The District Court has both criminal and civil jurisdiction.
The District Court deals with indictable offences
transferred to it from the Magistrates' Court. Indictable
offences are criminal offences triable on indictment
before a Judge alone or with a jury. A District Court
Judge sits alone without a jury.
The District Court may try all serious criminal cases
except murder, manslaughter and rape. The maximum term
of imprisonment it can impose is 7 years.
If the accused pleads guilty, the Court will hear
any mitigation and pass sentence on the same day unless
the Court orders various reports to be sought. If so,
the Court will adjourn the case to another date for
sentence. If the accused pleads not guilty, the Court
will fix a date for trial if the case is ready.
An accused can choose to act in person or, much more
commonly, to engage a lawyer. If the services of a legal
practitioner in private practice are beyond his means,
an accused may seek legal aid. Those accused who act
in person need to prepare their case very carefully
before trial. This includes the summoning of their witnesses,
if any, and they may approach the District Court Registry
to obtain the form for summoning witnesses.
The trial judge has the final decision as to whether
a case is conducted in Chinese or English.
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An accused on bail or in custody can apply for legal
aid. Those on bail may apply direct to the Director
of Legal Aid, 24/F, Queensway Government Offices, 66
Queensway, Hong Kong (Tel: 2537 7677). Those in custody
should contact the Welfare Officer in the institution
where they are being held. |
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If an accused is not satisfied with the Court's decision,
an appeal may be made to the Court of Appeal of the
High Court within 28 days from the date of sentence.
For further information, please contact the District
Court Registry.
Such an appeal may be against conviction, or sentence,
or against both conviction and sentence. While an appeal
against sentence may result in the sentence being reduced,
it should be noted that the Court of Appeal of the High
Court may also increase the sentence.
The Court of Appeal may dismiss or allow the appeal.
If either party is still not satisfied with the decision
of the Court of Appeal, an application for leave to
appeal to the Court of Final Appeal may be lodged. |
The most common types of civil action that the District
Court deals with are:
- contract
- quasi-contract
- tort (including personal injuries claims)
- recovery of land or premises
- claims in equity such as administration of estate
of a deceased person, trust, mortgage, specific performance,
maintenance of infant, dissolution of partnership,
relief against fraud or mistake
- distress
- employees' compensation cases (there is no limit
on the amount claimed)
- sex discrimination, disability and family status
discrimination cases
- matrimonial cases including divorce, maintenance,
custody and adoption of children (the court which
handles these types of cases is also known as the
Family Court)
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For a contract, quasi-contract or tort claim to be
handled by the District Court rather than the Court
of First Instance of the High Court, it must be for
an amount over $50,000 but not more than $1 million.
Even where your claim does not exceed $1 million, if
the defendant counterclaims for over $1 million, the
claim and the counterclaim or just the counterclaim
may be transferred to the Court of First Instance of
the High Court. For good reasons, the District Court
may continue to handle the claim when the counterclaim
exceeds $1 million, but a report has to be made to the
High Court and the High Court may transfer the case.
Note that if your claim exceeds $1 million, you may
still start the action in the District Court provided
you abandon the excess. [Equally, if the counterclaim
exceeds $1 million, you may waive the excess.] This
can be a very practical strategy when the excess is
small, since the litigation cost at the Court of First
Instance is usually higher than that of the District
Court. |
The District Court deals with buildings or premises
the annual rent or rateable value or the annual value
of which does not exceed $240,000. However, in most
tenancy cases where possession of the premises is claimed
when the terms of the tenancy has expired, or when the
tenant is in breach of the terms of the tenancy, application
for possession may also be issued in the Lands Tribunal. |
Generally speaking,
- where proceedings
do not relate to land, the maximum value involved
shall not exceed $1 million
- where proceedings do relate to land, the maximum
value involved shall not exceed $3 million; and further,
for proceedings for the recovery of land or relating
to the title to land, the rateable value of the land
must not exceed $240,000
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If you merely want to recover arrears of rent and not
the possession of the premises, there is a special procedure
known as "distress", whereby the Court makes
an order directing the goods of the tenant to be seized
by the bailiff. If the tenant still fails to pay the
rent, the goods will be sold and the proceeds applied
towards the outstanding rent.
The application form and pro forma affidavit can be
obtained from the District Court Registry. You can complete
the preliminary procedure by returning the completed
forms to the District Court Registry. The Court will
inform you when execution has been levied.
However, if you are claiming more than 12 months'
rent, you cannot use the distress procedure. Use instead
the normal procedure for suing for breach of contract.
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There are three ways for you to start a civil action:
- engage a lawyer
- seek legal aid (for details please refer to the "How to apply for legal aid in civil
cases" pamphlet which is available at all courts, the
Legal Aid Department and Public Enquiry Service Centres
of District Offices)
- do it yourself
Note that certain types of individual, e.g. infants,
mentally disabled persons and the estate of a deceased
person, can commence an action only by an appropriate
representative.
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Civil actions in the District Court can be commenced
in one of the following modes:
- Writ of summons
- Originating summons
The relevant forms can be found in Appendix A of the
Rules of the District Court, Chapter 336 of the Laws
of Hong Kong.
Since the most common mode for commencing an action
is the Writ of Summons, this is outlined below.
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A Writ of Summons (Form No.1) must be used to commence
an action based on contract, quasi-contract, tort (other
than trespass to land), fraud, breach of duty where
the damages consist of or include damages for death
of or personal injuries to any person, or in respect
of damage to property and generally for all actions
which would involve a substantial dispute of facts. |
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A writ of summons (Form No.1)
and the accompanying acknowledgement of service (Form No.14)
can be obtained at the District Court Registry. Fill out Form 1, setting out an endorsement of
claim, e.g. a concise statement of the nature of your claim, or a statement of claim setting
out in details the legal basis of your claim together with the facts you are relying on and
the relief and remedy you are claiming. Forms can be completed in Chinese or English. (If you only attach an endorsement of claim, a statement of claim has to be filed and served on the defendant within 14 days after the defendant has acknowledged service.)
When you file the Writ, you will be asked to pay a
filing fee at the Accounts Office of the District Court.
You will then return the completed forms to the Registry.
One copy of the form will be returned to you for reference.
It is your responsibility to serve the writ and the accompanying
acknowledgement of service on the defendant. If the defendant is
in Hong Kong, this can be done by personal service, by registered post,
or by inserting the documents through the letter box of the defendant at
his usual or last known address. In an action for recovery of possession
of land, you must also post up a copy of the writ at the entrance of the
premises in question. (Please see the
"Bailiff's Office" booklet regarding action for recovery
of possession of land.) |
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When the defendant is served with the Writ and the
acknowledgement of service (Form 14), he must fill in
the Form No. 14 to indicate if he wishes to defend the
action, and file it with the Registry within 14 days.
Any defence must be filed within 14 days after the time
limit for acknowledgement of service expires. The defence
must explain why the defendant is disputing your claim
and it may include a counterclaim against you. |
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If the defendant does not file Form No. 14 or a defence
within time, you can apply to the Court for judgment
on your claim. In such a case, a full trial is not required.
You may enter judgment for the amount claimed and
costs, if the claim is for debt or for liquidated damages,
e.g. where the amount of the claim is fixed and ascertainable,
for example, action on a cheque.
Interlocutory judgment will be entered instead if
you are claiming for unliquidated damages, e.g. where
the amount of damages has to be assessed by the court,
for example, for loss of profits or damages for injury
to person or property. However, in this case you will
have to appear in Court so that a Judge can assess the
amount of damages you are entitled to. |
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As plaintiff, you may file a reply to a defence within
14 days, setting out additional facts in answer to it.
If the defendant files a counterclaim, you will have
to file a defence to it within 14 days if you wish to
dispute it. The defendant can enter judgment in default
of defence to counterclaim if you fail to do so within
time. Note that as far as the counterclaim is concerned,
you become a defendant.
There are no prescribed forms for a reply or defence
to a counterclaim and you should combine the reply and
any defence to the counterclaim in one single document.
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A memorandum of agreed directions as to the further
conduct of the proceedings may be signed by the parties
and filed within 14 days after the close of pleadings
- the statement of claim, defence and / or the counterclaim
as well as plaintiff's reply and / or defence to the
counterclaim. If such a memorandum is not filed within
those 14 days, you may, within 21 days after pleadings
are closed, issue a summons for directions seeking the
orders necessary for the conduct of the trial. These
summonses are usually heard by a Master.
If upon the expiry of 21 days after the close of pleadings,
no memorandum of agreed directions or summons for directions
has been filed or issued, the automatic directions listed
in order 23A of the Rules of District will take effect
and both parties shall comply with these directions.
For more details on how to disclose documents and exchange
witness statement, please refer to "How to prepare for a Hearing or
Trial" booklet. |
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You will have to apply for a pre-trial review within
the prescribed period or the period fixed by the direction.
Failing this, the defendant may apply for a pre-trial
review or he may apply to the Court to dismiss your
action for want of prosecution.
A pre-trial review will be conducted without an oral
hearing unless an oral hearing is ordered by the Court
on its own motion or requested by written notice by
any of the parties.
At the pre-trial review, if the Court is not satisfied
that the action is ready for trial, it may give directions
and orders to get the action ready for trial.
If the Court is satisfied that the case is ready for
trial, it may grant leave for the action to be set down
or fix a date for trial. Once the court has fixed the
date, you will be notified in writing.
Both parties should carefully bear the trial date
in mind and wait for trial. However, if either party
intends to call witnesses, their attendance must be
secured well in advance (preferably 3 weeks prior to
the trial date). If necessary, this can be done, by
issuing a writ of subpoena - e.g. a witness summon (see
Forms No. 28 or 29 in Appendix A of the Rules of the
District Court, Chapter 336 of the Laws of Hong Kong).
The appropriate office for issuing such writ is the
Registry of the District Court. Every writ of subpoena
should be accompanied by a deposit covering the witness's
reasonable expenses. |
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Both parties should attend Court punctually on the
trial date, bringing along relevant original documents
and photocopies for the judge and the other party if
necessary. Your witnesses should come with you. Check
the notice board on the ground floor lobby or the Enquiry
Counter on the 6th floor to find out which court is
hearing your case.
At the trial, the Court will hear the evidence of
witnesses and the submissions of the parties.
The Court may adjourn the case to another date if
further information and/or evidence are needed. The
Court may deliver judgment at the end of the trial or
deliver/hand down the judgment at a later date.
If the parties are willing to settle, the Court will
make the settlement an order of the Court.
If you and the other party settle the case amicably
before the trial, you may file a notice to discontinue
the case, or file a consent application setting out
your agreement. You may also apply to the Court at the
trial to have the terms of settlement made an order
of the Court. |
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Generally speaking, if you are not satisfied with the
decision of a Master, you may appeal against it to a
Judge in chambers. You must do so by way of a notice
within 14 days after the decision. For certain matters,
e.g. judgments or orders made by a Master after the
examination of a judgment debtor or judgments made summarily
in actions arising out of a hire-purchase agreement,
or assessment of damages, the appeal should be made
to the Court of Appeal. For such cases, the application
for leave to appeal must be made to the Master or the
Court of Appeal not later than 14 days after the judgment
or order was sealed or perfected.
If you are not satisfied with the decision of a Judge,
you may apply to the Judge within 28 days (14 days for
interlocutory orders or summary judgments) from the
date of the decision for leave to appeal to the Court
of Appeal of the High Court.
If the trial Judge refuses to grant leave to appeal,
you may apply within 14 days of the date of refusal
to the Court of Appeal for leave to appeal. The Court
of Appeal may grant leave on such terms as to costs,
security, etc. as it thinks fit.
If you are not satisfied with the decision of the
Court of Appeal, you may seek leave to appeal to the
Court of Final Appeal. |
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If, after you have obtained a judgment, the judgment
debtor fails to obey the order, you may apply to the
Court for a Writ to enforce the judgment. The Bailiff
will "levy execution" to recover the judgment
debt by seizing goods and chattels of the judgment debtor
to cover the money owed to you or to recover possession
of property for you.
Contact the District Court Registry for information
if you want to apply for the Bailiff's service. You
may also refer to the "Bailiff's Office" booklet
available from the District Court Registry or the Bailiff
Office.
There are other modes of execution and we could not
include all the details. Please read the Rules of the
District Court or to consult the Litigants in Person
Centre at the High Court Building. |
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- Waiting time in the District Court:
- Criminal cases: 100 days from the date of first
appearance of the accused to trial
- Civil cases: 120 days from the date of listing to
hearing
- Wherever possible, the Judiciary will reply at
once to correspondence from members of the public.
In any case, we will give you an interim reply within
10 days and a full response within 30 days of receiving
a letter.
- If you wish to enquire about the rules and practice
of the District Court, you may contact the Litigants
in Person Centre at the High Court, 38 Queensway,
Hong Kong. (A hot line to the Centre is set up at
the Registry of the District Court).
- We welcome all comments and suggestions for improving
our services. Please send them to the Judiciary Administrator
at the High Court, 38 Queensway, Hong Kong.
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| Monday to Friday |
9:00 a.m. to 1:00 p.m. |
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2:00 p.m. to 5:00 p.m. |
| Saturday |
9:00 a.m. to 12:00 noon |
- The judiciary proceedings in the District Court will
be adjourned and the Registry / Accounts Office will be closed when tropical
cyclone signal No. 8 or a black rainstorm warning is issued.
- The Court will resume hearing and the Registry / Accounts
Office will open as usual in the morning if such signal or warning is cancelled
before 6:00 a.m.
- The Court will resume hearing and the Registry / Accounts
Office will open at 2 p.m. only if such signal or warning is cancelled between
6:00 a.m. and 10:00 a.m.
- The judicial proceedings will remain adjourned and the
Registry / Accounts Office will remain closed for the whole day of such signal
or warning is cancelled after 10:00 a.m.
- If a District Court case in which you are involved is
affected by a tropical cyclone or rainstorm warning, you should listen to
announcements on the radio and television about resumption of hearings and
opening of the Registry / Accounts Office. You may also call the District Court
Registry to make enquiries.
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- Legal proceedings should always be thought of as
a last resort. It is advisable to make every effort
to settle a dispute by agreement.
- Even where you cannot reach agreement with the
other party, it may still not be worth your while
to begin an action. Always consider the unavoidable
element of hostility; the chance that your action
may not succeed; the time consumed; the inevitable
mental and physical strain; the legal costs; and whether
the defendant has sufficient assets to pay you if
you do win the case.
- You should also note that in some cases, legal
procedures are considerably more complicated than
the basic procedures described in this general reference
booklet. It is thus always advisable to seek the help
of a legal practitioner, whether through legal aid
or otherwise.
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To provide information and assistance on court rules
and procedures to unrepresented litigants, who are parties
to, or about to commence, civil proceedings in the High
Court or the District Court.
- Reception and general enquiries counter
- Videos on court procedures
- Brochures on civil proceedings
- Frequently asked questions
- Sample court forms
- Computer facilities
- Dedicated webpage
- Oaths and declaration services
| Monday to Friday |
8:45 a.m. to 1:00 p.m. |
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2:00 p.m. to 6:00 p.m. |
| Closed on Saturdays, Sundays and Public
Holidays |
The staff of the Resource Centre are happy to assist
you with enquiries on court procedures, but they will
not provide any legal advice or offer any comment or
assistance on the conduct of specific court cases and
proceedings.
Assistance on matrimonial, lands and employees' compensation
matters and probate applications will continue to be provided
by the respective registries.
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