| (Cap 282 section 50) [1 December 1953] (G.N.A. 162 of 1953) Cap 282B rule 1 Citation PRELIMINARY These rules may be cited as the Employees' Compensation (Rules of Court) Rules. (L.N. 240 of 1980) Cap 282B rule 2 Interpretation In these rules- "Schedule" (附表) means a Schedule to these rules; "the Ordinance" (本条例) means the Employees' Compensation Ordinance (Cap 282). Cap 282B rule 3 Forms and fees The forms contained in the Schedule or forms to the like effect shall be used with such variations and modifications as the circumstances may require. (G.N.A. 84 of 1956) Cap 282B rule 4 General duties of registrar REGISTRAR OF THE COURT It shall be the duty of the registrar of the court, upon request, to- (a) give information as to matters of form or procedure to any party, and to supply to any party who is not legally represented any form required by these rules for use in matters or proceedings before a court; (b) fill in and make copies of any necessary forms whenever a party, who is not legally represented, is unable to do so owing to illiteracy, blindness, or other physical cause; (c) issue all necessary process. Cap 282B rule 5 Marking of documents The registrar of the court shall mark with a separate number the first document lodged with him by an applicant, and any document lodged subsequently by any party in relation to that application shall first be marked with the same number by the party lodging it and unless so marked may be refused by the registrar of the court. Cap 282B rule 6 Separate records to be kept The registrar of the court shall file under their respective numbers and keep separate the records of all applications under the Ordinance. Cap 282B rule 7 Application Record Book The registrar of the court shall keep a book, to be called the "Application Record Book", which shall be in the form and contain the particulars set out in Form 12 in the Schedule. Cap 282B rule 8 (Repealed L.N. 261 of 1975) Cap 282B rule 9 Signature of registrar sufficient Any minute of any order or appointment made by the court and any receipt to be given by the court may be signed by the registrar of the court. Cap 282B rule 10 Full name and address to be furnished SERVICE OF PROCESS The first document lodged by a party with the registrar of the court shall bear such party's full name and such address as will enable service of notices and documents to be effected on him either by delivery or through the post. A post office box alone shall not be a sufficient address for the purposes of this rule. Cap 282B rule 11 Change of address to be notified Any change of such address shall forthwith be notified, by the party making such change, to the registrar of the court and to the other party or parties to the proceedings. Cap 282B rule 12 When change of address to be effective Any address lodged by a party in pursuance of this rule shall remain an address for service of such party from the date of lodging such address until 48 hours after change thereof has been notified as prescribed in the preceding rule. Cap 282B rule 13 General provisions as to service Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 Save as is otherwise specially provided in the Ordinance or these rules, the following provisions shall apply to service of applications, answers, orders, notices, and other documents which, by the Ordinance or the rules made thereunder, are required to be served on any person who resides in Hong Kong or who has an address for service in Hong Kong or who has authorized a person resident in Hong Kong to accept service on his behalf- (Amended 56 of 2000 s. 3) (a) Service may be effected by sending (within 24 hours after the document to be served has been lodged with the registrar of the court) a copy thereof by prepaid registered post to the party to be served at his address for service. Every copy so sent shall, until the contrary is proved or unless and until the copy is returned by the postal authorities, be deemed to have been served on the person to whom it was so addressed at the time at which it would be delivered in the ordinary course of post. (b) Where a party to an application employs a legal practitioner for the purposes of the application, service upon that party may be effected by delivery of the document at the office of such legal practitioner. (c) Service may also be effected through the bailiff of the court in the manner provided by the rules governing service of summons in actions in the court. (d) Service may be validly effected in any other manner, provided that a receipt, stating the date and hour of service signed by the person to be served or by a person entitled to give such receipt on his behalf, is endorsed on the document or on a copy thereof. Cap 282B rule 14 Court may direct manner of service in particular cases Where any respondent to an application either does not come within the provisions made in the preceding rule, or cannot be served in any of the manners provided in that rule, the court may, upon application ex parte supported by an affidavit stating the circumstances, direct in what manner service shall be effected upon him, including s ervice by newspaper advertisement; and service in accordance with such directions shall be valid and effectual. |
