Hong kong writ search Once the writ of summons has been duly served on the representative to enter the defendant’exs premises to search for and seize certain documents The current fee for issue of a writ of summons in the CFI in Hong Kong is HKD1,045. 如果我打算在區域法院或高等法院向某人提出訴訟，我應以傳訊令狀(writ of summons)還是以原訴傳票(originating summons)展開法律程序？ 如何以傳訊令狀展開民事訴訟？ 如果我打算在區域法院或高等法院向某人提出訴訟，我應以傳訊令狀(writ of summons)還是以原訴傳票(originating summons)展開法律程序？ 凡訴訟涉及合約、 侵權 、詐騙、人身傷害或死亡之賠償、財產損毁之賠償、以至一般涉及案情事實之實質爭議的案件，均須以 傳訊令狀 展開訴訟。 A writ of summons is used for actions where the main facts of the case are in dispute, while an originating summons is used for actions where the main issues in dispute are points of law and there is little or no dispute over the facts. The Defendant contested the judgment and the Court held that the judgment was irregular because service was invalid. offences under the Prevention of Bribery Ordinance or the Elections (Corrupt and Illegal Conduct) Ordinance; or offences of theft, fraud, false accounting etc ). We would like to show you a description here but the site won’t allow us. Submit draft Judgment / Order for approval (1,088 KB) Submit faired Judgment / Order for sealing (1,283 KB) HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. For claims filed in the CFI, court fees must be paid at the account's office at A writ served on the defendant personally (i. Emailinfo@accoladegroup. File Writ of Subpoena (other than Government Department) (2,299 KB) File Writ of Execution (Government Department) (1,897 KB) File Writ of Execution (other than Government Department) (1,837 KB) Send Judgment/Order - Approval and Sealing. Access to Information (A) Code on Access to Information (B) List of Information Available to the Public Free of Charge or at a Cost (C) List of Records by Category (252 KB) (D) Procedures for Access to Information not Routinely Published (E) Procedures for Personal After the writ (either with or without an accompanying Statement of Claim) or originating summons has been served, the defendant has 14 days (or 28 days if the defendant is outside Hong Kong) (inclusive of the day of service of the writ/originating summons) to file an acknowledgment of service indicating whether he/she intends to defend the claim. Regarding the procedure of a civil action commenced by a writ of summons, please go to question 9. “Writ of Fieri Facias” or “Writ of Possession”) and “Praecipe” as the “Document Name”. on the working day preceding the trial day. III. 1. In the past, these have included: Prior to 1 July 1997, leases of land in the urban areas of Hong Kong Island and Such a Writ is used primarily to prevent the Plaintiff’s claim from being time-barred, so such a Writ is commonly termed “protective writ”. It will depend upon the nature of the claim, as well as its value. After the plaintiff has obtained a court order or judgment, and if the opponent does not comply, the plaintiff may, depending on the nature of the case, apply for enforcement by the Bailiff. In each case $ 1,045. What is pleading? Central, Hong Kong. Open Languages menu. In relation to an application other than an application for an order for possession of any premises, where a notice of opposition has been filed, or the time limited for filing has elapsed and no Home Hong Kong Business Search . Jurisdiction of the High Court It should be noted that although the High Court has unlimited jurisdiction to handle any of the above claims, it normally will not entertain a claim that falls within the jurisdiction of the District Court or the Lands Tribunal. a filing fee for the writ of execution; a deposit for the bailiff's travelling expenses ($400 for the Hong Kong and Kowloon areas or $800 for the New Territories); and; a deposit for the cost of a maximum of 8 days' services by the security guard (note). To obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications. Within (14 days) after the service of thisWrit on you, counting the day of The search reports will be displayed instantly online upon fee payment, if necessary. court registry with justifications A3. In a series of proceedings. 2596 0281. (in liquidation) (“ China Medical ”), the courts examined a number of important civil procedure principles. Although the Defendant knew of the proceedings a month after the writ was served, this did not detract from the Order 10 requirement that the Defendant was to be within Hong Kong when the writ was served. 不同於台灣的歐陸法體系，香港的法律制度屬於英美法系，以普通法為基礎。和以成文法典為依據的歐陸法系相比，普通法特點是強調「遵循先例」（stare decisis）原則，法官在裁決時會遵循先前類似案件 issue a summons stating the grounds on which the jurisdiction of the Hong Kong court is disputed, and the relief sought (eg, an order setting aside the writ or service of the writ on him or her Hong Kong courts can grant the claimant would have to file a writ of summons with the relevant court to start a civil action in Hong Kong. The appeal system seeks to ensure that any failures or mistakes claimed to have been made in or in *It is only applicable for party name, case number e. The foreign judgment was not contrary to Hong Kong rules of public policy or notions of natural justice; The foreign court had jurisdiction over the defendant according to Hong Kong rules; and; An action in Hong Kong based on a foreign judgment must be brought within 12 years from the date on which the foreign judgment became enforceable. . The litigation check can be performed 24 hours a day and 7 days a week. Writ of summons is the appropriate mode by which to commence a personal injury action. The Bailiff is a public officer empowered to execute the order or judgment of a Court or Tribunal. We are pleased to announce that our latest efforts have culminated in the deployment of AI-powered features to 答 1. 於電子法院使用電子科技; 使用司法機構綜合法院案件管理系統的條款及細則; 通告及公布; 經電子法院登入iCMS if the plaintiff is a limited company registered in Hong Kong or a company incorporated outside Hong Kong, the defendant can use section 905 of the Companies Ordinance (Cap. Over the past 2 years the research and development teams at HKLII have worked hard to bring new functions to the platform. Fax +852 3521 2800. Writ of Summons. Tel +852 3521 2888. These judgments are provided by the Judiciary of the Government of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China. 判案書. For the Small Claims Listing Matters, Adjournments and Withdrawals. Civil Extract search, a search for the record in relation to an identified person [a natural person or a corporaton] for a period of 7 years in Hong Kong (High Court, District Courts [Cases in HCA, This database contains judgments of District Court from 1946. These judgments are provided by the Judiciary of the Government of the Hong Kong Special Administrative Region (HKSAR) of To enquire Summons and Notice, an IU/OU account holder is required to login his/her registered user account. delivered by hand) is treated as having been served on the day it was delivered to the defendant. At D-Law, we provide comprehensive yet user-friendly service solutions to assist law professionals conduct legal research more efficiently. Get QR Code; My Collection; Printing List; Feeds and The foreign judgment was not contrary to Hong Kong rules of public policy or notions of natural justice; The foreign court had jurisdiction over the defendant according to Hong Kong rules; and; An action in Hong Kong based on a foreign judgment must be brought within 12 years from the date on which the foreign judgment became enforceable. 綜合法院案件管理系統將由2022年12月30日起應用於裁判法院傳票法庭內的(a)傳票案件（包括部門及私人傳票、交通違例扣分傳票及定額罰款傳票 ）；和(b)通知書案件（包括部門通知書、定額罰款令及定額罰款追討令）。 一、香港法律體系. For other interested people, they may get the case number for searching in accordance with the relevant legislation on court procedures (e. Select “Magistrates’ Courts” “Case Enquiry” “Enquire Summons and Notice”, provide the search information so required. any action or proceeding pending in a court or tribunal that relates to land or any interest in or charge on land. Case Bulletin: 2019/05 . Customers can find out the key 2. Q1. How to start a civil action. Once the writ of summons has been duly the court can grant an order which permits the claimant’s representative to enter the defendant’exs premises to search for and seize certain In the recent case of Chan Pat Hung Eva (suing by her attorney, Pun Sau Yuk) v Wong Hau Ki [2018] HKDC 585, the Defendant applied to set aside a default judgment entered against him. In order to obtain such a search warrant, the police must generally provide evidence on oath to the Magistrate to show that there is a reasonable cause to suspect that there is any It is not mandatory for a party in any legal action in Hong Kong to have legal representation. concerning China Medical Technologies, Inc. com. The Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and Hong Kong Courts (Arrangement) provides an official channel for Hong Kong to make Action Deadline; a: Defendant to acknowledge service of the writ: Within 14 days from the service of the writ: b: Defendant to file and serve a defence (and counterclaim, if any) In 1997, the People’s Republic of China (PRC) assumed sovereignty over Hong Kong and Hong Kong is now a Special Administrative Region of the PRC. (a) a writ of summons (except a concurrent, renewed or amended writ); (b) an originating summons; (c) an originating notice of motion; (d) an originating petition; (e) an originating ex parte application; (f) any other originating document. Civil courts in Hong Kong consist of: 1. For the Small Claims Tribunal, the fees vary from HKD20 to HKD120, depending on the claim value. 傳真. For Warrant of Distress case, the writ of execution should be filed directly with the District Court Registry. Court Diary. In this article, we look at how the judge’s discretion in an Select the relevant document name of the writ of execution or enforcement (e. 新載判案書; 判案書; 裁決理由; 判刑理由; 新載判案書項下所展示的判案書，都是過去6個工作天內上載的判案書。. co CJQ a 00 00 o CJQ o cn o o CJQ o o O o o o o a o a o o o O o o o CJq . Newly Added Judgments; Judgments; Reasons for Verdict; Reasons for Sentence; Newly Added Judgments are judgments uploaded in the last six working days. _____ OF 20 _____ Between _____ of (address) _____ THIS WRIT OF SUMMONS has been issued against you by the above-named Plaintiff in respect of the claim set out on the back. There are various terms and types of government leases in Hong Kong. Typhoon and Rainstorm Warning Arrangements; I accept the above Conditions. Which are the various courts in Hong Kong that preside over civil disputes? A1. 在收到傳訊令狀後的14天內存檔Acknowledgment of Service，通知法庭及對方您將應訊及抗辯； We're sorry but Hong Kong Legal Information Institute (HKLII) doesn't work properly without JavaScript enabled. Room 515, 5/F, Building 1, SK The next generation search tool for finding the right lawyer for you. The copyright rests with the Hong Kong Special Administrative Region Government. 4A of the Laws of Hong Kong) or Order 11 of the Rules of the District Court as appropriate. These Acknowledgment of Service of Writ of Summons [Form 14, Cap 336H] (62 KB) (40 KB) Acknowledgment of Service of Originating Summons – for all cases other than costs-only proceedings under section 53A of the District Court Ordinance [Form 15, search given in Note 1 in Appendix 1, the government lease was granted for a term of 75 years commencing on 8 July 1959 and expiring on 7 July 2034. 9. csa@landreg. The search results on this web page are for reference purpose only. Content HK Company Basic Report HK Writ of Summons (Civil Actions Only) 3 Working 24/F, Low Block, Grand Millennium Plaza, 181 Queen's Road Central, Sheung Wan, Hong Kong. Law and Practice 1. Can I start a civil action against someone: (a) without a permanent address? (b) ordinarily resides outside Hong Kong? (c) who is missing? (d) whose name is unknown? 12. gov. e. Compulsory winding-up by the High Court of the Hong Kong Special Administrative Region (“the Court”) Compulsory Winding-up Petition. You may go to the website of the Judiciary to view these court forms. For enquiries, please contact the respective court registries. Where of summons with the relevant court to start a civil action in Hong Kong. Reproduction for commercial purposes is strictly prohibited. If you wish you conduct a legal search &/or writ search, feel free to contact us. Under what circumstances can the police enter and search my home or office? Power of Entry and Search The police can enter and search any premises with a warrant issued by a Magistrate. View PDF. 在收到傳訊令狀 (Writ of Summons)時，訴訟在第一階段，即訟書階段，在此階段，建議立即聘用律師進行下列工作： 1. 11 Jul, 2023. hk. i-Search possesses a predominant database and search engine for Online Court Writ Search. The Court allowed the application and ruled that the default judgment obtained was irregular on the basis that there was no reasonable ground for the Plaintiff to believe that the Hong Kong courts may allow the enforcement of foreign judgments where such foreign a judgment creditor must commence fresh proceedings by writ to recover the foreign When deciding whether to recognise a foreign al overview of Hong Kong's civil litigation process so prospective litigants can be more informed before commencing proceedings. These judgments are also available from the Judgment section of the Legal Reference System website. In Hong Kong, a writ once issued remains valid for service for one year including the day of issue (effectively, 364 days We may assist client to perform the information search of the details of a corporation in Hong Kong. Extracts of records include the name of directors and the addresses, the name of shareholders and the addresses, the name of secretary(ies) and the address(es), the registered office, the share capital structure, charges information, winding up order, deregistration etc A search warrant may be granted by a Magistrate for the purpose of entering and searching premises or places for evidence of specified offences under section 10 of the ICAC Ordinance (e. Further, the prescribed Form 16C should accompany your writ. Issues relating to Bailiff. Once a “protective writ” has been filed with the Court, the Plaintiff is regarded as having brought an action in law, and will thus not be deprived of time limitation. Read the accompanying directions and notes for guidance Drafting and Making Legislation in Hong Kong. Chan Tai Man or ABC Company or HCA1234/2009 Court Diary. Drafting Legislation in Hong Kong— A Guide to Styles and Practices; How Legislation is Made in Hong Kong— A Drafter’s View of the Process; Articles. Important. Court hearings in Hong Kong are generally open to the public, however, pleadings (save for the writ of summons) and other documents that are filed over the course of proceedings will not be available to the public. Hong Kong . For details, please go back to question 9. ID number(s), Passport number(s), BR number(s)) and CR number(s) are not released in The right of appeal is an important part of Hong Kong's legal system, for it allows a higher court to review the judgment of a lower court. Legal Case Search Hong Kong / Writ Search Hong Kong. HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1 (10 KB)) and the accompanying acknowledgement of service (Form No. Business Search. 4A) and the Rules of the The Judiciary Portal provides access to court services, judgments, and daily cause lists in Hong Kong. (Note: The Bailiff's Office can arrange a private security guard service on your behalf. The District Court; 2. China Office. Information Search - Writ of Summons & Judgement We may perform the information search of a Writ of Summons or a Judgement of a Court case in Hong Kong :- Court of Final Appeal (since Press & Public Relations Office; Item Description Format Unit Price Availability; 1. Required Documents “Application for Leave to Issue a Writ of Possession” Required Fees Open Search. For both documents, select “For reply requisitions” as the “Purpose” and input DRN of the requisition letter. Authored by: Genevieve Lam Hong Kong has a number of mutual arrangements with Mainland China for judicial assistance for civil and commercial cases. A maximum of 5 searches can be made in each submission (except for Batch Compulsory Winding-up Search). A limited company may be wound up by the Court in the circumstances set out in the . _____ OF 20_____ Between Plaintiff AND Defendant ACKNOWLEDGMENT OF SERVICE OF WRIT OF SUMMONS If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY. 622 of the Laws of Hong Kong) – i. Judgments. 00 00 a o Z to Z o o O Z The information on this web page is for private use only. This database contains judgments of District Court from 1946. The Judiciary Portal provides access to court services, judgments, and daily cause lists in Hong Kong. You can also use your reference We would like to show you a description here but the site won’t allow us. Daily Cause Lists; The Warned List; Information for parties to proceedings The plaintiff should apply for permission before serving the writ of summons outside Hong Kong . 4. He/She then Database of judgments from District Court of Hong Kong. How do I start a civil action by issuing a writ of summons? 10. Hong Kong has its own mini-constitution, called the Basic Law, which governs the laws applicable specifically to the region of Hong Kong. ii. 14 (40 KB)) can be obtained at the District Court Registry. 本網頁提供各級法院現時及下一個聆訊日期資料。 此網頁所載的資料因時有更改，所以只供參考。 最新的資料以張貼於各法院及審裁處的審訊案件表為準。 如有查詢, 請聯絡 各法院登記處。 Filing of Writ of Summons. Please refer to the lists posted in various courts and tribunals for the official information. There are various options presently available in Hong Kong to identify the asset position of another party by conducting the following public searches either in person or online at the relevant departments of Hong Kong: If you cannot afford the legal costs, the Free Legal Advice Scheme (run by the Duty Lawyer Service) or the Bar Free Legal Service Scheme (provided by the Hong Kong Bar Association) may offer preliminary legal advice to you. A Sealed Copy Writ of Summons may be acceptable for registration if it is a lis pendens i. Daily cause lists will be posted by 6:30 p. Filing of acknowledgment of service by the defendant A defendant who has been served with an originating summons must acknowledge service of the summons as if it were a writ. It is required for the admission of your claim. g. 3105 0000. Identifying Assets in the Jurisdiction 1. Interpretation of Bilingual Legislation; Is It in Operation? References; Others. 電子法院. 香港特別行政區高等法院原訟法庭（英語： Court of First Instance of the High Court of the Hong Kong Special Administrative Region ），簡稱原訟法庭或原訟庭（英語： Court of First Instance ），是香港特別行政區高等法院組成部份之一，前身是香港高等法院（英語： The High Court of Justice of Hong Kong ）。 After four working days, the landlord must submit an “Application for Leave to Issue a Writ of Possession” to the tribunal and then apply to the bailiff to execute the order. 00 (but no fee is payable on sealing of an originating document by which proceedings The procedures for filing and serving an originating summons are similar to those for filing and serving a writ of summons. A Writ of Summons (Form No. To start a civil action, you could issue a Writ of Summons or Originating Summons in the District Court or High Court (or a claim form in case of the Small Claims Tribunal) by specifying the name and address of the defendant, and the nature and details of your claim in the relevant court forms. (iii) posting (by ordinary, recorded or registered post) to the other party at his usual or last known address or, in the case of a firm, to last known place of business within Hong Kong; or (iv) leaving at the other party's usual or last known address or, in the case of a firm, at the principal / last known place of business within Hong Kong. Notes. A9. Order 63, rule 4 of the Rules of the High Court (Cap. A writ served by post or by insertion through the defendant's letter box is normally treated as having been served on the seventh day after the date of posting or insertion. How do I start a civil action by issuing an originating summons? 11. Select “Magistrates’ Courts” “Case Enquiry” “Enquire i-Search possesses a predominant database and search engine for Online Court Writ Search. the relevant departments of Hong Kong: • business registration search at the Inland Revenue Department; • company search (including directorship search) at the Companies Registry; applies to every action begun by writ other than (i) an action which includes a claim by the plaintiff for libel, slander, mali - Upon the issue of the Writ of Possession, the court bailiff will recover the possession of the property on the landlord’s behalf. Please enable it to continue. Yes. Press Releases & Other Information > Access to Information. The current fee for issue of a writ of summons in the CFI in Hong Kong is HKD1,045. "if it appears on credible testimony that there is reason to believe that the company will be unable to pay the costs of the defendant if successful in his writ of summons and judgement of specified court case, if available for search, in Hong Kong Remarks Information on report varies dependent on the information as available of the subject / individual / company / property being searched in the respective jurisdiction(s). 1 Options to Identify Another Party's Asset Position. 如欲索取此網站內沒有收載的判案書，請以書面方式臚列索取有關判案書的理由，直接向有關的法庭登記處提出申請。法庭登記處提出申請。 查詢一經提交，即表示你已細讀以下重要通知並了解及同意其内容。 本網頁旨在協助法庭程序的各方取得關於他們聆訊日期的 Press Releases & Other Information. With searchable access to over 3 million civil and criminal records from the courts of Hong Kong case, currently dating as far back to 1990 for civil records and 2005 for criminal records - finding the relevant data is more convenient After obtaining an approved writ of execution, you shall take the said approved writ together with the completed Form BF 59 and the endorsed note of the deposit to any of the Bailiff Offices of the Bailiff Section. 12. To enquire Summons and Notice, an IU/OU account holder is required to login his/her registered user account. Extension of Validity of a Writ. m. For details of this application, please refer to Order 11 of the Rules of the High Court (Cap. If he/she has indicated his/her preference to receive the estimation of transcript fees in the application, he/she may, by providing response to the estimation of transcript fees via the “Enquire Electronic Application for Court Records” function, withdraw only the request for transcript, but not the remaining requests for court records as they may have been processed. prh svc uauvuox yoqrhbm rzrexh fnjtpm ubwtg ewp firtf cfp kdqu ypnaab yam uqoxg someihh