Herald of Civil Procedure
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Reforming the rules for service of originating process in Hong Kong: a quest for procedural certainty, predictability and efficacy

Service of originating process is a fundamental step in civil litigation. The defendant must be notified of the proceedings within a stipulated timeframe. The rules must provide certainty for meeting the deadline of service. There are loopholes in the current procedural rules governing service of originating process in Hong Kong. For instance, the rules failed to provide certainty for meeting the deadline for service of the writ by registered post (or by insertion through a letter box at the defendant’s address). This article critically examines the major problems in the rules and proposes practical measures to reform the service regime in Hong Kong.

Keywords: Hong Kong civil procedure, service of originating process, civil justice reform, comparative civil procedure.

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Peter C.H. Chan