Service in Hong Kong Civil Cases (including Extra-territorial Service) – Relevant Cases and Legal Principles
Return of service, evasion of service
- Defendant directed documents to be returned, evaded service, deemed service valid: Mammy Pancake Co Ltd v Carla Day Ltd (No 2), HCA 1044/2021, 16 May 2025;
- Document returned unopened to evade service, deemed service successful Hwang Joon Sang & Anor v G.E.I & Ors. [2020] HKCFI 1084 (para 17-22)
Ordinary service (Writ of Summons and other documents after service of originating summons)
- RHC Order 65 rule 5 Manner of ordinary service of non-summons writs and originating process
- RHC Order 65 rule 5(1)(d) (Court-directed mode of ordinary service, applicable to particularly large number of documents, to save costs of service): ordinary service (ordinary service) effected through data room (資料室): Hwang Joon Sang & Anor v G.E.I & Ors. nbsp; [2020] HKCFI 1084 and [2020] HKCFI 1233 (2020)
Service of Hong Kong court documents on the Mainland
- RHC Order 11 rule 5A: Service of Writs of Summons in the Mainland of China through the Judiciary.
- Order 11, rule 5(2) Extraterritorial service must not contravene local law;
- Su Xin and another v Qiao Xiaochun, DCCJ 5882/2019, Hong Kong court approves alternative service in the Mainland by way of service by notice.
Alternative service
- General provisions on alternative service: RHC Order 65, rule 4.
- Two requirements for substituted service Porter v Freudenberg, Kreglinger v S Samuel and Rosenfeld, Re Merten’s Patents [1915] 1 KB 857,.
- Alternative service does not require the defendant to have actual knowledge Chan Yeuk Mui v Ng Shu Chi [1999] 2 HKLRD 376, (3) .
- Extraterritorial substituted service, HKCP 11/5/6, 65/4/8.
- Alternative Service by Publication Chan Yeuk Mui v Ng Shu Chi (1999), DCCJ 1133/2010, Refusal to Serve .
- DCCJ 1133/2010, Rejecting email alone as an alternative to service, and authorizing the combination of publication, stuffing and email as an alternative to service.
- Zhuhai Gotech Intelligent Technology Co Ltd v Persons Unknown (HCZZ 10/2020), Hong Kong court allows alternative service by Facebook message.
- Airport Authority v Persons Unlawfully and Wilfully Obstructing or Interfering with the Proper Use of the Hong Kong International Airport [2020] HKCFI 2743, alternative service by posting a QR code in a conspicuous place
Extraterritorial Service
- Two routes of extra-territorial service: RHC Order 11, rule 5(3).
- Thresholds for Extraterritorial Service: RHC Order 11, rule 1.
- Substitute service, 11/5/6, 65/4/8.
Service on Dissolved Hong Kong Companies
- Upon dissolution of a company, the Registrar of Companies should be named as the defendant and served: Under section 752(1) of the Companies Ordinance (Cap. 622), Yang Zhenghong v Registrar of Companies [2016] 3 HKC 247 at §5, Tong Kin Ming & Anor v Registrar of Companies [2016] 3 HKC 247 at §5, Tong Kin Ming & Anor v Registrar of Companies [2016] 3 HKC 247 at §5. 5, Tong Kin Ming & Anor v The Registrar of Companies [2023] HKCFI 1789 at §3, Bail Yang v HSBC and others HCMP 42/2025, at §31-39.
