PD27 Civil Proceedings in the District Court

PRACTICE DIRECTION – 27

Civil Proceedings in the District Court

1.   The following Practice Directions shall apply with suitable adaptations to civil proceedings in the District Court.

A   Mediation

2.   Practice Direction 31 on Mediation applies with suitable adaptations to the District Court.

B   Pleadings

3.   Practice Direction 19.1 on Pleadings applies with suitable adaptations to the pleadings filed in the District Court. “Registry” referred to in the said Practice Direction shall mean the Registry of the District Court.

4.   All writs and originating summonses should contain a plea that the relief sought does fall within the jurisdiction of the District Court, specifying which jurisdiction-conferring section(s) of the District Court Ordinance (Cap. 336) or other enactment shall apply to the case.

C   Sealing of Writ of Summons, Newspaper Advertisements, Filing of Documents and Endorsements on Court Documents

5.   Practice Direction 24.1 on Sealing of Writ of Summons, Newspaper Advertisements, Filing of Documents and Practice Direction 24.2 on Endorsements in the Chinese Language to be made on Court Documents apply with suitable adaptations to civil proceedings in the District Court.  The reference to the Second Schedule to the District Court Civil Procedure (Forms) Rules shall be replaced by Appendix A to the Rules of the District Court.

D   Right of Audience before a Judge or a Master of the District Court

6.   Apart from those persons who are specified in paragraphs 7, 8, 8A and 9 below, andthose persons who have been granted leave by a Judge or a Master pursuant to section 15 of the District Court Ordinance (Cap. 336), only barristers and solicitors admitted in Hong Kong may appear before a Judge or a Master in the District Court.

7.   The following persons employed by or under the supervision of a person having the rights, by virtue of any ordinance, of a solicitor may appear before a Judge or a Master in chambers on an uncontested application or on an application listed for a three-minute hearing:

(1) a trainee solicitor, i.e. a person who has entered into a contract in writing under which he/she is employed as a trainee solicitor as defined under the Trainee Solicitors Rules (Cap. 159J);and

(2) a legal executive,

(a) who graduated from one of the legal executive courses commenced in or after the 2008/2009 academic year, which the Law Society of Hong Kong is satisfied meetthe benchmarks[1] for legal executive courses; or

(b) who graduated from one of the legal executive courses commenced prior to the 2008/2009 academic year, which the Law Society of Hong Kong recognises; or

(c) who became a member of the then Institute of  Legal Executives (ILEX) prior to the 2008/2009 academic year;

provided that he/she must have at least three years’ legal work experience.

8.   In addition to those persons mentioned in paragraph 7 above, the following persons may appear before a Master in the District Court on the taxation of a bill of costs:

(1) a costs clerk employed by or under the supervision of a person having the rights, by virtue of any ordinance, of a solicitor;

(2) a law costs draftsman, approved as such by the Law Society of Hong Kong, who may appear on behalf of a solicitor; and

(3) subject to paragraph 8A below, a trainee solicitor.

8.. A trainee solicitor in the last 12 months of his/her trainee solicitor contract may appear before a taxing Master on the taxation of a bill of costs listed for not more than 3.5 hours provided that:

(1) he/she has had not less than 6 months’ training in litigation;

(2) he/she has been trained in taxation through drafting bills, drafting lists of objections and sitting in on taxation hearings; and

(3) the principal or handling solicitor has ensured that the trainee solicitor is fit to handle that taxation.

9.  A trainee solicitor, during the last 12 months of his/her trainee solicitor contract, may appear for a plaintiff or a defendant before a Judge or a Master in chambers on:

(1) applications for judgment pursuant to Order 14, Rules of the District Court, where the hearing is listed for not longer than 15 minutes;

(2) applications pursuant to Order 88, Rules of the District Court, where the hearing is listed for not longer than 15 minutes; and

(3) applications pursuant to Order 83A, rule 4, Rules of the District Court, where the hearing is listed for not longer than 15 minutes.

E   Proceedings before Masters in the District Court

10.  Practice Direction 14.2 on Proceedings before Masters applies with suitable adaptations to the District Court.

F   Preparation of Summons for Hearing

11.  Practice Direction 5.4 on Preparation of Interlocutory Summonses and Appeals to Judge in Chambers for Hearing applies with suitable adaptations to the District Court.

G   Submission of Authorities

12.  Practice Direction 5.5 on Submission of Authorities applies with suitable adaptations to the District Court.

H   Case Management

13.  Practice Direction 5.2 on Case Management applies with suitable adaptations to the District Court.

14.  In cases involving litigants in person, a hearing will be fixed for giving case management directions unless otherwise directed by the Court.

I   Documents for Use at Trial

15.  Practice Direction 5.6 on Documents for Use at Trial applies with suitable adaptations to the District Court.

J   Running and Fixture Lists in the District Court

(1)   Cases Covered by the Running List

16.  There will be a Running List for the trial of the following types of cases in the District Court:

(1) cases in the Personal Injuries List;

(2) claims under the Employees’ Compensation Ordinance (Cap. 282); and

(3) claims for compensation resulting from damage to a vehicle involved in a traffic accident.

17.  A case falling into any of these three categories may be excluded from the Running List if:

(1) the estimated length of the trial is more than three days; or

(2) any of the parties involved in the case is unrepresented.

18.  An action which satisfies the criteria mentioned in paragraph 17 above will only be assigned to the Fixture List where the Court is satisfied that there is good cause for doing so when setting down or giving leave to set down the action/application for trial.  Such good cause shall be shown by an affidavit.

(2)   Change of Circumstances after Leave is Granted to Set Down or Setting Down a Case in the Running List

19.  If any of the parties becomes unrepresented after leave is granted to set down or setting down the action/application in the Running List, the case will continue to be kept in that List and the trial will be listed for hearing accordingly.  Solicitors who apply to cease to act under such circumstances have the duty to explain to their clients the operation of the Running List.

20.  Any party to an action may, at any time after leave to set down is given or setting down, apply to transfer the action from one list to the other, to fix a date or a particular date for the hearing of the action or to vary a date already fixed.  Such an application shall be made by summons with not less than one clear day’s notice to all other parties to the action.  The summons shall be supported by an affidavit setting out the matters on which the party making the application will seek to rely.  No order will be made under this paragraph in respect of an action already listed in the Warned List as mentioned in paragraph 22 unless there are exceptional circumstances.

(3)   Operation of the Running List

21.  On the last day of each month, those actions which are expected to be tried during the next succeeding month will be listed on the notice board on the ground floor of the District Court next to the daily cause list (and on the notice board outside the Registry on the 6th Floor of the District Court) (“the Pending List”).

22.  On each Wednesday, those actions on the Pending List which are expected to be tried during the next succeeding week will be similarly listed (“the Warned List”).

23.  Actions will be taken for hearing in the order in which they appear on the Warned List in so far as this is possible having regard to the estimated length of trial and the availability of Judges.

24.  Copies of the Warned List will be sent by post and by fax (if practicable) on the day the list is published to parties or their solicitors on the record in each action listed thereon, but it shall be the duty of every party or their solicitors instructed in any action in the Running List to keep note of its position and the date of trial therein and to be ready for trial in due course.

25.  Solicitors with a case in the Running List will be notified that their case will be heard not later than 2:30 p.m. on the day preceding the first day of the hearing.  The case(s) marked to be heard the following day will be listed on the daily notice boards on the ground floor and the 6th floor of the District Court.  To facilitate notification, parties should leave with the Registry their contact telephone numbers upon becoming unrepresented.

(4)   The Fixture List

26.  In case leave is granted to set down the case for trial in the Fixture List, parties should make an appointment before the Listing Officer to fix the dates for trial.

K   Personal Injuries Cases

27.  Practice Direction 18.1 on The Personal Injuries List applies with suitable adaptations to the personal injuries cases in the District Court.

L   Originating Summonses Set Down for Hearing in the District Court

28.  Save that the first hearing of an originating summons will not necessarily be fixed for hearing on Tuesday mornings, Practice Direction 5.8 on Originating Summonses set down for hearing by Judges and Practice Direction 14.2 on Proceedings before Masters relating to hearing of originating summonses (except paragraphs 5(2), 5(4) and 7) apply with suitable adaptations to the District Court.

M Affidavit Evidence and Chinese Translations

29.  Practice Direction 10.1 on Affidavit Evidence and Practice Direction 10.2 on Chinese Translations apply with suitable adaptations to all the civil proceedings in the District Court.  “Registry” referred to in the said Practice Directions shall mean the Registry of the District Court.

N   Ex Parte, Interim and Interlocutory Applications for Relief (Including Injunctive Relief)

30.  Practice Direction 11.1 on Ex Parte, Interim and Interlocutory Applications for Relief (Including Injunctive Relief) and Practice Direction 11.2 on Mareva Injunctions and Anton Piller Orders apply with suitable adaptations to the District Court.  The functions of the Clerk of Court will be discharged by the Listing Officer in the District Court.

30A. Practice Direction 5.3 on Listing and Hearing of Summonses for Interlocutory Orders and Injunctions applies with suitable adaptations to the District Court. The functions of the Clerk of Court will be discharged by the Listing Officer in the District Court.

O   Warrants of Arrest of Judgment Debtors

31.  Practice Direction 12.1 on Warrants of Arrest of Judgment Debtors applies with suitable adaptations to the warrants of arrest issued under Order 49B, Rules of the District Court.

P   Taxation Proceedings in the District Court

32.  Practice Direction 14.3 on Taxation Proceedings applies with suitable adaptations to the District Court.

Q   Judgment, Execution of Judgment and Peremptory Orders

33.  Practice Directions 16.1 to 16.5 on Settling Draft Orders and Judgments; Judgment: Foreign Currency; Interest on Judgment; Execution to enforce Judgment for Possession of Immovable Property; and Peremptory Orders apply with suitable adaptations to civil proceedings in the District Court.

R   Wasted Costs Order

34.  Practice Direction 14.5 on Wasted Costs Orders applies with suitable adaptations to civil proceedings in the District Court.

S   Miscellaneous Provisions

35.  For the avoidance of doubt, Practice Direction 5.7 on Long Cases and Practice Direction 7.1 on Court of First Instance – Civil Listing do not apply to proceedings in the District Court.

T   Commencement Date

36.  This Practice Direction supersedes the previous Practice Direction 27 on Civil Proceedings in the District Court dated 25 October 2018.

37.  This Practice Direction shall come into effect on 20 June 2025.

 Dated this 5^th day of June 2025.