3. Address for service: what must be given?

3. Address for service: what must be given? 

A valid Acknowledgment of Service (“AoS”) must contain a genuine address for service in Hong Kong. 

If the defendant acts in person, the address given should be the defendant’s residential address in Hong Kong. If the defendant has no local residence, another address within Hong Kong may be given, provided documents can properly be delivered or posted there. “Care of” (c/o) addresses are generally not acceptable due to their uncertain status. A defendant acting in person cannot give an overseas address. 

If the defendant is represented by a solicitor, the address for service should be the local business address of that solicitor. A document exchange number may also be included. 

If the defendant is a body corporate acting on its own behalf, it may give its registered office or principal office. If it is represented by solicitors, the solicitors’ business address should be used instead. 

If no address is given, or if the address is not genuine, the court may set aside the AoS, order a proper address to be provided, or make an order having the effect that the plaintiff may proceed as if there had been no valid acknowledgment. This may expose the defendant to default judgment. For information about default judgment, please refer to “What happens if the defendant does not file an acknowledgment of service form or a defence?”.