### District Court Ordinance 《區域法院條例》

70. Solicitors
A solicitor admitted to practise in the High Court is an officer of the Court and subject to its jurisdiction to the same extent as in the Court of First Instance.
(Replaced 28 of 2000 s. 39)

71. Protection of judges
(1) No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court.
(2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action.
(3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge.
(4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment.
(22 of 1962 s. 47 incorporated)

71A. Registrar may apply for order
The Registrar may, in case of doubt or difficulty, apply summarily to the Court for an order for the direction and guidance of a bailiff, and the Court may make such order in the matter as may seem just and reasonable.
(Added 28 of 2000 s. 40)

71B. Protection of Registrar
(1) No action shall be brought against the Registrar for—
(a) any act done or omitted to be done by any bailiff without directions from the Registrar; or
(b) any direction given to any bailiff with regard to the execution or non-execution of process if—
(i) such directions are in accordance with an order from the Court under section 71A; and
(ii) no material fact is wilfully misrepresented or suppressed by the Registrar.
(2) In this section, Registrar (司法常務官) includes a Master.
(Added 28 of 2000 s. 40)

### District Court Ordinance 《區域法院條例》

72. Rules of court
(1) The Rules Committee may make rules of court regulating and prescribing—
(a) the procedure, including the method of pleading in the Court;
(b) the practice to be followed in the Court;
(c) the procedure and practice to be followed in the Registry of the Court; and
(d) any matters incidental to the procedure or practice.
(2) Without limiting the general nature of subsection (1), rules of court may be made for the following purposes—
(a) prescribing the procedure for the transfer of proceedings between the Court and the Court of First Instance, and between the Court and the Lands Tribunal; (Amended 3 of 2008 s. 46)
(b) prescribing the jurisdiction of the Court which the Registrar may exercise (including provision for appeal against decisions made in the exercise of the jurisdiction);
(c) regulating matters relating to the fees and costs of proceedings (including proceedings in connection with the administration of estates and trusts) in the Court and matters incidental to the proceedings;
(d) prescribing in what cases absent persons having an interest in a cause or matter are bound by any order made;
(e) regulating the execution of the process of the Court, including—
(i) prohibiting judgment debtors and persons against whom civil claims are made from leaving Hong Kong and ordering the payment of compensation to them in prescribed circumstances;
(ii) ordering judgment debtors or officers of corporate judgment debtors to appear for examination and their examination; and
(iii) the arrest and imprisonment of judgment debtors;
(f) providing that, in any case where a document filed in, or in the custody of, the Registry of the Court is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Court—
(i) it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but
(ii) the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rule, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the Registry,

and any such certificate shall be prima facie evidence of the facts stated in it.
(3) The power to make rules of court under this section includes power to make rules as to proceedings by or against the Government.
(4) Rules of court made under this section apply to all proceedings by or against the Government insofar as they expressly purport so to do.
(5) In the exercise of his discretion, a judge may excuse a party from compliance with any rule.
(Replaced 28 of 2000 s. 41)

### District Court Ordinance 《區域法院條例》

72A. Rules for commencing proceedings for estates of deceased persons
The Rules Committee may make rules of court for—
(a) proceedings to be commenced against the estate of a deceased person where a grant of probate or administration has not been made by the appointment of a person to represent the estate or otherwise;
(b) proceedings purporting to have been commenced by or against a dead person to be treated as having been commenced by or against his estate whether or not a grant of probate or administration was made before their commencement; and
(c) any proceedings commenced or treated as commenced in the Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or administration is or has been made, by or against the personal representatives.
(Added 28 of 2000 s. 41)

### District Court Ordinance 《區域法院條例》

72B. Rules as to proof of facts and admission of statements in civil proceedings
(1) The Rules Committee may make rules of court for—
(a) the means by which particular facts may be proved;
(b) the mode in which evidence of the facts may be given;
(c) the conditions subject to which oral expert evidence may be given.
(2) The Court may act on a certificate purporting to be a certificate of a registered medical practitioner in deciding for the purposes of any rules made under this section whether or not a person is fit to attend as a witness.
(3) Notwithstanding any enactment or rule of law under which documents prepared for the purpose of pending or contemplated civil proceedings or in connection with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, rules made under this section may—
(a) enable the Court in civil proceedings to direct a party to disclose the expert evidence which he proposes to bring as part of his case at the trial to the other parties by the date specified in the direction (or a later date permitted or agreed under the rules); and
(b) prohibit a party who fails to comply with a direction under rules made under paragraph (a) from bringing in evidence under Part IV of the Evidence Ordinance (Cap. 8) any expert report that deals with matters specified in the direction except with the leave of the Court.
(4) Without prejudice to the general nature of subsection (1)(c), rules made under that paragraph may prohibit a party who fails to comply with a direction given under rules made under subsection (3)(b) from bringing any oral expert evidence dealing with matters specified in the direction, except with the leave of the Court.
(5) A rule made under this section may make different provision—
(a) for different classes of cases;
(b) for expert reports dealing with matters of different classes; and
(c) for other different circumstances.
(6) In this section references to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
(Added 28 of 2000 s. 41)