### High Court Ordinance 《高等法院條例》

55A. Rules concerning commencement of proceedings in respect of estates of deceased persons
The power to make rules of court under section 54 shall include power by any such rules to make provision—
(a) for enabling proceedings to be commenced in the Court of First Instance against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made;
(b) for enabling proceedings purporting to have been commenced in the Court of First Instance by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or administration was made before their commencement; and
(c) for enabling any proceedings commenced or treated as commenced in the Court of First Instance 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 52 of 1987 s. 42. Amended 25 of 1998 s. 2)[cf. 1981 c. 54 s. 87(2) U.K.]

### High Court Ordinance 《高等法院條例》

55C. Rules as to stop orders and notices
(1) In this section—
stop order (停止令) means an order of the Court of First Instance prohibiting the taking, in respect of any of the securities specified in the order, of any of the steps mentioned in subsection (4); (Amended 25 of 1998 s. 2)
stop notice (停止通知書) means a notice requiring any person on whom it is duly served to refrain from taking, in respect of any of the securities specified in the notice, any of the steps mentioned in subsection (4) without first notifying the person by whom, or on whose behalf, the notice was served; and
prescribed securities (訂明的保證物) means securities (including funds in court) of a kind prescribed by rules of court made by virtue of this section.
(2) The power to make rules of court under section 54 shall include power by any such rules to make provision—
(a) for the Court to make a stop order on the application of any person claiming to be entitled to an interest in prescribed securities; and
(b) for the service of a stop notice by any person claiming to be entitled to an interest in prescribed securities.
(3) Rules of court made by virtue of this section shall prescribe the person on whom a copy of any stop order or stop notice is to be served.
(4) The steps mentioned in subsection (1) are—
(a) the registration of any transfer of the securities;
(b) in the case of funds in court, the transfer, sale, delivery out, payment or other dealing with the funds, or of the income thereon;
(c) the making of any payment by way of dividend, interest or otherwise in respect of the securities; and
(d) in the case of a unit trust, any acquisition of or other dealing with the units by any person or body exercising functions under the trust.
(5) Any rules of court made by virtue of this section may include such incidental, supplemental and consequential provisions as the Rules Committee considers necessary or expedient, and may make different provision in relation to different cases or classes of case.
(Added 52 of 1987 s. 42)[cf. 1979 c. 53 s. 5 U.K.]

### High Court Ordinance 《高等法院條例》

55D. Rules as to costs and interest
(1) Notwithstanding sections 49 and 52A, the power to make rules of court under section 54 includes power to make provision for enabling the Registrar, in such circumstances as may be specified in the rules, to—
(a) disallow all or part of any costs to be taxed pursuant to a costs order made by the Court of First Instance or the Court of Appeal;
(b) disallow all or part of any interest otherwise payable under section 49 on taxed costs, or reduce the period for which such interest is payable or the rate prescribed in section 49 at which such interest is payable; and
(c) increase the rate prescribed in section 49 at which interest on taxed costs or costs of taxation is payable.
(2) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(Added 3 of 2008 s. 33)

### High Court Ordinance 《高等法院條例》

56. Orders for interim payment
(1) The power to make rules of court under section 54 shall include power to make provision for enabling the High Court in such circumstances as may be specified to make an order requiring a party to pending proceedings to make an interim payment of such amount as may be specified in the order, either by payment into court or (if the order so provides) by paying it to another party to the proceedings. (Amended 25 of 1998 s. 2)
(2) Where any such rules make provision in accordance with subsection (1), the rules may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs.
(5) In this section—
(a) interim payment (中期付款), in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the Court in the proceedings is given or made in favour of that other party; and
(b) any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.
(6) This section shall bind the Crown so far as any proceedings to which the section is applicable can be brought by or against the Crown in accordance with the Crown Proceedings Ordinance (Cap. 300).
[cf. 1969 c. 58 s. 20 U.K.]

### High Court Ordinance 《高等法院條例》

56A. Orders for provisional damages for personal injuries
(1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
(2) Subject to subsection (4), as regards any action for damages to which this section applies in which a judgment is given in the Court of First Instance, provision may be made by rules of court for enabling the Court, in such circumstances as may be prescribed, to award the injured person— (Amended 25 of 1998 s. 2)
(a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
(b) further damages at a future date if he develops the disease or suffers the deterioration.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient, and may provide for the injured person to elect whether or not to accept an award of damages assessed in accordance with such rules.
(4) Nothing in this section shall be construed—
(a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
(b) as prejudicing any duty of the Court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
(Added 40 of 1986 s. 5)[cf. 1982 c. 53 s. 6 U.K.]