2. Which Acknowledgment of Service form should be used and how should it be completed?

2. Which Acknowledgment of Service form should be used and how should it be completed? 

The correct prescribed form must be used. For a writ of summons, the usual form is Form No. 14. For an originating summons, the appropriate form is Form No. 15 or 15A, including costs-only proceedings. In Admiralty actions in rem, Form No. 2B is used. 

The defendant must complete the form carefully. The defendant’s full name should be stated. If the defendant has been sued under another name, the form must clarify this by stating “sued as (name set out in writ)”. If an individual is carrying on business under a business name, that should also be stated “trading as (business name)”. For more information, please refer to “Special rules for different types of defendants”. 

The form requires the defendant to indicate whether the claim will be contested. If the defendant ticks “yes”, this amounts to a formal notice of intention to defend. If the defendant ticks “no”, or leaves that part blank, the defendant will be treated as not intending to contest the proceedings. 

In claims for a debt or other liquidated demand, the form also allows the defendant to state whether an admission will be made for the purposes of Order 13A of the Rules of the High Court (Cap. 4A) (“RHC”) or the Rules of the District Court (Cap. 336H) (“RDC”). If the defendant does not intend to contest such a claim, the defendant may also indicate an intention to apply for a stay of execution by writ of fieri facias. Once properly acknowledged, this gives an automatic 14-day stay of execution, and if the relevant summons is served, the stay continues until that summons has been heard. 

The Acknowledgment of Service must be signed either by the defendant personally, if acting in person, or by the defendant’s Hong Kong solicitor. It cannot be signed by a solicitor practising outside Hong Kong, and it cannot be signed by an agent acting only under a power of attorney. If the acknowledgment is made on behalf of a corporation by an authorized person, the form should expressly state that the person is duly authorized.