Cap. 336 sub. leg. E

District Court Suitors’ Funds Rules(Cap. 336, section 73) [22 June 1973](Format changes—E.R. 4 of 2018)Citation and Interpretation 1. Citation These rules may be cited as the District Court Suitors’ Funds Rules. 2. Interpretation In these rules, unless the context otherwise requires—Accountant (會計師) means the Judiciary Accountant;court (區域法院) means the District Court; (28 of 2000 s. 48)funds (儲存金) or funds in court (法院儲存金) means any money or securities, movable property or any part thereof standing in or to be placed to the Registrar’s account and includes boxes and other effects;ledger account (分類帳帳目) means any separate account that bears the title of a cause or matter opened or to be opened under an order or otherwise in the Registrar’s books to which any funds are credited or to be credited; (L.N. 149 of 2015)lodge in court (向法院交存) means pay or transfer into court or deposit in court, and lodgment in court (交存於法院) has a corresponding meaning;order (命令) means an order of the court and includes a judgment or decree and includes the schedule or schedules to an order; (L.N. 149 of 2015)Registrar (司法常務官) means the Registrar of the court; (28 of 2000 s. 46; L.N. 149 of 2015)title of the cause or matter (訟案或事宜的標題) means the short title of the cause or matter with reference to the record.(L.N. 149 of 2015)Lodgment of Funds in Court 3. Lodgment of funds (1) All funds to be lodged in court on any ledger account shall, unless required by any law to be dealt with in any particular way, be lodged with the Registrar who shall give to the person making the lodgment a receipt in respect thereof. (L.N. 149 of 2015)(2) When it is proposed to lodge in court any securities, movable property, boxes or other effects, the Registrar may make such inspection thereof as he thinks fit, before giving to the person making the lodgment a receipt in respect thereof.(3) Subject to paragraph (4), every receipt given in respect of any lodgment must be headed with the title of the cause or matter to which the lodgment is referable and shall contain adequate particulars as to such lodgment and shall be as nearly as may be in Form 1 in the Schedule. (L.N. 149 of 2015)(4) If money is lodged in court as funds, the receipt given in respect of the lodgment must—(a) specify the amount of money received;(b) specify the court action number to which the lodgment is referable;(c) specify the date of any order directing the lodgment;(d) specify the party making the lodgment;(e) specify the method of lodgment;(f) contain a general description of the purposes of the lodgment; and(g) be in Form 1A in the Schedule. (L.N. 149 of 2015)(5) Where the funds lodged are money the Registrar shall pay the same to an account to be called the “District Court Suitors’ Funds Account” at such bank as the Director of Accounting Services shall direct. (L.N. 16 of 1977; L.N. 453 of 1993) 4. Keeping of accounts and register (1) The Registrar shall—(a) keep appropriate ledger accounts to which all funds lodged in court which are money or securities shall be credited and any such funds withdrawn or transferred therefrom shall be debited to such accounts;(b) enter into such accounts in an appropriate manner the investment of any such funds lodged in court; and(c) enter into such accounts in an appropriate manner any dealing, other than by way of lodgment, withdrawal, transfer or investment, of such funds as the circumstances of the case require.(2) The Registrar shall—(a) keep a register of all funds lodged in court which are not money or securities;(b) enter in the register any lodgment, withdrawal, transfer, investment or other dealings of such funds; and (L.N. 149 of 2015)(c) for each entry in the register make a memorandum in the appropriate manner in the ledger accounts. 5. Annual statement of accounts (1) The Registrar shall cause to be prepared for every period of twelve months ending on the 31st day of March in each year a statement of the accounts kept under rule 4(1) which statement shall—(a) include a receipts and payments account and a statement of assets and liabilities; and(b) be signed by the Registrar.(2) (Repealed 32 of 2000 s. 23) 6. Securities (L.N. 149 of 2015)(1) All kinds of securities may be lodged in court.(2) Securities issued by companies or corporations constituted under the laws of Hong Kong, such securities being fully paid up and free from all liability, may be transferred to the Registrar by his name of office. (25 of 1998 s. 2; L.N. 149 of 2015)(3) Other securities may be placed in a box or packet and lodged with the Registrar, who shall, before taking custody of such box or packet, ensure that it is properly marked and secured and shall inspect the contents thereof in the presence of the person lodging the same. (L.N. 149 of 2015)(4) When securities are to be transferred into the name of the Registrar, the person lodging such securities shall— (L.N. 149 of 2015)(a) execute a transfer thereof and shall obtain from the Registrar an authority which shall be as nearly as may be in Form 2 in the Schedule; and(b) lodge such transfer together with the authority at the office of the company or corporation in whose books the securities are to be transferred.(5) A company or corporation at the office of which a transfer and authority under paragraph (4) has been lodged must, after registering the transfer— (L.N. 149 of 2015)(a) if the securities are not listed on a recognized stock market, forward to the Registrar a certificate in Form 3 in the Schedule, stating that the securities have been transferred as authorized; or(b) if the securities are listed on a recognized stock market, lodge in court the certificate of the securities issued in the name of office of the Registrar. (L.N. 149 of 2015)(6) On receiving a certificate under paragraph (5) the Registrar shall give to the person making the lodgment his receipt in respect thereof.(7) In this rule—recognized stock market (認可證券市場) has the meaning given by section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571). (L.N. 149 of 2015) 7. Principal money and dividend in respect of securities to be placed in books Any principal money or dividends received by the Registrar in respect of securities lodged in court shall be placed in his books, in the case of principal money to the credit to which the securities whereon such money arose were standing at the time of the receipt thereof, and in the case of dividends to the credit to which the securities whereon such dividends accrued were standing at the time of closing of the transfer books of such securities previously to the dividends becoming due.Payment, Delivery and Transfer of Funds out of Court and Other Dealings with Funds 8. Payment out of money lodged in court (1) Any money lodged in court may be paid out—(a) if the amount does not exceed $250, in cash or by cheque;(b) if the amount exceeds $250, by cheque; or(c) in respect of any amount, by payments made by the transfer of funds from the bank account of the court,and any cheque or instructions to the bank for a transfer of funds shall be signed by 2 persons as may from time to time be authorized in writing by the Registrar. (L.N. 304 of 1979; L.N. 342 of 1980)(2) Payment out in cash or by cheque must be made at the court on any day that is neither a Saturday nor a general holiday and during the opening hours of the accounts office of the court. (L.N. 149 of 2015) 9. Payment out of fund of sums to be ascertained by certificate of Registrar When an order directs any sums to be ascertained by the certificate of the Registrar and to be afterwards paid in accordance therewith, such certificate shall be as nearly as may be in Form 4 in the Schedule and the Registrar shall on the request of the persons entitled to payment pay such sum in accordance with rule 8. 10. Payment of costs When an order directs payment out of a fund in court of any costs directed to be taxed, the Registrar shall—(a) state in his certificate the name and address of the person to whom such costs are payable, which certificate shall be as nearly as may be in Form 5 in the Schedule; and(b) on the request of the persons entitled to payment, pay such sum in accordance with rule 8. 11. Payment out, transfer, etc. of fund to personal representative of person entitled to payment (1) When funds in court are by an order directed to be paid, transferred or delivered to any person named or described in an order or in a certificate of the Registrar (except to a person therein expressed to be entitled to such funds as trustee, executor or administrator, or otherwise than in his own right or for his own use), such funds or any portion thereof for the time being remaining unpaid or untransferred or undelivered may, unless the order otherwise directs, on proof of the death of such person whether on or after the date of such order or in the case of payment directed to be made to a creditor as such before the date of such order, be paid or transferred or delivered to the legal personal representatives of such deceased person or to the survivors of them.(2) If no administration has been taken out to such deceased person who has died intestate and whose assets do not exceed the value of $5,000 including the amount of the funds directed to be so paid, transferred or delivered to him, such funds may be paid, transferred or delivered to the person who being widow, child, father, mother, brother or sister of the deceased would be entitled to take out administration to his estate upon a declaration by such person in Form 6 in the Schedule.(3) When funds in court are by an order directed to be paid, transferred or delivered to any persons as legal personal representatives, such funds or any portion thereof for the time being remaining unpaid, untransferred or undelivered may, upon proof of the death of any of such representatives, whether on or after the date of such order be paid, transferred or delivered to the survivors of them.(4) No funds shall under this rule be paid, transferred or delivered out of court to the legal personal representatives of any person under any probate or letters of administration purporting to be granted at any time subsequent to the expiration of two years from the date of the order directing such payment, transfer or delivery, or in case such funds consist of interest or dividends, from the date of the last receipt of such interest or dividends. (L.N. 149 of 2015) 12. Order directing payment out, transfer etc. to describe person entitled to payment etc. (1) Every order which directs funds in court to be paid, transferred or delivered out shall set forth in full the name of every person to whom such payment, transfer or delivery is to be made unless the name is to be stated in a certificate of the Registrar and in the case of payment to a firm, it shall be sufficient to state the business name of such firm.(2) When money in court is by an order directed to be paid to any persons described in the order or in a certificate of the Registrar as co-partners, such money may be paid to any one or more of such co-partners or to the survivors of them. (L.N. 149 of 2015) 13. Order directing investment of money lodged in court (1) When money lodged in court is by an order directed to be invested, the party having the carriage of the order shall lodge with the Registrar a request in writing for the investment to be effected and the Registrar shall thereupon procure the investment of such money in the manner directed by the order.(2) An order directing investment of money lodged in court shall set forth the name or the name of the office of the person in whose name such money is directed to be invested. 14. Order directing other dealings with money lodged in court When money in court is by an order directed to be dealt with otherwise than by lodgment, withdrawal, transfer or investment, the party having the carriage of the order shall lodge with the Registrar a request in writing for the money to be dealt with in the terms of the order, and the Registrar shall thereupon act in accordance with such order. 15. Carrying over of funds to separate account When funds in court are ordered to be carried over to a separate account, the title of the account to be opened for the purpose must state the title of the cause or matter to which such funds are standing.(L.N. 149 of 2015)Investment of Money Lodged(L.N. 149 of 2015) 16. Power of Registrar to invest money (L.N. 149 of 2015)(1) The Registrar may, unless an order directs otherwise, invest any money lodged in court that is standing to the credit of any ledger account in such manner as he thinks fit and may vary at any time such investments.(2) Subject to paragraph (3), if the Registrar invests any money lodged in court that is standing to the credit of any ledger account, any dividend or interest received on such investments, or any principal money received in respect thereof, by the Registrar shall be— (L.N. 149 of 2015)(a) paid into the District Court Suitors’ Funds Account; and(b) placed in his books to the credit of the account in which the investments were standing when the dividend or interest became due or when the principal money was received.(3) Unless an order directs otherwise and subject to paragraphs (3A), (3AB), (3B) and (3C), no interest shall be credited to any money lodged in court that is standing to the credit of any ledger account if— (L.N. 157 of 2008; L.N. 149 of 2015)(a) such money is paid in court as security for costs or by way of satisfaction or amends or in compliance with an order giving leave to defend upon such payments;(b) the amount is less than $2,500;(c) such money is paid in court for payment of expenses including but not limited to watchmen’s fees, caretakers’ fees and witness expenses;(d) such money is paid in court as the proceeds of sale;(e) such money is paid in court by way of satisfaction of a judgment debt;(f) such money is paid in court in compliance with an order made under the Matrimonial Causes Ordinance (Cap. 179), the Matrimonial Proceedings and Property Ordinance (Cap. 192), the Separation and Maintenance Orders Ordinance (Cap. 16), the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188) or the Guardianship of Minors Ordinance (Cap. 13); or(g) such money is paid in court in respect of bail. (L.N. 304 of 1979)(3A) Where money is paid in court for any purpose referred to in paragraph (3)(a), interest shall be credited to the ledger account for the relevant cause or matter, beginning on the 3rd business day after the day on which the money is paid in. (L.N. 157 of 2008)(3AB) Despite paragraph (3A), if money is paid in court for any purpose referred to in paragraph (3)(a) before the commencement date, and no interest has been credited to the ledger account for the relevant cause or matter under this rule as in force immediately before the commencement date, interest must be credited to the account—(a) for money paid in more than 2 business days before the commencement date, beginning on the commencement date or, if the commencement date is not a business day, the 1st business day after the commencement date;(b) for money paid in 2 business days before the commencement date, beginning on the 1st business day after the commencement date or, if the commencement date is not a business day, the 2nd business day after the commencement date; or(c) for money paid in 1 business day before the commencement date, beginning on the 2nd business day after the commencement date or, if the commencement date is not a business day, the 3rd business day after the commencement date. (L.N. 149 of 2015)(3B) Notwithstanding paragraphs (3A) and (3AB), where money paid in court for any purpose referred to in paragraph (3)(a) is a sanctioned payment within the meaning of Order 22 of the Rules of the District Court (Cap. 336 sub. leg. H), interest shall be credited to the ledger account for the relevant cause or matter, beginning on the 28th day after the day on which the money is paid in. (L.N. 157 of 2008)(3C) Despite paragraphs (3A) and (3AB), if money paid in court for any purpose referred to in paragraph (3)(a) is a sanctioned payment within the meaning of Order 62A of the Rules of the District Court (Cap. 336 sub. leg. H), interest must be credited to the ledger account for the relevant cause or matter, beginning on the 14th day after the day on which the money is paid in. (L.N. 149 of 2015)(4) Notwithstanding paragraphs (1), (2), (3), (3A), (3AB), (3B) and (3C) and unless an order directs otherwise, the Registrar shall— (L.N. 157 of 2008; L.N. 149 of 2015)(a) invest any money lodged in court that is standing to the credit of any ledger account as compensation payable under the Employees’ Compensation Ordinance (Cap. 282), in such manner as he thinks fit; and(b) place any dividend or interest (whether simple or compound) received on such investments, or any principal money received in respect thereof, to the credit of the account in which the investments were standing when such dividend or interest became due or when the principal money was received. (L.N. 217 of 1988)(5) Interest on any money lodged in court shall not be computed on a fraction of one dollar.(6) The Registrar shall not be required to apportion any amount of interest payable on money lodged in court that is standing to the credit of any ledger account.(7) In this rule— business day (工作日) means any day other than— (a) a general holiday; (b) a Saturday; or (c) a gale warning day or black rainstorm warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); *commencement date (生效日期) means the date on which the District Court Suitors’ Funds (Amendment) Rules 2015 come into operation. (L.N. 149 of 2015)(L.N. 149 of 2015) Editorial Note: * Commencement date: 1 April 2016. 17. Surplus income The Registrar shall pay into the Treasury as soon as is practicable after the end of each financial year any sum standing in the District Court Suitors’ Funds Account over and above the amounts required by these rules to be credited to the various accounts, and such sum shall be transferred into the general revenue of Hong Kong. 18. Cost of administrating Suitors’ Funds Account The cost of administrating the various accounts required to be kept under these rules shall be defrayed out of the general revenue of Hong Kong.Evidence of Life, etc. 19. Evidence by affidavit of life or fulfilment of condition Where any person is entitled under an order to receive dividends or other periodical payments and the Registrar requires evidence of life or of the fulfilment of any conditions before payment to the person can be made, such evidence shall be furnished by affidavit.(L.N. 149 of 2015) 20. Evidence by affidavit or declaration of other matters When, in carrying into effect the directions of an order, evidence is required by the Registrar for any purposes other than those included in rule 19, he may receive and act upon an affidavit or upon a statutory declaration, and every such affidavit or statutory declaration shall be filed in court when the Registrar shall consider it necessary.Miscellaneous 21. Certificate of description and amount of funds (1) The Registrar, upon a request signed by or on behalf of a person claiming to be interested in any funds in court standing to the credit of any account specified in such request, shall, unless there is good reason for refusing, issue a certificate of the amount and description of such funds, and such certificate must refer to the state of the account at the beginning of the day of the date of the certificate, and must not include the transactions of that day.(2) The Registrar shall notify on a certificate issued under paragraph (1)—(a) the dates of any charging order affecting or of any order restraining the transfer, sale, payment, delivery out or other dealing with the funds in court to the credit of the account specified in the certificate, in respect of which order he has received notice;(b) whether such charging or restraining order affects the principal, interest or dividend that comprises the funds; and(c) the names of the persons to whom the certificate is to be issued or in whose favour such charging or restraining order has been made.(3) The Registrar may redate any certificate issued under paragraph (1) if no alteration in the amount or description of funds has been made since the issue of the certificate.(L.N. 149 of 2015) 22. Transcript of accounts in Registrar’s books Upon a request signed by or on behalf of a person claiming to be interested in funds in court, the Registrar shall, unless there is good reason for refusing—(a) issue a transcript of the account in his books specified in such request; and(b) supply such other information or issue such certificates with respect to any transactions or dealings with funds in court as may from time to time be required in any particular case. 23. (Repealed 25 of 1998 s. 2) Schedule Form 1 [rule 3(3)] ReceiptIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ). Received from the following securities (here insert particulars) or a packet marked purporting to contain (here insert list of contents), or the following movable property (here insert particulars). (Signature) Registrar. Dated this day of .(L.N. 149 of 2015)_ Form 1A [rule 3(4)] ReceiptIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ) Receipt no. Amount received Date of receipt Action no. Date of order (if applicable) Payer Purposes of payment Payment code Payment method Amount received (L.N. 149 of 2015)_ Form 2 [rule 6(4)] Authority to company or corporation to register transfer of securitiesIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ). To , Limited,Hong Kong.Please register transfer of securities Nos. of (name of company or corporation) from to the Registrar. (Signature) Registrar. Dated this day of .(L.N. 149 of 2015)_ Form 3 [rule 6(5)] Certificate of registration of securities The securities Nos. of (name of company or corporation) have this day been transferred to the Registrar as authorized. (Signature) Secretary of , Ltd. Dated this day of .(L.N. 149 of 2015)_ Form 4 [rule 9] Certificate of ascertained sumsIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ). I hereby certify that under order dated , the sums stated in the schedule subjoined hereto amounting in the whole to $ have been ascertained to be the sums payable under the said order to the persons respectively named in respect of (state purpose of payment). Dated this day of . (Signature) Registrar. Schedule Name Address (if ascertained) Amountto be paid (L.N. 149 of 2015)_ Form 5 [rule 10] Certificate of taxed costsIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ) I certify that I have taxed the bill of costs of (name of party) against (name of party) on (date of taxation) pursuant to an order by (name of judge) dated ,, and allow as follows: (Basis of costs) Solicitors’ profit costs $ Disbursements $ Costs of taxation $ Taxing fees $ Allowed at $ The above taxed costs and fees are payable to (name of payee) of (address of payee) out of the funds in court. (Signature) Registrar Dated this day of ,.(L.N. 149 of 2015)_ Form 6 [rule 11(2)] DeclarationIn the District Court ofthe Hong Kong Special Administrative Region (Title of cause or matter. No. of ). I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next of kin of (name of deceased) and that I am entitled to take out administration to his estate and to receive the sum of $ directed to be paid to him by the order dated the .And I further declare that the total value of the assets of the deceased including the above sum does not exceed $5,000, and I certify that the death-bed and funeral expenses of the deceased have been paid; and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Ordinance (Cap. 11). (Signature of applicant) Declared at Before me this day of . (Signature) Person authorizedby law to take and receivethe declaration under theOaths and DeclarationsOrdinance (Cap. 11) (47 of 1997 s. 10; L.N. 149 of 2015)