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The District Court    pdf version (419KB)       Information available           Download Forms

 

THE DISTRICT COURT

The District Court has both criminal and civil jurisdiction.

1) Criminal 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.

Flow Chart for Criminal Proceedings

The District Court Flow Chart for Criminal Proceedings

 

Legal Aid

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.

 

Appeal

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.

 

2) Civil Jurisdiction

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)

 

Claims for Contract, Quasi-contract and Tort

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.

 

Claims for Possession of Land or Premises

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.

 

Claims under Equity Jurisdiction

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

 

Claims for Arrears of Rent Only

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.

 

Divorce

Guidance on filing a petition for divorce can be found in the "How to Apply for a Divorce" booklet.

 

How to Start a Civil Action?

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.

 

Mode of starting an action

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.

 

Writ of Summons

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.

 

Procedure for Filing of Writ of Summons

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.)

 

Acknowledgement of Service by the Defendant

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.

 

What happens if the defendant does not file an acknowledgement of service or a defence?

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.

 

What happens if the defendant files a defence / counterclaim?

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.

 

Agreed Directions or Summons for Directions

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.

 

Pre-trial Review and Fixing Date for Trial

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.

 

Trial Hearing

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.

 

Appeal

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.

 

Execution of Judgment

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.

 

Performance Pledge

  • 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.

How to contact us?

Business Hours

Registry and Accounts Office

Monday to Friday 9:00 a.m. to 1:00 p.m.
  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.

 

Before You Consider Legal Proceedings

  • 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.

 

Resource Centre for Unrepresented Litigants

Objective

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.

Facilities and Services

  • 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

Opening Hours

Monday to Friday 8:45 a.m. to 1:00 p.m.
  2:00 p.m. to 6:00 p.m.
Closed on Saturdays, Sundays and Public Holidays

Please note:

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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