Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 24

DISCOVERY AND INSPECTION OF DOCUMENTS

(Past version on 01/08/2003).
(Past version on 20/06/2003).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

1. Mutual discovery of documents (O. 24, r. 1)

(1) After the close of pleadings in an action begun by writ there shall,
subject to and in accordance with the provisions of this Order, be discovery
by the parties to the action of the documents which are or have been in their
possession, custody or power relating to matters in question in the action.

(2) Nothing in this Order shall be taken as preventing the parties to an
action agreeing to dispense with or limit the discovery of documents which
they would otherwise be required to make to each other.

2. Discovery by parties without order (O. 24, r. 2)

(1) Subject to the provisions of this rule and of rule 4, the parties to an
action between whom pleadings are closed must make discovery by exchanging
lists of documents and, accordingly, each party must, within 14 days after the
pleadings in the action are deemed to be closed as between him and any other
party, make and serve on that other party a list of the documents which are or
have been in his possession, custody or power relating to any matter in
question between them in the action. (L.N. 157 of 2003 and L.N. 199 of 2003)
Without prejudice to any directions given by the Court under Order 16, rule 4,
this paragraph shall not apply in third party proceedings, including
proceedings under that Order involving fourth or subsequent parties.

(2) Unless the Court otherwise orders, a defendant to an action arising out of
an accident on land due to a collision or apprehended collision involving a
vehicle shall not make discovery of any documents to the plaintiff under
paragraph (1).

(3) Paragraph (1) shall not be taken as requiring a defendant to an action for
the recovery of any penalty recoverable by virtue of any written law to make
discovery of any documents.

(4) Paragraphs (2) and (3) shall apply in relation to a counterclaim as they
apply in relation to an action but with the substitution, for the reference in
paragraph (2) to the plaintiff, of a reference to the party making the
counterclaim.

(5) On the application of any party required by this rule to make discovery of
documents, the Court may-

   (a)  order that the parties to the action or any of them shall make
        discovery under paragraph (1) of such documents or classes of
        documents only, or as to such only of the matters in question, as may
        be specified in the order, or

   (b)  if satisfied that discovery by all or any of the parties is not
        necessary, or not necessary at that stage of the action, order that
        there shall be no discovery of documents by any or all of the parties
        either at all or at that stage; and the Court shall make such an order
        if and so far as it is of opinion that discovery is not necessary
        either for disposing fairly of the action or for saving costs.

(6) An application for an order under paragraph (5) must be by summons, and
the summons must be taken out before the expiration of the period within which
by virtue of this rule discovery of documents in the  action is required to be
made.

(7) Any party to whom discovery of documents is required to be made under this
rule may, at any time before the case management summons in the  action is
taken out, serve on the party required to make such discovery a notice
requiring him to make an affidavit verifying the list he is required to make
under paragraph (1), and the party on whom such a notice is served must,
within 14 days after service of the notice, make and file an affidavit in
compliance with the notice and serve a copy of the affidavit on the party by
whom the notice was served. (L.N. 152 of 2008)

3. Order for discovery (O. 24, r. 3)

(1) Subject to the provisions of this rule and of rules 4 and 8, the Court may
order any party to a cause or matter (whether begun by writ,
originating summons or otherwise) to make and serve on any other party a list
of the documents which are or have been in his possession, custody or power
relating to any matter in question in the cause or matter, and may at the same
time or subsequently also order him to make and file an affidavit verifying
such a list and to serve a copy thereof on the other party. (L.N. 157 of 2003
and L.N. 199 of 2003)

(2) Where a party who is required by rule 2 to make discovery of documents
fails to comply with any provision of that rule, the Court, on the application
of any party to whom the discovery was required to be made, may make an order
against the first-mentioned party under paragraph

(1) of this rule or, as the case may be, may order him to make and file an
affidavit verifying the list of documents he is required to make under rule 2
and to serve a copy thereof on the applicant.

(3) An order under this rule may be limited to such documents or classes of
document only, or to such only of the matters in question in the cause or
matter, as may be specified in the order.

4. Order for determination of issue, etc., before discovery (O. 24, r. 4)

(1) Where on an application for an order under rule 2 or 3 it appears to
the Court that any issue or question in the cause or matter should be
determined before any discovery of documents is made by the parties, the Court
may order that that issue or question be determined first.

(2) Where in an action begun by writ an order is made under this rule for the
determination of an issue or question, Order 25, rules 2 to 7, shall, with the
omission of so much of rule 7(1) as requires parties to serve a notice
specifying the orders and directions which they desire and with any other
necessary modifications, apply as if the application on which the order was
made were a case management summons. (L.N. 152 of 2008)

5. Form of list and affidavit (O. 24, r. 5)

(1) A list of documents made in compliance with rule 2 or with an order under
rule 3 must be in Form No. 26 in Appendix A, and must enumerate the documents
in a convenient order and as shortly as possible but describing each of them
or, in the case of bundles of documents of the same nature, each bundle,
sufficiently to enable it to be identified.

(2) If it is desired to claim that any documents are privileged from
production, the claim must be made in the list of documents with a sufficient
statement of the grounds of the privilege.

(3) An affidavit made as aforesaid verifying a list of documents must be in
Form No. 27 in Appendix A.

6. Defendant entitled to copy of co-defendant's list (O. 24, r. 6)

(1) A defendant who has pleaded in an action shall be entitled to have a copy
of any list of documents served under any of the foregoing rules of this Order
on the plaintiff by any other defendant to the action; and a plaintiff against
whom a counterclaim is made in an action begun by writ shall be entitled to
have a copy of any list of documents served under any of those rules on the
party making the counterclaim by any other defendant to the counterclaim.

(2) A party required by virtue of paragraph (1) to supply a copy of a
list of documents must supply it free of charge on a request made by the party
entitled to it.

(3) Where in an action begun by originating summons the Court makes an order
under rule 3 requiring a defendant to the action to serve a list  of documents
on the plaintiff, it may also order him to supply any other defendant to
the action with a copy of that list.

(4) In this rule "list of documents" (文件清單) includes an affidavit
verifying a list of documents.

7. Order for discovery of particular documents (O. 24, r. 7)

(1) Subject to rule 8, the Court may at any time, on the application of any
party to a cause or matter, make an order requiring any other party to make an
affidavit stating whether any document specified or described in the
application or any class of document so specified or described is, or has at
any time been, in his possession, custody or power, and if not then in his
possession, custody or power when he parted with it and what has become of it.
(L.N. 157 of 2003 and L.N. 199 of 2003)

(2) An order may be made against a party under this rule notwithstanding that
he may already have made or been required to make a list of documents or
affidavit under rule 2 or rule 3.

(3) An application for an order under this rule must be supported by an
affidavit stating the belief of the deponent that the party from whom
discovery is sought under this rule has, or at some time had, in his
possession, custody or power the document, or class of document, specified or
described in the application and that it relates to one or more of the matters
in question in the cause or matter.

7A. Application under section 41 or 42(1) of the Ordinance (O. 24, r. 7A)

(1) An application for an order under section 41 of the Ordinance for the
disclosure of documents before the commencement of proceedings shall be made
by originating summons (in Form No. 10 in Appendix A) and the person against
whom the order is sought shall be made defendant to the summons. (L.N. 404 of
1991)

(2) An application after the commencement of proceedings for an order under
section 42(1) of the Ordinance for the disclosure of documents by a person who
is not a party to the proceedings shall be made by summons, which must be
served on that person personally and on every party to the proceedings other
than the applicant.

(3) A summons under paragraph (1) or (2) shall be supported by an affidavit
which must-

   (a)  in the case of a summons under paragraph (1), state the grounds on
        which it is alleged that the applicant and the person against whom the
        order is sought are likely to be parties to subsequent proceedings in
        the  Court of First Instance; (25 of 1998 s. 2)

   (b)  in any case, specify or describe the documents in respect of which the
        order is sought and show, if practicable by reference to any pleading
        served or intended to be served in the proceedings, that the documents
        are relevant to an issue arising or likely to arise in the proceedings
        and that the person against whom the order is sought is likely to have
        or have had them in his possession, custody or power. (L.N. 152 of
        2008)

(3A) In the case of a summons under paragraph (1), paragraph (3)(b)
shall be construed as if for the word "relevant", there were substituted the
words "directly relevant (within the meaning of section 41 of the Ordinance)".
(L.N. 152 of 2008)

(4) A copy of the supporting affidavit shall be served with the summons on
every person on whom the summons is required to be served.

(5) An order under section 41 or 42(1) for the disclosure of documents may be
made conditional on the applicant's giving security for the costs of the
person against whom it is made or on such other terms, if any, as the Court
thinks just, and shall require the person against whom the order is made to
make an affidavit stating whether any documents specified or described in the
order are, or at any time have been, in his possession, custody or power and,
if not then in his possession, custody or power, when he parted with them and
what has become of them.

(6) No person shall be compelled by virtue of such an order to produce any
documents which he could not be compelled to produce-

   (a)  in the case of a summons under paragraph (1), if the subsequent
        proceedings had already been begun; or

   (b)  in the case of a summons under paragraph (2), if he had been served
        with a writ of subpoena duces tecum to produce the documents at the
        trial.

(7) (Repealed L.N. 152 of 2008)

(8) For the purposes of rules 10 and 11 an application for an order under
section 41 or 42(1) shall be treated as a cause or matter between the
applicant and the person against whom the order is sought.

8. Discovery to be ordered only if necessary (O. 24, r. 8)

(1) On the hearing of an application for an order under rule 3 or 7 the Court,
if satisfied that discovery is not necessary, or not necessary at that stage
of the cause or matter, may dismiss or, as the case may be, adjourn the
application and shall in any case refuse to make such an order if and so far
as it is of opinion that discovery is not necessary either for disposing
fairly of the cause or matter or for saving costs. (L.N. 152 of 2008)

(2) No order for the disclosure of documents shall be made under section 41 or
42 of the Ordinance, unless the Court is of opinion that the order is
necessary either for disposing fairly of the cause or matter or for saving
costs. (L.N. 152 of 2008)

9. Inspection of documents referred to in list (O. 24, r. 9)

A party who has served a list of documents on any other party, whether in
compliance with rule 2 or with an order under rule 3, must allow the other
party to inspect the documents referred to in the list (other than any which
he objects to produce) and to take copies thereof and, accordingly, he must
when he serves the list on the other party also serve on him a notice stating
a time within 7 days after the service thereof at which the said documents may
be inspected at a place specified in the notice.

10. Inspection of documents referred to in pleadings and affidavits (O. 24, r.
10)

(1) Any party to a cause or matter shall be entitled at any time to serve a
notice on any other party in whose pleadings, affidavits or witness statements
served under Order 38, rule 2A, or experts' reports, reference is made to any
document requiring him to produce that document for the inspection of the
party giving the notice and to permit him to take copies thereof. (L.N. 223 of
1995; L.N. 383 of 1996)

(2) The party on whom a notice is served under paragraph (1) must, within 4
days after service of the notice, serve on the party giving the notice a
notice stating a time within 7 days after the service thereof at which the
documents, or such of them as he does not object to produce, may be inspected
at a place specified in the notice, and stating which (if any) of the
documents he objects to produce and on what grounds.

11. Order for production for inspection (O. 24, r. 11)

(1) If a party who is required by rule 9 to serve such a notice as is therein
mentioned or who is served with a notice under rule 10(1)-

   (a)  fails to serve a notice under rule 9 or, as the case may be, rule
        10(2), or

   (b)  objects to produce any document for inspection, or

   (c)  offers inspection at a time or place such that, in the opinion of
        the Court, it is unreasonable to offer inspection then or, as the case
        may be, there, then, subject to rule 13(1), the Court may, on the
        application of the party entitled to inspection, make an order for
        production of the documents in question for inspection at such time
        and place, and in such manner, as it thinks fit.

(2) Without prejudice to paragraph (1), but subject to rule 13(1), the Court
may, on the application of any party to a cause or matter, order any other
party to permit the party applying to inspect any documents in the possession,
custody or power of that other party relating to any matter in question in the
cause or matter.

(3) An application for an order under paragraph (2) must be supported by an
affidavit specifying or describing the documents of which inspection is sought
and stating the belief of the deponent that they are in the possession,
custody or power of the other party and that they relate to a matter in
question in the cause or matter.

11A. Provision of copies of documents (O. 24, r. 11A)

(1) Any party who is entitled to inspect any documents under any provision of
this Order or any order made thereunder may at or before the time when
inspection takes place serve on the party who is required to produce such
documents for inspection a notice (which shall contain an undertaking to pay
the reasonable charges) requiring him to supply a true copy of any such
document as is capable of being copied by photographic or similar process.

(2) The party on whom such a notice is served must within 7 days after receipt
thereof supply the copy requested together with an account of the reasonable
charges.

(3) Where a party fails to supply to another party a copy of any document
under paragraph (2), the Court may, on the application of either party, make
such order as to the supply of that document as it thinks fit.

11B. (Added L.N. 157 of 2003 and repealed L.N. 199 of 2003)

12. Order for production to Court (O. 24, r. 12)

(1) At any stage of the proceedings in any cause or matter the  Court may,
subject to rule 13(1), order any party to produce to the Court any document in
his possession, custody or power relating to any matter in question in the
cause or matter and the Court may deal with the document when produced in such
manner as it thinks fit. (L.N. 157 of 2003 and L.N. 199 of 2003)

(2) (Added L.N. 157 of 2003 and repealed L.N. 199 of 2003)

13. Production to be ordered only if necessary, etc. (O. 24, r. 13)

(1) No order for the production of any documents for inspection or to
the Court or for the supply of a copy of any document shall be made under any
of the foregoing rules unless the Court is of opinion that the order is
necessary either for disposing fairly of the cause or matter or for saving
costs.

(2) Where on an application under this Order for production of any document
for inspection or to the Court or for the supply of a copy of any document
privilege from such production or supply is claimed or objection is made to
such production or supply on any other ground, the Court may inspect the
document for the purpose of deciding whether the claim or objection is valid.

14. Production of business books (O. 24, r. 14)

(1) Where production of any business books for inspection is applied for under
any of the foregoing rules, the Court may, instead of ordering production of
the original books for inspection, order a copy or any entries therein to be
supplied and verified by an affidavit of some person who has examined the copy
with the original books.

(2) Any such affidavit shall state whether or not there are in the original
book any and what erasures, interlineations or alterations.

(3) Notwithstanding that a copy of any entries in any book has been supplied
under this rule, the Court may order production of the book from which the
copy was made.

14A. Use of documents (O. 24, r. 14A)

Any undertaking, whether express or implied, not to use a document for any
purposes other than those of the proceedings in which it is disclosed shall
cease to apply to such document after it has been read to or by the  Court, or
referred to, in open court, unless the Court for special reasons has otherwise
ordered on the application of a party or of the person to whom the document
belongs.

15. Document disclosure of which would be injurious to public interest: saving
(O. 24, r. 15)

The foregoing provisions of this Order shall be without prejudice to any rule
of law which authorizes or requires the withholding of any document on the
ground that the disclosure of it would be injurious to the public interest.

15A. Order for limiting discovery
(O. 24, r. 15A)

For the purpose of managing the case in question and furthering any of the
objectives specified in Order 1A, the Court may make any one or more of the
following orders-

   (a)  an order limiting the discovery of documents which the parties to the
        case would otherwise be required to make to each other under rule
        1(1);

   (b)  an order directing that the discovery of documents required to be made
        under this Order to any party to the case shall, notwithstanding
        anything in this Order, be made in the manner specified in the order;
        and

   (c)  an order directing that documents which may be inspected under this
        Order shall, notwithstanding anything in rule 9 or 10, be inspected at
        a time or times specified in the order. (L.N. 152 of 2008)

16. Failure to comply with requirement for discovery, etc. (O. 24, r. 16)

(1) If any party who is required by any of the foregoing rules, or by any
order made thereunder, to make discovery of documents or to produce any
documents for the purpose of inspection or any other purpose or to supply
copies thereof fails to comply with any provision of that rule or with that
order, as the case may be, then, without prejudice, in the case of a failure
to comply with any such provision, to rules 3(2) and 11(1), the Court may make
such order as it thinks just including, in particular, an order that
the action be dismissed or, as the case may be, an order that the defence be
struck out and judgment be entered accordingly.

(2) If any party against whom an order for discovery or production of
documents is made fails to comply with it, then, without prejudice to
paragraph (1), he shall be liable to committal.

(3) Service on a party's solicitor of an order for discovery or production of
documents made against that party shall be sufficient service to found an
application for committal of the party disobeying the order, but the party may
show in answer to the application that he had no notice or knowledge of the
order.

(4) A solicitor on whom such an order made against his client is served and
who fails without reasonable excuse to give notice thereof to his client shall
be liable to committal.

17. Revocation and variation of orders (O. 24, r. 17)

Any order made under this Order (including an order made on appeal) may, on
sufficient cause being shown, be revoked or varied by a subsequent order or
direction of the Court made or given at or before the trial of the cause or
matter in connection with which the original order was made. (Enacted 1988)

"list of documents" (文件清單)