How to File a Defence in Hong Kong Without a Lawyer

A step-by-step guide for litigants in person in the High Court and District Court

You have been served with a Writ of Summons. The clock is running. You do not have a lawyer, and you may not be able to afford one. This guide explains exactly what you need to do, in what order, and by when.

This is not legal advice. It is a procedural roadmap. If your case involves significant sums or complex issues, you should seek professional help — but you should never miss a deadline because you could not find a lawyer in time.

First Things First: Understand What You Have Received

In Hong Kong civil proceedings, the most common way a claim is started is by a Writ of Summons (Form No. 1). Attached to it will be an Acknowledgement of Service (Form No. 14). The Writ may also have a Statement of Claim endorsed on it — that is the document setting out what the plaintiff says you did wrong and what they want from you.

Read everything. Read it twice. Do not panic, but do not ignore it either. Ignoring a Writ is one of the most expensive mistakes you can make, because the plaintiff can apply for default judgment against you — meaning they win without a trial.

The Two Critical Deadlines

There are two deadlines that matter immediately, and missing either one can be catastrophic.

Deadline 1: Acknowledgement of Service — 14 days after service of the Writ. You must complete Form No. 14 and file it at the court registry. This form asks one key question: do you intend to defend? Tick "yes." This buys you time. For an individual defendant, service is treated as occurring on the day the Writ is delivered to you personally, or on the seventh day after posting or insertion through your letter box (Order 10, Rules of the High Court, Cap. 4A; similarly under the Rules of the District Court, Cap. 336H).

Deadline 2: Defence — 28 days after the time limit for acknowledgement of service expires. If the Statement of Claim was endorsed on the Writ, your Defence must be filed and served within 28 days after the 14-day acknowledgement period. If the Statement of Claim was served separately, you have 28 days from the date it was served on you (Order 18, RHC/RDC). In practice, you typically have around 42 days from service of the Writ to file your Defence. But count the days carefully — courts do not grant extensions lightly.

Both deadlines apply identically in the High Court (Court of First Instance) and the District Court. The procedural rules mirror each other on this point.

Step 1: File the Acknowledgement of Service

Obtain Form No. 14 from the court registry (High Court Registry at 38 Queensway, or the District Court Registry at Wanchai Tower). You can also find the form on the Hong Kong Judiciary website.

Complete the form. Indicate that you intend to defend. Provide your address for service — this must be an address in Hong Kong. If you do not reside in Hong Kong, you must still provide a Hong Kong address to which communications can be sent.

File the completed form at the relevant registry and serve a copy on the plaintiff (or the plaintiff's solicitors). Keep a copy stamped by the registry for your records. This step is administrative, not substantive — you are telling the court that you are present and intend to fight.

Step 2: Analyse the Statement of Claim

Before you write your Defence, understand the claim against you. The Statement of Claim should identify the legal basis of the claim (breach of contract, negligence, fraud, etc.), the material facts the plaintiff relies on, and the relief or remedy sought (usually money, but sometimes an injunction or declaration).

Go through it paragraph by paragraph. For each allegation, ask: is this true, false, or do I genuinely not know? Your Defence must respond to each allegation. There is no room for vagueness.

Step 3: Draft Your Defence

There is no prescribed form for a Defence, but it must follow certain rules.

Structure it paragraph by paragraph, responding to each paragraph of the Statement of Claim. For each allegation, you must either admit it, deny it, or state that you do not admit it (meaning you require the plaintiff to prove it). Do not leave any allegation unanswered — silence is treated as an admission.

Set out your version of events. If you deny an allegation, explain why. If you have a different account of the facts, state it clearly. Do not argue your case — state the facts. Argument comes later, at trial.

Plead any positive defences. If you have a defence such as limitation (the claim was brought too late under the Limitation Ordinance, Cap. 347), set-off, accord and satisfaction, estoppel, or any other affirmative defence, you must plead it specifically. A defence not pleaded is a defence lost.

If you have your own claim against the plaintiff, you can include it as a counterclaim in the same document, titled "Defence and Counterclaim." The counterclaim must meet the same standards as a Statement of Claim — setting out the facts, the legal basis, and the relief sought. Be aware that a counterclaim is a separate claim: the plaintiff will have 28 days to file a Defence to Counterclaim.

Under Order 41A of the RHC and RDC, your Defence must be verified by a Statement of Truth — a signed statement confirming that you believe the facts stated in the Defence to be true. It goes at the end of the document and must be signed by you personally. Signing a false Statement of Truth can amount to contempt of court.

Step 4: File and Serve the Defence

File the Defence at the court registry and serve a copy on the plaintiff or their solicitors. Service can be effected by post, by hand, or by email if agreed. Keep proof of filing and service.

If you cannot meet the 28-day deadline, you can ask the plaintiff's solicitors to agree an extension in writing (Order 3, rule 5, RHC/RDC permits extension by consent). Alternatively, you can apply to the court for an extension of time — ideally before the deadline expires.

Step 5: What Happens Next

After the Defence is filed, the plaintiff may file a Reply within 28 days. Once the pleadings are closed, the case enters the case management phase under Practice Direction 5.2. The parties must file Timetabling Questionnaires. If one or more parties is unrepresented, the plaintiff must take out a Case Management Summons. The court will give directions for disclosure of documents, exchange of witness statements, expert evidence, and setting down for trial.

The Resource Centre for Unrepresented Litigants at Room LG105, High Court Building, provides free procedural guidance, template forms, and educational leaflets. It will not give legal advice or prepare documents for you, but it can help you understand the procedure. Use it.

The District Court: Key Differences

The procedure in the District Court is virtually identical to the High Court for filing a Defence. The same deadlines apply. The same Statement of Truth requirements apply (Order 41A, RDC). The same case management framework operates.

The main difference is jurisdiction. The District Court hears claims where the amount in dispute does not exceed HK$3,000,000. Filing fees are lower and the procedure tends to be somewhat faster. But the procedural steps for filing a Defence are the same.

A limited company defendant in either court must obtain leave from a Practice Master to be represented by a director, supported by an affidavit and a board resolution. Individuals may act in person without leave.

Common Mistakes to Avoid

Missing deadlines. If you fail to file an Acknowledgement of Service or a Defence within time, the plaintiff can enter default judgment. In a liquidated claim (a fixed sum), the plaintiff enters judgment for the amount claimed plus costs without a hearing. In an unliquidated claim, the plaintiff enters interlocutory judgment on liability and has damages assessed separately.

Filing a bare denial. Simply writing "denied" next to every allegation is not a Defence. You must set out your positive case.

Failing to plead limitation. If the claim was brought outside the limitation period (typically six years for contract and tort under Cap. 347), this is a complete defence — but only if you plead it. The court will not raise it for you.

Not keeping copies. Every document you file, serve, or receive should be copied and stored in chronological order. This is your case file. You will need it at trial.

Free and Low-Cost Legal Help in Hong Kong

The Duty Lawyer Service provides limited free legal advice at certain courts. The Legal Aid Department may fund your representation if you meet the means and merits tests. The Free Legal Advice Scheme operated by the Law Society of Hong Kong offers 45-minute consultations. The Resource Centre for Unrepresented Litigants provides procedural guidance at the High Court and District Court.

The rules and deadlines in this article are based on the Rules of the High Court (Cap. 4A), the Rules of the District Court (Cap. 336H), and the Practice Directions issued by the Hong Kong Judiciary, current as of 2025. Always check the latest position at www.judiciary.hk.

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