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Received a court summons but can’t attend? OneSec’s “Court Representation” service allows you to authorize a qualified person, including a lawyer or corporate secretary, to appear in court and manage all necessary documents and procedures on your behalf.
Received a court summons but missed the hearing because you were busy, forgot, or chose to ignore it? This is not a minor matter! Under Hong Kong law, if you are summoned to court but fail to appear without a valid reason, the consequences can be severe, depending on the nature of the case.
If you are a defendant, witness, or party to a case and are absent without a valid reason, a judge can issue an arrest warrant authorizing the police to bring you to court. This is one of the most common legal consequences of receiving a court summons but failing to appear without cause.
Especially in civil cases, if you are the defendant but fail to appear in court, the court can issue a judgment directly in your absence (and this judgment is usually very unfavorable to you). Missing this step may mean you don't even have the opportunity to appeal!
In certain cases, especially criminal or traffic offences, repeatedly ignoring a court summons may result in the court imposing fines, and in serious situations, short-term imprisonment.
If you are unable to appear in court, you may authorize a lawyer or qualified person to appear on your behalf. The following are the documents and materials you will need to prepare:
This is an official document issued by the court, which will specify the case number, the date of appearance, the court location, and the nature of the case (such as summary proceedings, civil case, and so forth). This document is the core of the court appearance arrangement, and the agent must prepare it in accordance with the summons.
The power of attorney must be signed by the party concerned, authorizing a specific person or company to appear in court on their behalf. The power of attorney should clearly state the name, ID card or passport number of the authorizing party, the information of the authorized person, the scope of authorization, and the effective date. It is recommended that a lawyer or qualified person assist in drafting the power of attorney and that it be properly signed.
OneSec provides a one-stop service to assist you with court appearances, covering everything from preparing the authorization letter to communicating with the court on your behalf.