O.13A, rr.

1 & 2
ADMISSIONS IN CLAIMS FOR PAYMENT OF MONEY

• RHC O.80, r.1 (Incapacitated persons)

• RHC O.62, Part 1, Schedule 2 (Costs)
• High Court Ordinance (Cap.4), s.48 (Interest)
• Practice Directions 16.1, 19.3, 24.1 and 14.3

Practice Forms
• No. 16 Admission (liquidated amount) O.13A rr.4(2), 5(2) and 13(2) [filed by defendant]
• No. 16C Admission (unliquidated amount) O.13A rr.6(2), 7(2) and 13(2) [filed by defendant]
• No. 16A Request for judgment (admission of liquidated amount) O.13A rr.4(3), 9(4) and
10(2) [filed by Plaintiff]
• No. 16B Reply to part admission of liquidated amount and Request for admission O.13A
rr.5(3), 5(5), 9(4) and 10(2) [filed by Plaintiff]
• No. 16D Request for judgment (admission of unliquidated amount) O.13A r.6(3) [filed by
Plaintiff]
• No. 16E Reply to admission of unliquidated amount and Request for judgment O.13A
rr.7(3), 7(5), 7(9), 9(4) and 10(2) [filed by Plaintiff]

Interpretation (O.13A, r.1)

13A/1 1.—(1) In this Order—
“claim” (申索) means—
(a) where in an action the plaintiff makes only one claim, that claim; and
(b) where in an action the plaintiff makes more than one claim, all the
claims in the action.
(2) For the purposes of rules 6(1)(b) and 7(1)(b), the amount of a claim
is treated as unliquidated if the claim consists of a claim for a liquidated
amount of money and a claim for an unliquidated amount of money.
13A/1/1 Interpretation—“Claim” includes one or more claims in an action commenced by the plaintiff.
13A/1/2 For the purposes of O13A rr.6(1)(b) and (7)(1)(b), the “amount of the claim” is regarded as
unliquidated, be it a liquidated amount or an unliquidated amount.
13A/1/3 See Huang Zhengwei v Luen Hing Construction & Eng Ltd [2020] HKDC 644 – since proceed-
ings under O13A r.3(1)(c) are expressly provided to cover all types of originating process not
covered by r.3(1)(a) and r.3(1)(b), the originating process specified in r.3(1)(c) must have likely
been enacted to cater for wide-ranging types of originating processes. As such, it would not have
been feasible, like r.3(1)(a) and r.3(1)(b) types of proceedings, to specify any one particular cir-
cumstance or condition under which an admission may be filed after the expiry of the time limit.
The court, when exercising its discretion in deciding whether a party should be allowed to file an
admission for an originating process under r.3(1)(c) after the expiry of the time limit, would have
regard to all the relevant circumstances so as to do justice between the parties.

Making an admission (O.13A, r.2)

13A/2 2.—(1) Where the only remedy that a plaintiff is seeking is the payment
of money, the defendant may make an admission in accordance with—
(a) rule 4 (admission of whole of claim for liquidated amount of money);
(b) rule 5 (admission of part of claim for liquidated amount of money);
(c) rule 6 (admission of liability to pay whole of claim for unliquid-
ated amount of money); or
(d) rule 7 (admission of liability to pay claim for unliquidated amount
of money where defendant offers a sum in satisfaction of the claim).
(2) Where the defendant makes an admission as mentioned in paragraph
(1), the plaintiff may enter judgment except where—
(a) the defendant is a person under disability; or
(b) the plaintiff is a person under disability and the admission is made
under rule 5 or 7.
(3) The Court may allow a party to amend or withdraw an admission if the
Court considers it just to do so having regard to all the circumstances of the case.
(4) In this rule, “person under disability” (無行為能力的人) has the mean-
ing assigned to it in Order 80, rule 1.
13A/2/1 Admission—An admission may be made in four circumstances:
(i) rule 4 admission of whole claim—liquidated amount
(ii) rule 5 admission of part of claim—liquidated amount

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