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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 22. | Recommendation 26 Proposal 11 (requiring pleadings to be verified by a statement of truth) should be adopted as modified and supplemented by Recommendations 27 to 32. |
RHC Orders 18, 20 and 38 New Order 41A |
Rules 70-77 | ||||
| 23. | Recommendation 27 The rules should indicate the level or class of officer or employee who may sign a statement of truth verifying pleadings on behalf of a party that is a corporation, a partnership or an analogous organization or association. |
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| 24. | Recommendation 28 The rules should set out (along the lines of 22PD3.7 and 22PD3.8) the effect in law of a legal representative signing a statement of truth to verify a pleading on behalf of the party concerned. |
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| 25. | Recommendation 29 Insurers (or lead insurers) and the Hong Kong Motor Insurers Bureau should be authorized to sign a statement of truth to verify a pleading on behalf of the party or parties concerned (along the lines of 22PD3.6A and 22PD3.6B). |
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| 26. | Recommendation 30 The period allowed for defendants to file their defence should be increased to allow adequate time to plead substantively to a plaintiff's claim and to verify the defence. |
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| 27. | Recommendation 31 The possibility of proceedings for contempt being brought against a person who verifies a pleading by a statement of truth without believing that the factual allegations contained in the pleading are true should be maintained, but the rule should make it clear that such proceedings (to be brought either by the Secretary for Justice with the leave of the court) are subject to the general law of contempt and to be contemplated only in cases where sanctions for contempt may be proportionate and appropriate. |
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| 28. | Recommendation 32 A rule should be adopted making it clear that a party who has reasonable grounds for so doing, may advance alternative and mutually inconsistent allegations in his pleading and verify the same with a statement of truth. |
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| 29. | Recommendation 35 Voluntary particulars should be expressly required to be verified by a statement of truth. |
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