or damages until all questions of liability and of the amount of the debt or damages have been decided. (2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one. Money paid into court under order (O. 22, r. 8) paid 8. (2) Subject to paragraph (2), money paid into court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court. A 81 [Subsidiary]
2026-05-05 10:09:10 · Baseline
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1988 Ed.] The Rules of the Supreme Court Order 22

[CAP. 4

(3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceed- ings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(4), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action.

Money remaining in court (O. 22, r. 5)

5. If any money paid into court in an action is not accepted in accordance with rule 3, the money remaining in court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in.

Counterclaim (0. 22, r. 6)

6. A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into court in accordance with rule 1, and that rule and rules 3 (except para- graph (5)), 4 and 5 shall apply accordingly with the necessary modifications.

Non-disclosure of payment into court (O. 22, r. 7)

7. (1) Except in an action to which a defence of tender before action is pleaded, and except in an action all further pro- ceedings in which are stayed by virtue of rule 3(4) after the trial or hearing has begun and subject to paragraph (2), the fact that money has been paid into court under the foregoing provisions of this Order shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counter- claim or of any question or issue as to the debt or damages until all questions of liability and of the amount of the debt or damages have been decided.

(2) Where the question of the costs of the issue of liability falls to be decided, that issue having been tried and an issue or question concerning the amount of the debt or damages remaining to be tried separately, any party may bring to the attention of the Court the fact that a payment into court has or has not been made and the date (but not the amount) of such payment or of the first payment if more than one.

Money paid into court under order (O. 22, r. 8)

paid

8. (2) Subject to paragraph (2), money paid into court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court.

A 81

[Subsidiary]

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