4. How and when must the Acknowledgment of Service be filed?
The Acknowledgment of Service (“AoS”) must be filed at the High Court Registry or the District Court Registry. It should be delivered by hand or sent by post to the Registry, and not sent directly to the plaintiff. If it is posted, the risk of delay remains with the sender. The effective date is the date on which the Registry actually receives it.
Where the originating process is served within Hong Kong, the AoS must normally be filed within 14 days after service, counting the day of service itself.
If the process is served out of the jurisdiction, the time for acknowledgment is the period fixed by the relevant order permitting service out under Order 11 of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H).
Once the Registry receives the AoS, it will stamp it, enter the acknowledgment in the cause book, record whether the defendant intends to defend or seeks a stay, and send a sealed or stamped copy to the plaintiff or the plaintiff’s solicitors.
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