【法规名称】
【法规编号】 79657 什么是编号？
【正 文】
CAP 352A PARTITION RULES
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(Cap 352 section 10) [3 April 1987] (L.N. 95 of 1987) Cap 352A rule 1 Citation These rules may be cited as the Partition Rules. (Enacted 1987) Cap 352A rule 2 Interpretation Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In these rules- "pleadings" (状书) has the meaning assigned to it by R.H.C. Order 1, rule 4; "Registrar" (司法常务官) means- (a) in relation to proceedings commenced in the Court of First Instance, the Registrar of the High Court; (b) in relation to proceedings commenced in a District Court, the Registrar of the High Court exercising his jurisdiction as the Registrar of the District Court by virtue of section 14(4) of the District Court Ordinance (Cap 336).(2) In these rules any reference to an Order and rule if prefixed by the letters "R.H.C." is a reference to that Order and rule in the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2) Cap 352A rule 3 Application of Rules of High Court and District Court Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 Subject to the Ordinance and these rules the practice and procedure of the High Court and of the District Court as may be appropriate, including the provisions relating to commencement of proceedings shall apply to proceedings under the Ordinance as nearly as circumstances admit. (25 of 1998 s. 2) Cap 352A rule 4 Documents to be served on the Director In any proceedings under the Ordinance a copy- (a) of every pleading and amended pleading filed in Court; (b) of every affidavit filed in Court; (c) of every answer to interrogatories and of all particulars furnished or filed in Court, whether pursuant to an order of the Court or otherwise; (d) of every interlocutory application, and every order made thereon filed in Court; and (e) of every notice, including notices of appeal, filed in Court,shall forthwith after such filing or furnishing be served or caused to be served on the Director by the party on behalf of whom such document is filed or furnished. (Enacted 1987) Cap 352A rule 5 Application by Secretary for Justice to be added as a party An application by the Secretary for Justice under section 3A of the Ordinance to be added as a party may be made ex parte by summons to a judge of the Court in which the proceedings are pending or to the Registrar, but the judge or Registrar may, if he thinks fit, require the attendance of the Secretary for Justice on the application. (Enacted 1987. L.N. 362 of 1997) Cap 352A rule 6 Service of documents, etc. Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where any document is required by the Ordinance or these rules to be served on the Director- (a) service may be effected by sending the document by post or delivering it to the Director; (b) it shall not be necessary for the Director to acknowledge service of such document; (c) an affidavit of service, the contents of which shall be in accordance with R.H.C. Order 65, rule 8, shall be filed in Court by the person required to effect such service, as proof of service; (d) if due service has not been effected or no affidavit of service has been filed in Court, the Court shall, subject to sub-paragraph (e), adjourn the hearing on such terms as to costs or otherwise as it thinks fit, in order that service may be effected or an affidavit of service filed; and (e) if due service has been effected but no affidavit of service filed in Court, the Court may proceed with the hearing if the party required to file such affidavit satisfies the Court that service has been effected and gives an undertaking to Court to file an affidavit of service within such time as may be directed by Court.(2) In any proceedings under the Ordinance, the provisions of R.H.C. Order 65, rule 4 in respect of inspection and obtaining copies of any document filed in the registry of the Court shall apply to the Director as if he were a party to the proceedings. (Enacted 1987. 25 of 1998 s. 2) Cap 352A rule 7 Notices to be in writing Unless otherwise directed any notice required by the Ordinance or these rules to be given shall be given in writing. (Enacted 1987) Cap 352A rule 8 Service on the Secretary for Justice Service of any document on the Secretary for Justice in any proceedings under the Ordinance may be effected by sending the document by post, or delivering it, to the Secretary for Justice. (Enacted 1987. L.N. 362 of 1997) Cap 352A rule 9 Length of stay of proceedings The period during which any proceedings are stayed by section 3B of the Ordinance shall be 21 days. (Enacted 1987) |
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