### District Court Ordinance 《區域法院條例》

38. Jurisdiction under the Married Persons Status Ordinance
The Court has the jurisdiction and powers of the Court of First Instance conferred by section 6 of the Married Persons Status Ordinance (Cap. 182).
(Replaced 28 of 2000 s. 23)

38A. Execution of instruments by order of the Court
(1) Subsection (2) applies where—
(a) the Court has given or made a judgment or order directing a person to—
(i) execute any conveyance, contract or other document; or
(ii) endorse any negotiable instrument; and
(b) that person—
(i) neglects or refuses to comply with the judgment or order; or
(ii) cannot, after reasonable inquiry, be found.
(2) The Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document is to be executed, or that the negotiable instrument is to be endorsed, by such person as the Court may nominate for that purpose.
(3) A conveyance, contract, document or instrument executed or endorsed in accordance with subsection (2) has the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.
(4) Nothing in this section abridges the powers of the Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.
(Added 3 of 2008 s. 35)

39. Counterclaims
In sections 32 to 37, references to an action or proceeding are to be construed as including references to a counterclaim. 
(Replaced 28 of 2000 s. 23)

40. Saving
This Part does not affect the provisions of the Small Claims Tribunal Ordinance (Cap. 338), the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) or the Labour Tribunal Ordinance (Cap. 25) or any other Ordinance conferring exclusive jurisdiction on a court or tribunal other than the Court.
(Replaced 28 of 2000 s. 23)

### District Court Ordinance 《區域法院條例》

41. Procedure where proceedings beyond the jurisdiction of the Court are commenced in the Court
(1) The Court shall, either of its own motion or on the application of any party, order that an action or proceeding be transferred to the Court of First Instance where an action or proceeding commenced in the Court, not being a counterclaim, is outside the jurisdiction of the Court but is within the jurisdiction of the Court of First Instance.
(2) The Court may, if it thinks fit, instead of ordering that the action or proceeding be transferred, order that it be struck out where, on the application of a defendant, it appears to the Court that the plaintiff or, if more than one, one of the plaintiffs knew or ought to have known that the Court had no jurisdiction.
(3) If a defendant in an action or proceeding within the jurisdiction of the Court makes a counterclaim which is not within the jurisdiction of the Court but within the jurisdiction of the Court of First Instance, the Court may, either of its own motion or on the application of any party, order—
(a) that the whole proceedings be transferred to the Court of First Instance; or
(b) that the proceedings on the counterclaim be transferred to the Court of First Instance; and the proceedings on the plaintiff’s claim, except for a defence of set-off as to the whole or a part of the subject matter of the counterclaim, be heard and determined by the Court; or
(c) where the Court considers the whole proceedings should be heard and determined in the Court, that the matter be reported to the Court of First Instance or a judge thereof.
(4) On the receipt of a report mentioned in subsection (3)(c), the Court of First Instance or a judge thereof may, as it or he thinks fit, order either—
(a) that the whole proceedings be transferred to the Court of First Instance; or
(b) that the whole proceedings be heard and determined in the Court; or
(c) that the proceedings on the counterclaim be transferred to the Court of First Instance; and the proceedings on the plaintiff’s claim, except for a defence of set-off as to the whole or a part of the subject matter of the counterclaim, be heard and determined by the Court.
(5) Where an order is made under subsection (3)(b) or subsection (4)(c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Court of First Instance or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Court of First Instance have been concluded.
(6) If no report is made under subsection (3)(c), or if on any such report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary.
(Replaced 28 of 2000 s. 23)

### District Court Ordinance 《區域法院條例》

42. Transfer of proceedings to the Court of First Instance or the Lands Tribunal
The Court may, either of its own motion or on the application of any party, order at any stage the transfer to the Court of First Instance or the Lands Tribunal of all or part of any action or proceedings before it which are within the jurisdiction of the Court of First Instance or the Lands Tribunal, as the case may be.
(Replaced 3 of 2008 s. 45)

43. Transfer to the Court from the Court of First Instance of proceedings within the jurisdiction of the Court
(1) The Court of First Instance may, either of its own motion or on the application of any party, order the transfer to the Court of all or part of an action or proceeding, other than a counterclaim, which appears to the Court of First Instance likely to be within the jurisdiction of the Court.
(2) An order may be made under this section at any stage of the proceedings of the motion of the Court of First Instance itself or on the application of any party.
(3) The Court of First Instance is required to make an order under this section unless it is of the opinion that, by reason of the importance or complexity of any issue arising in the action or proceeding, or for any other reason, the action or proceeding ought to remain in the Court of First Instance.
(Replaced 28 of 2000 s. 23)

44. Transfer to the Court from the Court of First Instance where the parties consent
(1) The Court of First Instance may, if the parties consent, order the transfer to the Court of all or part of an action or proceeding, including a counterclaim, which is outside the jurisdiction of the Court, but would have been within its jurisdiction except for the monetary limits specified in section 32, 33, 35, 36 or 37.
(2) An order may be made under this section at any stage of the proceedings.
(3) Upon a transfer under subsection (1), the Court shall have jurisdiction to hear and determine all or part of an action or proceeding, including a counterclaim, so transferred notwithstanding any enactment to the contrary.
(Replaced 28 of 2000 s. 23)