Chapter: | 4A | THE RULES OF THE HIGH COURT | Gazette Number | Version Date |
| | Empowering section | 25 of 1998 | 01/07/1997 |
Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 THE RULES OF THE HIGH COURT (25 of 1998 s. 2) (Cap 4, section 54) [These rules (other than Order 75) } 1 May 1988 Order 75 } 24 February 1989 3 of 1989 s. 5] (Originally L.N. 117 of 1988) Order: | 1 | CITATION, APPLICATION, INTERPRETATION AND FORMS | L.N. 265 of 2009 | 01/01/2010 |
PRELIMINARY
- Citation (O. 1, r. 1)
- These rules may be cited as the Rules of the High Court. (25 of 1998 s. 2)
- Application (O. 1, r. 2)
- (1)
- Subject to the following provisions of this rule, these rules shall have effect in relation to all proceedings in the High Court.
- (2)
- These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the second column of that Table)-
TABLE
Proceedings Enactments - Bankruptcy proceedings. Bankruptcy Ordinance (Cap 6), section 113.
- Proceeding relating to the winding-up of Companies Ordinance (Cap 32), section 296. companies.
- Non-contentious or common form probate Probate and Administration Ordinance (Cap 10), proceedings. section 72.
- Proceedings in the Court when acting as a Prize Prize Courts Act 1894, section 3.
Court.
- (Repealed 81 of 1997 s. 59)
- Matrimonial proceedings. Matrimonial Causes Ordinance (Cap 179),
sections 10 and 54. (HK)7. Adoption proceedings. Adoption Ordinance (Cap 290), section 12. (HK)8. Proceedings under the Domestic and Cohabitation Domestic and Cohabitation Relationships
Relationships Violence Ordinance (Cap 189). Violence Ordinance (Cap 189), section 8. (18 of 2009 s. 18)
(3) These rules shall not have effect in relation to any criminal proceedings other than any criminal proceedings
to which Order 53, Order 59, Order 62, Order 70, Order 115, Order 115A, Order 116, Order 117, Order 118 or Order 119 applies. (L.N. 282 of 1989; L.N. 403 of 1992; L.N. 156 of 1995; L.N. 242 of 1996; L.N. 222 of 1997; L.N. 152 of 2008) - (4) In the case of the proceedings mentioned in paragraphs (2) and (3), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Ordinance or any other Ordinance) by virtue of which the Rules of the High Court or any provisions thereof are applied in relation to any of those proceedings.
- (5) These rules do not have effect in relation to an election petition lodged under an enactment specified in the first column of the following Table, except to the extent that the practice and procedure of the High Court are applied to that election petition by virtue of an enactment specified in the second column of the Table-
TABLE - 1. Legislative Council Ordinance (Cap Legislative Council (Election Petition) Rules (Cap 542 542), Part VII. sub. leg. F), rule 2.
- 2. District Councils Ordinance (Cap 547), District Councils (Election Petition) Rules (Cap 547 sub. Part V. leg. C), rule 2.
- 3. Chief Executive Election Ordinance Chief Executive Election (Election Petition) Rules (Cap (Cap 569), Part 6. 569 sub. leg. E), section 3.
- 4. Village Representative Election Village Representative (Election Petition) Rules (Cap 576 Ordinance (Cap 576), Part 5. sub. leg. B), section 2.
(L.N. 152 of 2008) (25 of 1998 s. 2) - 3. Application of Interpretation and General Clauses Ordinance (O. 1, r. 3)
- The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies to subsidiary legislation made after the commencement of that Ordinance.
- 4. Definitions (O. 1, r. 4)
(1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely- "aided person" (受助人) means an aided person within the meaning of the Legal Aid Ordinance (Cap 91); (L.N. 152
of 2008) "Amendment Rules 2008" (《2008年修訂規則》) means the Rules of the High Court (Amendment) Rules 2008
(L.N. 152 of 2008); (L.N. 152 of 2008)
"an action for personal injuries" (就人身傷害而提出的訴訟) means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" (人身傷害) includes any disease and any impairment of a person's physical or mental condition;
(HK) "bailiff" (執達主任) means a bailiff of the Court and any person lawfully authorized to execute the process of the Court; "cause book" (訟案登記冊) means the book or other record kept in the Registry in which the letter and number of, and other details relating to, a cause or matter are entered; (L.N. 275 of 1998) (HK) "Full Bench" (合議庭) means a Bench consisting of 2 or more Judges of the Court of First Instance; (25 of 1998 s. 2) "judgment rate" (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) of the Ordinance; (18 of 2003 s. 12) "master" (聆案官) means a master of the High Court and includes the Registrar of the High Court and a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 99 of 1993; 25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "money lender's action" (放債人訴訟) has the meaning assigned to it by Order 83A;
"notice of intention to defend" (擬抗辯通知書) means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates;
"officer" (人員) means an officer of the High Court; (25 of 1998 s. 2)
"originating summons" (原訴傳票) means every summons other than a summons in a pending cause or matter;
"pleading" (狀書) does not include a petition, summons or preliminary act;
"practice direction" (實務指示) means
(a) a direction issued by the Chief Justice as to the practice and procedure of the Court; or
(b) a direction issued by a specialist judge for his specialist list; (L.N. 152 of 2008) "probate action" (遺囑認證訴訟) has the meaning assigned to it by Order 76; "receiver" (接管人) includes a manager or consignee; (HK) "Registrar" (司法常務官) means the Registrar of the High Court; and includes a Senior Deputy Registrar,
Deputy Registrar or Assistant Registrar of the High Court; (25 of 1998 s. 2; 10 of 2005 s. 165) (HK) "Registry" (登記處) means the Registry of the High Court; (25 of 1998 s. 2) (HK) "the Ordinance" (本條例) means the High Court Ordinance (Cap 4); (25 of 1998 s. 2) "vacation" (休庭期) means the interval between sittings of the High Court as prescribed by Order 64; (25 of 1998 s.
2) "writ" (令狀) means a writ of summons; (HK) "written law" (成文法律) includes "Ordinance" and "enactment" as defined in section 3 of the Interpretation
and General Clauses Ordinance (Cap 1). (L.N. 152 of 2008) - (2) In these rules, unless the context otherwise requires, "the Court" (法院、法庭) means the Court of First Instance or any one or more of the judges thereof whether sitting in court or in chambers or the Registrar or any
- master but the foregoing provision shall not be taken as affecting any provision of these rules and, in particular, Order 32, rule 11 by virtue of which the authority and jurisdiction of the Registrar is defined and regulated. (25 of 1998 s. 2)
- (3) In these rules unless the context otherwise requires, any reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Registry an acknowledgment of service of that document or, as the case may be, a notice of intention to defend those proceedings.
- 5. Construction of references to Orders, rules, etc. (O. 1, r. 5)
- (1) Unless the context otherwise requires, any reference in these rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or that Appendix to, these rules and any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the reference occurs.
- (2) Any reference in these rules to anything done under a rule of these rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.
- (3) Except where the context otherwise requires, any reference in these rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.
- 6. Construction of references to action, etc. for possession of land (O. 1, r. 6)
Except where the context otherwise requires, references in these rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the land or to the possession thereof.
(29 of 1998 s. 105)
(HK)7A. Construction of references to Registrar (O. 1, r. 7A)
(HK) Wherever the word "Registrar" appears in these rules and forms there may be substituted the word "Master" when and where appropriate.
9. Forms (O. 1, r. 9)
(1) The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case require.
10. Rules not to exclude conduct of business by post (O. 1, r. 10)
Nothing in these rules shall prejudice any power to regulate the practice of the Court by giving directions enabling any business or class of business to be conducted by post. (Enacted 1988) Order: | 1A | OBJECTIVES | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
1. Underlying objectives (O. 1A, r. 1)
The underlying objectives of these rules are - (a)
- to increase the cost-effectiveness of any practice and procedure to be followed in relation to proceedings before the Court;
- (b)
- to ensure that a case is dealt with as expeditiously as is reasonably practicable;
- (c)
- to promote a sense of reasonable proportion and procedural economy in the conduct of proceedings;
- (d)
- to ensure fairness between the parties;
- (e)
- to facilitate the settlement of disputes; and
- (f)
- to ensure that the resources of the Court are distributed fairly.
2. Application by the Court of underlying objectives (O. 1A, r. 2) - (1)
- The Court shall seek to give effect to the underlying objectives of these rules when it-
- (a)
- exercises any of its powers (whether under its inherent jurisdiction or given to it by these rules or otherwise); or
- (b)
- interprets any of these rules or a practice direction.
- (2)
- In giving effect to the underlying objectives of these rules, the Court shall always recognize that the primary aim in exercising the powers of the Court is to secure the just resolution of disputes in accordance with the substantive rights of the parties.
- Duty of the parties and their legal representatives (O. 1A, r. 3)
- The parties to any proceedings and their legal representatives shall assist the Court to further the underlying objectives of these rules.
- Court's duty to manage cases
(O. 1A, r. 4) - (1)
- The Court shall further the underlying objectives of these rules by actively managing cases.
- (2)
- Active case management includes-
- (a)
- encouraging the parties to co-operate with each other in the conduct of the proceedings;
- (b)
- identifying the issues at an early stage;
- (c)
- deciding promptly which issues need full investigation and trial and accordingly disposing summarily
of the others;
- (d)
- deciding the order in which the issues are to be resolved;
- (e)
- encouraging the parties to use an alternative dispute resolution procedure if the Court considers that appropriate, and facilitating the use of such a procedure;
- (f)
- helping the parties to settle the whole or part of the case;
- (g)
- fixing timetables or otherwise controlling the progress of the case;
- (h)
- considering whether the likely benefits of taking a particular step justify the cost of taking it;
- (i)
- dealing with as many aspects of the case as practicable on the same occasion;
- (j)
- dealing with the case without the parties needing to attend at court;
- (k)
- making use of technology; and
- (l)
- giving directions to ensure that the trial of a case proceeds quickly and efficiently.
(L.N. 152 of 2008) Order: | 1B | CASE MANAGEMENT POWERS | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
1. Court's general powers of management (O. 1B, r. 1) - (1)
- The list of powers in this rule is in addition to and not in substitution for any powers given to the Court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.
- (2)
- Except where these rules provide otherwise, the Court may by order-
- (a)
- extend or shorten the time for compliance with any rule, court order or practice direction (even if an application for extension is made after the time for compliance has expired);
- (b)
- adjourn or bring forward a hearing;
- (c)
- require a party or a party's legal representative to attend the Court;
- (d)
- direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
- (e)
- stay the whole or part of any proceedings or judgment either generally or until a specified date or event;
- (f)
- consolidate proceedings;
- (g)
- try two or more claims on the same occasion;
- (h)
- direct a separate trial of any issue;
- (i)
- decide the order in which issues are to be tried;
- (j)
- exclude an issue from consideration;
- (k)
- dismiss or give judgment on a claim after a decision on a preliminary issue;
- (l)
- take any other step or make any other order for the purpose of managing the case and furthering the underlying objectives set out in Order 1A.
- (3)
- When the Court makes an order, it may
- (a)
- make it subject to conditions, including a condition to pay a sum of money into court; and
- (b)
- specify the consequences of failure to comply with the order or a condition.
- (4)
- Where a party pays money into court following an order under paragraph (3), the money is security for any sum payable by that party to any other party in the proceedings.
2. Court's power to make order of its own motion (O. 1B, r. 2) - (1)
- Except where a rule or some other enactment provides otherwise, the Court may exercise its powers on an application or of its own motion.
- (2)
- Where the Court proposes to make an order of its own motion-
- (a)
- it may give any person likely to be affected by the order an opportunity to make representations; and
- (b)
- where it does so, it shall specify the time by and the manner in which the representations must be made.
- (3)
- Where the Court proposes-
(a) to make an order of its own motion; and
- (b)
- to hold a hearing to decide whether to make the order, it shall give each party likely to be affected by the order at least 3 days' notice of the hearing.
- (4)
- The Court may make an order of its own motion, without hearing the parties or giving them an opportunity to make representations.
- (5)
- Where the Court has made an order under paragraph (4)-
- (a)
- a party affected by the order may apply to have it set aside, varied or stayed; and
- (b)
- the order must contain a statement of the right to make such an application.
- (6)
- An application under paragraph (5)(a) must be made-
- (a)
- within such period as may be specified by the Court; or
- (b)
- if the Court does not specify a period, not more than 14 days after the date on which notice of the order was sent to the party making the application.
3. Court's power to give procedural directions by way of order nisi
(O. 1B, r. 3) - (1)
- Where the Court considers that it is necessary or desirable to give a direction on the procedure of the Court and that the direction is unlikely to be objected to by the parties, it may of its own motion and without hearing the parties, give the direction by way of an order nisi.
- (2)
- The order nisi becomes absolute 14 days after the order is made unless a party has applied to the Court for varying the order.
(L.N. 152 of 2008) Order: | 2 | EFFECT OF NON-COMPLIANCE | L.N. 152 of 2008; L.N. 18 of 2009 | 02/04/2009 |
1. Non-compliance with Rules (O. 2, r. 1) - (1)
- Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
- (2)
- Subject to paragraph (3), the Court may, on the ground that there has been such failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
- (3)
- The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings ought to have begun by an originating process other than the one employed, but shall instead give directions for the continuation of the proceedings in an appropriate manner. (L.N. 152 of 2008)
2. Application to set aside for irregularity (O. 2, r. 2) - (1)
- An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
- (2)
- An application under this rule may be made by summons or notice of motion and the grounds of objection must be stated in the summons or notice of motion. (L.N. 152 of 2008)
3. Non-compliance with rules and court orders (O. 2, r. 3) - (1) The Court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule or court order.
- (2) When exercising its power under paragraph (1), the Court shall have regard to
- (a) the amount in dispute; and
- (b) the costs which the parties have incurred or which they may incur.
- (3) Where a party pays money into court following an order under paragraph (1), the money is security for any sum payable by that party to any other party in the proceedings.
(L.N. 152 of 2008)
4. Sanctions have effect unless defaulting party obtains relief (O. 2, r. 4)
Where a party has failed to comply with a rule or court order, any sanction for failure to comply imposed by the rule or court order has effect unless the party in default applies to the Court for and obtains relief from the sanction within 14 days of the failure.
(L.N. 152 of 2008)
5. Relief from sanctions (O. 2, r. 5) - (1) On an application for relief from any sanction imposed for a failure to comply with any rule or court order, the Court shall consider all the circumstances including-
- (a) the interests of the administration of justice;
- (b) whether the application for relief has been made promptly;
- (c) whether the failure to comply was intentional;
- (d) whether there is a good explanation for the failure to comply;
- (e) the extent to which the party in default has complied with other rules and court orders;
- (f) whether the failure to comply was caused by the party in default or his legal representative;
- (g) in the case where the party in default is not legally represented, whether he was unaware of the rule or court order, or if he was aware of it, whether he was able to comply with it without legal assistance;
- (h) whether the trial date or the likely trial date can still be met if relief is granted;
- (i) the effect which the failure to comply had on each party; and
- (j) the effect which the granting of relief would have on each party.
- (2) An application for relief must be supported by evidence.
(L.N. 152 of 2008) (Enacted 1988)
1. "Month" (月) means calendar month (O. 3, r. 1)
Without prejudice to section 3 of the Interpretation and General Clauses Ordinance (Cap 1) in its application to these rules, the word "month" (月), where it occurs in any judgment, order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context otherwise requires.
(25 of 1998 s. 2)
2. Reckoning periods of time (O. 3, r. 2) - (1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
- (2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
- (3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
- (4) Where the act is required to be done a specified number of clear days before or after a specified date, at
least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Sunday or a general holiday, that day shall be excluded.
In this paragraph "general holiday" (公眾假期) means a day which is, or is to be observed as, a general holiday under the General Holidays Ordinance (Cap 149). (35 of 1998 s. 5) - 3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
- Unless the Court otherwise directs, the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
- 4. Time expires on Sunday, etc. (O. 3, r. 4)
- Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at an office of the Court expires on a Sunday or other day on which that office is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which that office is open.
- 5. Extensions, etc., of time (O. 3, r. 5)
- (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules, or by any judgment, order or direction, to do any act in any proceedings.
- (2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
- (3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
- (4) In this rule references to the Court shall be construed as including references to the Court of Appeal and a single judge of that Court.
6. Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this rule. (Enacted 1988)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
COMMENCEMENT AND PROGRESS OF PROCEEDINGS