76. Disability.
ORDER 76
DISABILITY
1. Interpretation. (O. 76 r. 1)
In this Order–
"Ordinance" means the Mental Disorders Ordinance 1952 (31/52);
"patient" means a mentally disordered person within the meaning of the Ordinance.
"person under disability" means a person who is an infant or a patient.
2. Person under disability must sue, etc., by next friend or guardian ad litem. (O. 76 r. 2)
(1) A person under disability may not bring, or make a claim in, any proceedings except by his next friend and may not defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.
(2) Subject to the provisions of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party is a person under disability, be done by his next friend or guardian ad litem.
(3) A next friend or guardian ad litem of a person under disability must act by a solicitor.
3. Appointment of next friend or guardian ad litem. (O. 76 r. 3)
(1) This rule shall not apply in relation to a probate action.
(2) Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.
(3) Where a person is authorized under the Ordinance to conduct legal proceedings in the name of a patient or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the patient in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (5) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the patient in those proceedings.
(4) Where a person has been or is next friend or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such friend or guardian, as the case may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.
(5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party.
(6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court–
(a) the name of any person shall not be used in a cause or matter as next friend of a person under disability;
(b) an appearance shall not be entered in a cause or matter for a person under disability; and
(c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, summons or motion which, or notice of which, has been served on him,
unless and until the documents listed in paragraph (7) have been filed in the Registry.
(7) The documents referred to in paragraph (6) are the following–
(a) a written consent in Form 189 to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian;
(b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under the Ordinance to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, sealed with the seal of the Court, of the order or other authorization made or given under the Ordinance by virtue of which he is so authorized; and
(c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b), a certificate in Form 190 made by the solicitor for the person under disability certifying–
(i) that he knows or believes, as the case may be, that the person to whom the certificate relates is an infant or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and
(ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and
(iii) that the person so named has no interest in the cause or matter in question adverse to that of the person under disability.
4. Probate action: Appointment of next friend or guardian ad litem. (O. 76 r. 4)
(1) This rule applies in relation to a probate action to which a person under disability is a party or in which he intervenes or is cited under Order 72, rule 5.
(2) Where the person under disability is a patient and a person is authorized under the Ordinance to conduct legal proceedings in the name of the patient or on his behalf, the person so authorized shall be entitled to be next friend of the patient in any probate action to which his authority extends.
(3) Where the person under disability is an infant who is not a patient and he has a statutory guardian or a testamentary guardian who is qualified to be his next friend by virtue of paragraph (8), that guardian shall be entitled to be next friend of the infant in a probate action.
(4) Where the person under disability is an infant who has attained the age of 16 years and is not a patient, and there is no person qualified by virtue of paragraph (3) to be his next friend, the infant may appoint as his next friend a person who is qualified to be such friend by virtue of paragraph (8) and who is one of his next of kin or, where the infant is a married woman, one of her next of kin or her husband.
(5) Where an infant appoints a person under paragraph (4) to be his next friend in a probate action, the person so appointed may be next friend of any other infant in that action provided that the other infant is under 16 years of age, is not a patient and his interest in the action is the same as that of the infant making the appointment.
(6) Where there is no person qualified by virtue of paragraph (2) or (3) as the case may be, to be next friend of a person under disability in a probate action and that person is either not entitled under paragraph (4) to appoint a person to be his next friend or, being so entitled, makes no appointment thereunder, the next friend of the person under disability in the action shall be such one of his next of kin or other person as the Court may appoint.
(7) An application under paragraph (6) for the appointment of a next friend of a person under disability may be made ex parte by summons and must be supported by an affidavit showing–
(a) that there is no person entitled to be such friend by virtue of paragraph (2) or (3), or appointed as such under paragraph (4), as the circumstances require; and
(b) if such be the case, that the person proposed as next friend is a next of kin of the person under disability; and
(c) that the person proposed as next friend is willing and a proper person to act as such and has no interest in the action adverse to that of the person under disability.
(8) A person is qualified to be next friend of a person under disability if he is competent and willing to act as such and has no interest in the action in question adverse to that of the person under disability.
(9) Paragraph (2) to (8) shall apply for the purpose of determining who shall be guardian ad litem of a person under disability in a probate action as they apply for the purpose of determining who shall be next friend of such a person and references in those paragraph to a next friend shall be construed accordingly:
Provided that a person authorized as mentioned in paragraph (2) shall not be entitled by virtue of that paragraph to be guardian ad litem of a patient in a probate action if in a case to which rule 6 applies some other person is appointed by the Court under that rule to be guardian ad litem of the patient in that action.
5. Probate action: Further provisions. (O. 76 r. 5)
(1) Where a party to a probate action is a person under disability, then, unless the next friend or guardian ad litem, as the case may be, of that person has been appointed such friend or guardian by the Court, the writ beginning the action (where that person is a plaintiff) shall not be issued, and an appearance shall not be entered for him in the action (where he is a defendant, intervener, or person cited under Order 72 rule 5) without the consent of the Registrar.
(2) On the making of an application for a consent under paragraph (1) in relation to an infant who is not a patient, there must be produced to the Registrar–
(a) where the next friend or guardian ad litem of the infant is his statutory guardian or testamentary guardian, an affidavit deposing to the guardianship and age of the infant and showing that the guardian has no interest in the action adverse to that of the infant;
(b) where the next friend or guardian ad litem of the infant is a person appointed under rule 4(4), or under rule 4(4) as applied by rule 4(9)–
(i) the appointment; and
(ii) a written consent to act as next friend or guardian ad litem as the case may be, given by the person so appointed; and
(iii) an affidavit deposing to the age of the infant and containing the evidence which would be required by rule 4(7), or by rule 4(7) as so applied, to be contained in an affidavit in support of an application for the appointment of that person as next friend or guardian ad litem, as the case may be, by the Court.
(3) On the making of an application for consent under paragraph (1) in relation to a patient, there must be produced to the Registrar an office copy, sealed with the seal of the Court, of the order or other authorization made or given under the Ordinance by virtue of which the next friend or guardian ad litem of the patient, as the case may be, is authorized to conduct legal proceedings in the probate action in question in the name of the patient or on his behalf.
6. Appointment of guardian where person under disability does not appear. (O. 76 r. 6)
(1) Where–
(a) in action against a person under disability begun by writ, or by originating summons to which an appearance is required to be entered, no appearance is entered in the action for that person; or
(b) the defendant to an action serves a defence and counterclaim on a person under disability who is not already a party to the action, and no appearance is entered for that person,
an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for appearing and before proceeding further with the action or counterclaim.
(2) Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no appearance is entered for that person to that notice, an application for the appointment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects the person) for appearing and before proceeding further with the third party proceedings.
(3) Where in any proceedings against a person under disability begun by petition or motion, or by originating summons to which no appearance need be entered, that person does not appear by a guardian ad litem, at the hearing of the petition, motion or summons, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.
(4) At any stage in the proceedings under judgment or order, notice of which has been served on a person under disability, the Court may, if no appearance is entered for that person, appoint a guardian ad litem of that person in the proceedings or direct that an application be made for the appointment of such a guardian.
(5) An application under paragraph (1) or (2) must be supported by evidence proving–
(a) that the person to whom the application relates is a person under disability;
(b) that the person proposed as guardian ad litem is willing and a proper person to act as such and has no interest in the proceedings adverse to that of the person under disability;
(c) that the writ, originating summons, defence and counterclaim or third party notice, as the case may be, was duly served on the person under disability; and
(d) subject to paragarph (6), that notice of the application was, after the expiration of the time limited for appearing and at least 7 days before the day named in the notice for hearing of the application, so served on him.
(6) If the Court so directs, notice of an application under paragraph (1) or (2) need not be served on a person under disability.
(7) An application for the appointment of a guardian ad litem made in compliance with a direction of the Court given under paragraph (3) or (4) must be supported by evidence proving the matters referred to in paragraph (5)(b).
7. Application to discharge or vary certain orders. (O. 76 r. 7)
An application to the Court on behalf of a person under disability served with an order made ex parte under Order 15, rule 7, for the discharge or variation of the order must be made–
(a) if a next friend or guardian ad litem is acting for that person in the cause or matter in which the order is made, within 14 days after the service of the order on that person;
(b) if there is no next friend or guardian ad litem acting for that person in that cause or matter, within 14 days after the appointment of such a friend or guardian to act for him.
8. Admission not to be implied from pleading of person under disability. (O. 76 r. 8)
Notwithstanding anything in Order 18, rule 13(1), a person under disability shall not be taken to admit the truth of any allegation of fact made in the pleadings of the opposite party by reason only that he has not traversed it in his pleadings.
9. Discovery and interrogatories. (O. 76 r. 9)
Order 24 and 26 shall apply to a person under disability and to his next friend or guardian ad litem.
10. Compromise etc., by person under disability. (O. 76 r. 10)
Where in any proceedings money is claimed by or on behalf of a person under disability, no settlement, compromise or payment and no acceptance of money paid into Court, whenever entered into or made, shall so far as it relates to that person’s claim be valid without the approval of the Court.
11. Approval of settlement. (O. 76 r. 11)
(1) Where, before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction with any other person) are begun, an agreement is reached for the settlement of the claim, and it is desired to obtain the Court’s approval to the settlement, then notwithstanding, anything in Order 5, rule 2, the claim may be made in proceedings begun by originating summons and in the summons an application may also be made for–
(a) the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12; or
(b) alternatively, directions as to the further prosecution of the claim.
(2) Where in proceedings under this rule a claim is made under section 7 of the Civil Law Act 1956 (Act 67) the originating summons must include the particulars required under the said Act.
(3) No appearance need be entered to an originating summons under this rule.
(4) In this rule "settlement" includes a compromise.
12. Control of money recovered by person under disability. (O. 76 r. 12)
(1) Where in any proceedings–
(a) money is recovered by or on behalf of, or adjudge or ordered or agreed to be paid to, or for the benefit of, a person under disability; or
(b) money paid into Court is accepted by or on behalf of a plaintiff who is a person under disability,
the money shall be dealt with in accordance with directions given by the Court.
(2) Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into Court and invested or otherwise dealt with.
(3) Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into Court, to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff’s solicitor in respect of costs.
(4) Where in pursuance of directions given under this rule money is paid into Court to be invested or otherwise dealt with, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of Court, except in accordance with an order of the Court.
(5) The foregoing provisions of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, and a claim made by or on behalf of such a person in an action by any other person for relief under section 361 of the Merchant Shipping Ordinance 1952 (70/52) as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively.
13. Proceedings under Civil Law Act 1956: Apportionment by Court. (O. 76 r. 13)
(1) Where a single sum of money is paid into Court under Order 22, rule 1, in satisfaction of causes of action arising under the Civil Law Act 1956 (Act 67) and that sum is accepted, the money shall be apportioned between the different causes of action by the Court either when giving directions for dealing with it under rule 12 (if that rule applies) or when authorising its payment out of Court.
(2) Where, in an action in which a claim under the Civil Law Act 1956 (Act 67) is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into Court under Order 22, rule 1, is accepted in satisfaction of the cause of action under the Civil Law Act, it shall be apportioned between those persons by the Court.
The reference in this paragraph to a sum of money paid into Court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the Civil Law Act 1956.
14. Service of certain documents on person under disability. (O. 76 r. 14)
(1) Where in any proceedings a document is required to be served personally on any person and that person is a person under disability this rule shall apply.
(2) Subject to the following provisions of this rule and to Order 24, rule 16(3), and Order 26, rule 7(3), the document must be served–
(a) in the case of an infant who is not also a patient on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;
(b) in the case of a patient, on the person (if any) who is authorized under the Ordinance to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served or, if there is no person so authorized, on the person with whom he resides or in whose care he is;
and must be served in the manner required by these rules with respect to the document in question.
(3) Notwithstanding anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.
(4) A judgment or order requiring a person to do, or refrain from doing, any act, a notice of motion or summons for the committal of any person, and a writ of subpoena against any person, must if that person is a person under disability, be served personally on him unless the Court otherwise orders.
This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents.
ORDER 76
DISABILITY
1. Interpretation. (O. 76 r. 1)
In this Order–
"Ordinance" means the Mental Disorders Ordinance 1952 (31/52);
"patient" means a mentally disordered person within the meaning of the Ordinance.
"person under disability" means a person who is an infant or a patient.
2. Person under disability must sue, etc., by next friend or guardian ad litem. (O. 76 r. 2)
(1) A person under disability may not bring, or make a claim in, any proceedings except by his next friend and may not defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.
(2) Subject to the provisions of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party is a person under disability, be done by his next friend or guardian ad litem.
(3) A next friend or guardian ad litem of a person under disability must act by a solicitor.
3. Appointment of next friend or guardian ad litem. (O. 76 r. 3)
(1) This rule shall not apply in relation to a probate action.
(2) Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.
(3) Where a person is authorized under the Ordinance to conduct legal proceedings in the name of a patient or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the patient in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (5) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the patient in those proceedings.
(4) Where a person has been or is next friend or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such friend or guardian, as the case may be, of the person under disability in those proceedings unless the Court makes an order appointing him such friend or guardian in substitution for the person previously acting in that capacity.
(5) Where, after any proceedings have been begun, a party to the proceedings becomes a patient, an application must be made to the Court for the appointment of a person to be next friend or guardian ad litem, as the case may be, of that party.
(6) Except where the next friend or guardian ad litem, as the case may be, of a person under disability has been appointed by the Court–
(a) the name of any person shall not be used in a cause or matter as next friend of a person under disability;
(b) an appearance shall not be entered in a cause or matter for a person under disability; and
(c) a person under disability shall not be entitled to appear by his guardian ad litem on the hearing of a petition, summons or motion which, or notice of which, has been served on him,
unless and until the documents listed in paragraph (7) have been filed in the Registry.
(7) The documents referred to in paragraph (6) are the following–
(a) a written consent in Form 189 to be next friend or guardian ad litem, as the case may be, of the person under disability in the cause or matter in question given by the person proposing to be such friend or guardian;
(b) where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized under the Ordinance to conduct the proceedings in the cause or matter in question in the name of the patient or on his behalf, an office copy, sealed with the seal of the Court, of the order or other authorization made or given under the Ordinance by virtue of which he is so authorized; and
(c) except where the person proposing to be such friend or guardian of the person under disability, being a patient, is authorized as mentioned in sub-paragraph (b), a certificate in Form 190 made by the solicitor for the person under disability certifying–
(i) that he knows or believes, as the case may be, that the person to whom the certificate relates is an infant or a patient, giving (in the case of a patient) the grounds of his knowledge or belief; and
(ii) where the person under disability is a patient, that there is no person authorized as aforesaid; and
(iii) that the person so named has no interest in the cause or matter in question adverse to that of the person under disability.
4. Probate action: Appointment of next friend or guardian ad litem. (O. 76 r. 4)
(1) This rule applies in relation to a probate action to which a person under disability is a party or in which he intervenes or is cited under Order 72, rule 5.
(2) Where the person under disability is a patient and a person is authorized under the Ordinance to conduct legal proceedings in the name of the patient or on his behalf, the person so authorized shall be entitled to be next friend of the patient in any probate action to which his authority extends.
(3) Where the person under disability is an infant who is not a patient and he has a statutory guardian or a testamentary guardian who is qualified to be his next friend by virtue of paragraph (8), that guardian shall be entitled to be next friend of the infant in a probate action.
(4) Where the person under disability is an infant who has attained the age of 16 years and is not a patient, and there is no person qualified by virtue of paragraph (3) to be his next friend, the infant may appoint as his next friend a person who is qualified to be such friend by virtue of paragraph (8) and who is one of his next of kin or, where the infant is a married woman, one of her next of kin or her husband.
(5) Where an infant appoints a person under paragraph (4) to be his next friend in a probate action, the person so appointed may be next friend of any other infant in that action provided that the other infant is under 16 years of age, is not a patient and his interest in the action is the same as that of the infant making the appointment.
(6) Where there is no person qualified by virtue of paragraph (2) or (3) as the case may be, to be next friend of a person under disability in a probate action and that person is either not entitled under paragraph (4) to appoint a person to be his next friend or, being so entitled, makes no appointment thereunder, the next friend of the person under disability in the action shall be such one of his next of kin or other person as the Court may appoint.
(7) An application under paragraph (6) for the appointment of a next friend of a person under disability may be made ex parte by summons and must be supported by an affidavit showing–
(a) that there is no person entitled to be such friend by virtue of paragraph (2) or (3), or appointed as such under paragraph (4), as the circumstances require; and
(b) if such be the case, that the person proposed as next friend is a next of kin of the person under disability; and
(c) that the person proposed as next friend is willing and a proper person to act as such and has no interest in the action adverse to that of the person under disability.
(8) A person is qualified to be next friend of a person under disability if he is competent and willing to act as such and has no interest in the action in question adverse to that of the person under disability.
(9) Paragraph (2) to (8) shall apply for the purpose of determining who shall be guardian ad litem of a person under disability in a probate action as they apply for the purpose of determining who shall be next friend of such a person and references in those paragraph to a next friend shall be construed accordingly:
Provided that a person authorized as mentioned in paragraph (2) shall not be entitled by virtue of that paragraph to be guardian ad litem of a patient in a probate action if in a case to which rule 6 applies some other person is appointed by the Court under that rule to be guardian ad litem of the patient in that action.
5. Probate action: Further provisions. (O. 76 r. 5)
(1) Where a party to a probate action is a person under disability, then, unless the next friend or guardian ad litem, as the case may be, of that person has been appointed such friend or guardian by the Court, the writ beginning the action (where that person is a plaintiff) shall not be issued, and an appearance shall not be entered for him in the action (where he is a defendant, intervener, or person cited under Order 72 rule 5) without the consent of the Registrar.
(2) On the making of an application for a consent under paragraph (1) in relation to an infant who is not a patient, there must be produced to the Registrar–
(a) where the next friend or guardian ad litem of the infant is his statutory guardian or testamentary guardian, an affidavit deposing to the guardianship and age of the infant and showing that the guardian has no interest in the action adverse to that of the infant;
(b) where the next friend or guardian ad litem of the infant is a person appointed under rule 4(4), or under rule 4(4) as applied by rule 4(9)–
(i) the appointment; and
(ii) a written consent to act as next friend or guardian ad litem as the case may be, given by the person so appointed; and
(iii) an affidavit deposing to the age of the infant and containing the evidence which would be required by rule 4(7), or by rule 4(7) as so applied, to be contained in an affidavit in support of an application for the appointment of that person as next friend or guardian ad litem, as the case may be, by the Court.
(3) On the making of an application for consent under paragraph (1) in relation to a patient, there must be produced to the Registrar an office copy, sealed with the seal of the Court, of the order or other authorization made or given under the Ordinance by virtue of which the next friend or guardian ad litem of the patient, as the case may be, is authorized to conduct legal proceedings in the probate action in question in the name of the patient or on his behalf.
6. Appointment of guardian where person under disability does not appear. (O. 76 r. 6)
(1) Where–
(a) in action against a person under disability begun by writ, or by originating summons to which an appearance is required to be entered, no appearance is entered in the action for that person; or
(b) the defendant to an action serves a defence and counterclaim on a person under disability who is not already a party to the action, and no appearance is entered for that person,
an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for appearing and before proceeding further with the action or counterclaim.
(2) Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no appearance is entered for that person to that notice, an application for the appointment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects the person) for appearing and before proceeding further with the third party proceedings.
(3) Where in any proceedings against a person under disability begun by petition or motion, or by originating summons to which no appearance need be entered, that person does not appear by a guardian ad litem, at the hearing of the petition, motion or summons, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.
(4) At any stage in the proceedings under judgment or order, notice of which has been served on a person under disability, the Court may, if no appearance is entered for that person, appoint a guardian ad litem of that person in the proceedings or direct that an application be made for the appointment of such a guardian.
(5) An application under paragraph (1) or (2) must be supported by evidence proving–
(a) that the person to whom the application relates is a person under disability;
(b) that the person proposed as guardian ad litem is willing and a proper person to act as such and has no interest in the proceedings adverse to that of the person under disability;
(c) that the writ, originating summons, defence and counterclaim or third party notice, as the case may be, was duly served on the person under disability; and
(d) subject to paragarph (6), that notice of the application was, after the expiration of the time limited for appearing and at least 7 days before the day named in the notice for hearing of the application, so served on him.
(6) If the Court so directs, notice of an application under paragraph (1) or (2) need not be served on a person under disability.
(7) An application for the appointment of a guardian ad litem made in compliance with a direction of the Court given under paragraph (3) or (4) must be supported by evidence proving the matters referred to in paragraph (5)(b).
7. Application to discharge or vary certain orders. (O. 76 r. 7)
An application to the Court on behalf of a person under disability served with an order made ex parte under Order 15, rule 7, for the discharge or variation of the order must be made–
(a) if a next friend or guardian ad litem is acting for that person in the cause or matter in which the order is made, within 14 days after the service of the order on that person;
(b) if there is no next friend or guardian ad litem acting for that person in that cause or matter, within 14 days after the appointment of such a friend or guardian to act for him.
8. Admission not to be implied from pleading of person under disability. (O. 76 r. 8)
Notwithstanding anything in Order 18, rule 13(1), a person under disability shall not be taken to admit the truth of any allegation of fact made in the pleadings of the opposite party by reason only that he has not traversed it in his pleadings.
9. Discovery and interrogatories. (O. 76 r. 9)
Order 24 and 26 shall apply to a person under disability and to his next friend or guardian ad litem.
10. Compromise etc., by person under disability. (O. 76 r. 10)
Where in any proceedings money is claimed by or on behalf of a person under disability, no settlement, compromise or payment and no acceptance of money paid into Court, whenever entered into or made, shall so far as it relates to that person’s claim be valid without the approval of the Court.
11. Approval of settlement. (O. 76 r. 11)
(1) Where, before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction with any other person) are begun, an agreement is reached for the settlement of the claim, and it is desired to obtain the Court’s approval to the settlement, then notwithstanding, anything in Order 5, rule 2, the claim may be made in proceedings begun by originating summons and in the summons an application may also be made for–
(a) the approval of the Court to the settlement and such orders or directions as may be necessary to give effect to it or as may be necessary or expedient under rule 12; or
(b) alternatively, directions as to the further prosecution of the claim.
(2) Where in proceedings under this rule a claim is made under section 7 of the Civil Law Act 1956 (Act 67) the originating summons must include the particulars required under the said Act.
(3) No appearance need be entered to an originating summons under this rule.
(4) In this rule "settlement" includes a compromise.
12. Control of money recovered by person under disability. (O. 76 r. 12)
(1) Where in any proceedings–
(a) money is recovered by or on behalf of, or adjudge or ordered or agreed to be paid to, or for the benefit of, a person under disability; or
(b) money paid into Court is accepted by or on behalf of a plaintiff who is a person under disability,
the money shall be dealt with in accordance with directions given by the Court.
(2) Directions given under this rule may provide that the money shall, as to the whole or any part thereof, be paid into Court and invested or otherwise dealt with.
(3) Without prejudice to the foregoing provisions of this rule, directions given under this rule may include any general or special directions that the Court thinks fit to give and, in particular, directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into Court, to the plaintiff, or to the next friend in respect of moneys paid or expenses incurred for or on behalf or for the benefit of the person under disability or for his maintenance or otherwise for his benefit or to the plaintiff’s solicitor in respect of costs.
(4) Where in pursuance of directions given under this rule money is paid into Court to be invested or otherwise dealt with, the money (including any interest thereon) shall not be paid out, nor shall any securities in which the money is invested, or the dividends thereon, be sold, transferred or paid out of Court, except in accordance with an order of the Court.
(5) The foregoing provisions of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, and a claim made by or on behalf of such a person in an action by any other person for relief under section 361 of the Merchant Shipping Ordinance 1952 (70/52) as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively.
13. Proceedings under Civil Law Act 1956: Apportionment by Court. (O. 76 r. 13)
(1) Where a single sum of money is paid into Court under Order 22, rule 1, in satisfaction of causes of action arising under the Civil Law Act 1956 (Act 67) and that sum is accepted, the money shall be apportioned between the different causes of action by the Court either when giving directions for dealing with it under rule 12 (if that rule applies) or when authorising its payment out of Court.
(2) Where, in an action in which a claim under the Civil Law Act 1956 (Act 67) is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into Court under Order 22, rule 1, is accepted in satisfaction of the cause of action under the Civil Law Act, it shall be apportioned between those persons by the Court.
The reference in this paragraph to a sum of money paid into Court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the Civil Law Act 1956.
14. Service of certain documents on person under disability. (O. 76 r. 14)
(1) Where in any proceedings a document is required to be served personally on any person and that person is a person under disability this rule shall apply.
(2) Subject to the following provisions of this rule and to Order 24, rule 16(3), and Order 26, rule 7(3), the document must be served–
(a) in the case of an infant who is not also a patient on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;
(b) in the case of a patient, on the person (if any) who is authorized under the Ordinance to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served or, if there is no person so authorized, on the person with whom he resides or in whose care he is;
and must be served in the manner required by these rules with respect to the document in question.
(3) Notwithstanding anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.
(4) A judgment or order requiring a person to do, or refrain from doing, any act, a notice of motion or summons for the committal of any person, and a writ of subpoena against any person, must if that person is a person under disability, be served personally on him unless the Court otherwise orders.
This paragraph shall not apply to an order for interrogatories or for discovery or inspection of documents.
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