LexisNexis®

Hong Kong Civil Court Practice Desk Edition 2012

HK$2,200.00
Publisher: LexisNexis
Format: Hard Cover, Book
ISBN: 9789888146826
Sept, 2012

Description

The Original Practitioner's Reference on the Rules of the High Court

The commentary in this work reflects Hong Kong's experience with the civil justice reforms. The focus is and will continue to be on decisions of the Hong Kong courts. In addition, we have included extracts from our sister publication in the UK, The Civil Court Practice, reflecting the additional ten years of experience of the courts there with the Woolf reforms which were implemented in 1999. Any material differences between Hong Kong's rules and those in England and Wales are highlighted to help readers to assess the persuasiveness of the extracted commentary.

To ensure litigators and users of the Blue Book have all the case references they need to win their case, the author has on occasion, included commentary in this work that goes further afield, referring to relevant authorities from Australia, Canada, Malaysia, New Zealand, Singapore and other jurisdictions with common law traditions and civil procedure systems similar to Hong Kong's.

Table of Contents


List of Contributors

Preface

Table of Cases

Table of Legislation

 

Order 1

Citation, Application, Interpretation and Forms

Order 1A

Objectives

Order 1B

Case Management Powers

Order 2

Effect of Non-Compliance

Order 3

Time

Order 4

Assignment, Transfer and Consolidation of Proceedings

 

Commencement and Progress of Proceedings

Order 5

Mode of Beginning Civil Proceedings in the Court of First

 

Instance

Order 6

Writs of Summons: General Provisions

Order 7

Originating Summons: General Provisions

Order 8

Originating and other Motions: General Provisions

Order 9

Petitions: General Provisions

Order 10

Service of Originating Process: General Provisions

Order 11

Service of Process, etc., out of Jurisdiction

Order 12

Acknowledgment of Service of Writ or Originating

 

Summons

Order 13

Failure to Give Notice of Intention to Defend

Order 13A

Admissions in Claims for Payment of Money

Order 14

Summary Judgment

Order 14A

Disposal of Case on Point of Law

Order 15

Causes of Action, Counterclaims and Parties

Order 16

Third Party and Similar Proceedings

Order 17

Interpleader

Order 18

Pleadings

Order 19

Default of Pleadings

Order 20

Amendment

Order 21

Withdrawal and Discontinuance

Order 22

Offers to Settle and Payments into Court

Order 22A

Miscellaneous Provisions About Payments into Court

Order 23

Security for Costs

Order 24

Discovery and Inspection of Documents

Order 25

Case Management Summons and Conference

Order 26

Interrogatories

Order 27

Admissions

Order 28

Originating Summons Procedure

Order 29

Interlocutory Injunctions, Interim Preservation of

 

Property, Interim Payments, etc.

Order 30

Receivers

Order 31

Sales etc of Land by Order of Court

Order 32

Applications and Proceedings in Chambers

Order 32A

Vexatious Litigants

Order 33

Place and Mode of Trial

Order 34

Setting Down for Trial Action Begun by Writ

Order 35

Procedure at Trial

Order 36

Trials before, and Inquiries by, Master

Order 37

Damages: Assessment after Judgment and Orders

 

for Provisional Damages

Order 38

Evidence

Order 39

Evidence by Deposition: Examiners of the Court

Order 40

Court Expert

Order 41

Affidavits

Order 41A

Statements of Truth

Order 42

Judgments and Orders

Order 43

Accounts and Inquiries

Order 44

Proceedings under Judgments and Orders

Order 44A

(HK) Prohibition Order before or after Judgment and

 

Attachment of Property before Judgment

Order 45

Enforcement of Judgments and Orders: General

Order 46

Writs of Execution: General

Order 47

Writs of Fieri Facias

Order 48

Examination of Judgment Debtor, etc.

Order 49

Garnishee Proceedings

Order 49B

(HK) Execution and Enforcement of Judgment for

 

Money by Imprisonment

Order 50

Charging Orders, Stop Orders, etc.

Order 51

Receivers: Equitable Execution

Order 52

Committal

Order 53

Applications for Judicial Review

Order 54

Applications for Writ of Habeas Corpus

Order 55

Appeals to the High Court from Court, Tribunal

 

or Person: General

Order 58

Appeals from Masters

Order 59

Appeals to the Court of Appeal

Order 60A

(HK) Appeals from Tribunals to Court of Appeal

 

on a Question of Law other than by way of Case Stated

Order 61

Appeals from Tribunals to Court of Appeal by way of

 

Case Stated

Order 62

Costs

Order 62A

Costs Offer and Payments into Court

Order 63

The Registry

Order 64

Sittings, Vacations and Office Hours

Order 65

Service of Documents

Order 66

Paper, Printing, Notices and Copies

Order 67

Change of Solicitor

Order 68

Official Shorthand Note

Order 69

Service of Process from a Country or Place Outside

 

Hong Kong

Order 70

Obtaining Evidence for Foreign Courts, etc.

Order 71

Reciprocal Enforcement of Foreign Judgments

Order 71A

Reciprocal Enforcement of Mainland Judgments

Order 71B

Certified Copies of Judgments Given by Court of

 

Final Appeal and High Court

Order 72

(HK) Particular Proceedings

Order 73

Arbitration Proceedings

Order 74

(Repealed L.N. 343 of 1989)

Order 75

(HK) Admiralty Proceedings

Order 76

Contentious Probate Proceedings

Order 77

Proceedings by and against the Crown

Order 78

District Court Proceedings Transferred or Removed to

 

the Court of First Instance

Order 79

Tribunal Proceedings Transfer or Removal to the

 

Court of First Instance

Order 80

Disability

Order 81

Partners

Order 82

Defamation Actions

Order 83A

(HK) Money Lenders’ Actions

Order 84A

(HK) Actions arising out of Hire-purchase or Conditional

 

Sale Agreements

Order 85

Administration and Similar Actions

Order 86

Actions for Specific Performance etc: Summary Judgment

Order 87

Debenture Holders’ Actions: Receiver’s Register

Order 88

Mortgage Actions

Order 89

Proceedings between Husband and Wife

Order 90

Proceedings concerning Minors

Order 92

Lodgment, Investment, etc. of Funds in Court

Order 93

The Variation of Trusts Ordinance

Order 95

The Bills of Sale Ordinance and Bankruptcy Ordinance

Order 100

The Trade Marks Ordinance

Order 102

The Companies Ordinance

Order 103

The Registration of Patents Ordinance: The Patents Acts

 

1949 to 1961 and 1977

Order 106

Proceedings Relating to Solicitors:

 

The Legal Practitioners Ordinance

Order 113

Summary Proceedings for Possession of Land

Order 114

(HK) Commissioners for Oaths

Order 115

Drug Trafficking (Recovery of Proceeds) Ordinance

 

(Cap. 405)

Order 115A

(HK) Mutual Legal Assistance in Criminal Matters

 

Ordinance (Cap. 525)

Order 116

(HK) Organized and Serious Crimes Ordinance (Cap. 455)

Order 117

(HK) Organized and Serious Crimes Ordinance (Cap. 455)

Order 117A

(HK) United Nations (Anti-terrorism Measures) Ordinance (Cap 575)

Order 118

(HK) Interpretation and General Clauses Ordinance (Cap. 1) 

Order 119

(HK) Prevention of Bribery Ordinance (Cap. 201)

Order 120

(HK) Charitable Trusts

Order 121

Child Abduction and Custody Ordinance (Cap. 512)

 


Appendices

Index


Author/Contributor

WS Clarke



BA LLB LLM
He is a Solicitor in private practice in Hong Kong, who is also qualified in British Columbia and Northern Ireland. He was a legal academic at the Faculty of Law, The University of Hong Kong (HKU), from 1980 to 1995, where he taught civil procedure and a range of other subjects. In addition to his current private practice, which concentrates on civil litigation, Mr Clarke is an Honorary Lecturer at HKU's Department of Professional Legal Education. He is the Editor and Main Contributor of Hong Kong Civil Court Practice and the General Editor of Hong Kong Cases.
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