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At present, the rules governing the way proceedings are commenced are unnecessarily
complicated, there being four different procedures for bringing cases before the court:
writs, originating summonses, originating motions and petitions.
The Working Party recommends confining the modes of commencement to writs and
originating summonses, with an indication that the former should be used where
substantial factual disputes are likely to arise and the latter, where questions of law
involving no or little factual investigation are to be placed before the court. Where a
party has chosen the wrong procedure for starting a case, the court should readily
allow it to be switched to the appropriate procedure.
Certain specialised proceedings, such as bankruptcy, company winding-up, non-
contentious probate and matrimonial proceedings, have their own rules and procedures
and should continue to be excluded from the general operation of the Rules of the
In some cases, proceedings are started in Hong Kong but the defendant wishes to
contend that the action should be stayed on the ground that the Hong Kong court either
lacks jurisdiction or should, as a matter of discretion, decline to hear the case.
Procedural arrangements for such applications are necessary. The present rules are
relatively undeveloped for applications of the latter type. The Working Party
stay applications.
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