SUPREME COURT ORDINANCE

SUPREME COURT ORDINANCE

LAWS OF HONG KONG

SUPREME COURT ORDINANCE

CHAPTER 4





CHAPTER 4

SUPREME COURT ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ............................................
...............................5
2. Interpretation ........................ 5

PART 11

THE SUPREME COURT

3. Supreme Court .........................6
4. Constitution of High Court ............ 6

5. Constitution of Court of Appeal .................................................. 7
6. Appointment of judges ................. 7

7. Precedence ...1 .......................7
8. Acting appointments ..................................................................... 8

9. Professional qualifications of judges .8
10. Appointment of deputy judges .........10.
11. Powers of deputy judges in cases which are part-heard on termination of
appointment ..............................10

PART 111

JURISDICTION, LAW,PRACTICE AND POWERS

12. Jurisdiction of High Court ...........10
12A. Admiralty jurisdiction of High Court 11
12B. Mode of exercise of Admiralty jurisdiction 14
12C. Restrictions on entertainment of actions in personam in collision and other
similar cases ............................15
12D. High Court not to have jurisdiction in cases within Rhine Navigation

Convention .......................................... 16
12E. Supplementary provisions as to Admiralty jurisdiction 16

13. Jurisdiction of Court of Appeal....... 17
14. Appeals in civil matters ............. 18

15. Application for new trial ................. 19
16. Law and equity to be administered in Supreme Court 19





Section Page

17. Power to award damages as well as, or in substitution for, injunction or

specific performance ....................20
18-19. (Repealed) .......................20

20........................................Power of High Court to impose charging order 20
20A.......................................Property which may be charged 21
20B.......................................Provisions supplementary to sections 20 and 20A 22
21........................................Attachment of debts 23
21A.......................................No arrest or imprisonment without order 23
21B.......................................Prohibition on debtor leaving Hong Kong 24
21C.......................................Effect of writs of execution against goods 26
21D.......................................Sale of property in execution of judgment 26
21E.......................................Enforcement of fines and forfeited recognizances 27
21F.......................................Relief against forfeiture by action for non-payment of rent 28
21G.......................................Service of writ in lieu of demand 29
21H.......................................Interpretation and application of sections 21 F, 2 1 G and 21 H 29
211.......................................Orders of mandamus, prohibition and certiorari 30

21J. Injunction to restrain persons acting in offices in which they are not entitled to

act ...................................30
21K.......................................Application for judicial review 31
21L.......................................Injunction and receiver 32
22........................................(Repealed) 33
23........................................Habeas corpus 33
24........................................Appeal in habeas corpus proceedings 33
25........................................Power of High Court to vary sentence on certiorari 33
25A.......................................Execution of instruments by order of High Court 34

26. Wards of court ..........................
34

27........................................Vexatious litigants 35

PART IV

SITTINGS AND DISTRIBUTION OF
BUSINESS

28........................................Sittings of Supreme Court and distribution of business 35
29........................................Vacations 35
30........................................Business in vacations 36
31........................................Computation of vacation period and validity of acts therein 36
32........................................Proceedings in High. Court to be disposed of by single judge 36
32A.......................................Proceedings in court and in chambers 37
33........................................Powers of judge in chambers 37
33A.......................................Trial by jury in the High Court 37

34. Sittings of Court.................of Appeal
.............................................................................. 38





Section.................................... Page
34A........................................Powers of single Justice of Appeal in Court of Appeal in its criminal

jurisdiction ........................... 39

34B.......................................Composition of Court of Appeal in its civil jurisdiction 39

35. Powers of single judge in Court of Appeal ...............................
40

36........................................Acts required to be done by Chief Justice may also be done by any judge 41

PART V

REGISTRAR AND OTHER OFFICERS

37........................................Registrar of Supreme Court 41
38........................................Jurisdiction, powers and duties of Registrar 41

38A............................Bailiff ..................................
41

39........................................Protection of Registrar 42
40........................................Registrar may apply for order 42

PART VI

DISCOVERY RELATED PROCEDURES

41. Power of High Court to order disclosure, etc. of documents before

commencement of proceedings ........42

42. Extension of powers of High Court to order disclosure of documents,

inspection of property, etc . .........43
43........................................Provisions supplementary to sections 41 and 42 44
44........................................Powers of High Court exercisable before commencement of action 44
44A.......................................Withdrawal of privilege against incrimination of self or spouse in certain
proceedings ...........................45
45........................................Application to Crown of sections 41 to 44 46
PART VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
Writs
46........................................Writs 46
Judges
47........................................Judges to be justices of the peace ex officio 47
Interest
48........................................Interest on claims for debt and damages 47
49........................................Interest on judgments 48
Contempt of court
so........................................Appeal in cases of contempt of court 48





Section.................................... Page
Seal, Expenses and Costs
51........................................Seal of Supreme Court 49
52........................................Expenses 49
52A........................................Costs in High Court and Court of Appeal in its civil jurisdiction 50

.................Assessors
53..................Assessors
.............................................................. 50

Rules
54........................................Rules of court so
55........................................Rules Committee 53
55A.......................................Rules concerning commencement of proceedings in respect of estates of
deceased persons ......................53
55B.......................................Rules as to proof of facts and admission of statements in civil proceedings 54
55C.......................................Rules as to stop orders and notices 57
56........................................Orders for interim payment 57
56A.......................................Orders for provisional damages for personal injuries 58
57........................................Rules concerning deposit, etc. of moneys, etc. in Supreme Court 59
PART VIII
GENERAL
58........................................(Had its effect 60
59........................................Amendment of references in laws to Full Court and Supreme Court 60
60........................................Transitional 60
61........................................No action for false imprisonment 61
62........................................Transitional 61

Schedule...................................Writs
..............................................................................................................
61





CHAPTER 4

SUPREME COURT

To amend and consolidate the law relating to the constitution, jurisdiction, practice
and powers of the Supreme Court and the administration of justice therein and
for matters ancillary thereto and connected therewith.

[20 February 19761 L.N. 50 of 1976

Originally 92 of 1975 100 of 1970,50 of 1976,20 of 1979,79 of 1979,53 of 1980,79 of 1981,43
of 1982, 44 of 1982, 52 of 1982, 24 of 1983, 49 of 1983, 1 of 1984, 56 of 1985, 40 of
1986, 52 of 1987, R. Ed. 1987,3 of 1989,

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as the Supreme Court Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

,,action' means a civil proceeding commenced by writ of summons or in such other
manner as may be prescribed by any law;

'appeal' in the context of appeals to the Court of Appeal in its civil jurisdiction
includes

(a) an application for a new trial; and

(b)an application to set aside a verdict, finding or judgment in any cause
or matter in the High Court which has been tried, or in which any
issue has been tried, by a jury; (Added 52 of 1987 s.2)

'application for habeas corpus' means an application for a writ of habeas corpus ad
subjiciendum and references to a criminal application or civil application shall
be construed according as the application does or does not constitute a
criminal cause or matter;

'cause' means any action or any criminal proceeding; (Replaced 52 of 1987 s.2)

'defendant' includes any person served with any writ of summons or process, or
served with notice of, or entitled to attend, any proceedings;





'deputy judge' means a deputy judge of the High Court appointed under
section10(1); (Added49 of 1983s.2)

'Government stock' means any stock issued by the Government or any funds of or
annuity granted by the Government; (Added52 of 1987s. 2)

'High Court' means the High Court of Justice;

'judgment' includes decree;

'Justice of Appeal' includes a judge of the High Court sitting as an additional judge
of the Court of Appeal under section 5(2); (Added52 of 1987s. 2)

'land' includes

(a) land covered by water;

(b) any estate, right, interest or easement in or over any land; and

(c)things attached to land or permanently fastened to anything attached
to land; (Replaced 52 of 1987s. 2)

'Master' has the meaning given to it by section 37; (Added 52 of 1987s. 2)

'matter' includes every proceeding not in a cause;

'party' includes every person served with notice of or attending any proceeding,
although not named on the record;

'plaintiff' includes every person asking any relief (otherwise than by way of counter-
claim as a defendant) against any other person by any form of proceeding,
whether the proceeding is by action, suit, petition, motion, summons or
otherwise;

'prescribed' means prescribed by rules of court;

'Registrar' means the Registrar of the Supreme Court;

'Registry' means any Registry of the Supreme Court.

(Amended 49 of 1983 s. 2)

PART II

THE SUPREME
COURT

3. Supreme Court

(1) There shall be a Supreme Court of Hong Kong consisting of the High Court
of Justice and the Court of Appeal. (Amended 52 of 1987s. 3)

(2) Subject to the provisions of this Ordinance, the Supreme Court shall be a
court of unlimited civil and criminal jurisdiction.

[cf. 1925 c. 49 s. 1 U.K.]

4. Constitution of High Court

(1) The High Court shall consist of-
(a) the Chief Justice;
(b) such judges as the Governor may appoint; and





(c)such deputy judges as the Chief Justice may appoint. (Added52 of
1987 s. 4)

(2) A Justice of Appeal may sit in the High Court and act as a judge thereof
whenever the business of the High Court so requires, in which case he shall have all
the jurisdiction, powers and privileges of such ajudge.

(3) (Repealed 52 of 1987s. 4)

5. Constitution of Court of Appeal

(1) The Court of Appeal shall consist of

(a) the Chief Justice; and

(b) such Justices of Appeal as the Governor may appoint.

(IA) The Chief Justice may appoint one or more of the Justices of Appeal as
vice-presidents of the Court of Appeal. (Added52 of 1987s. 5)

(2) A judge of the High Court may, on the request of the Chief Justice, sit as an
additional judge of the Court of Appeal, in which case he shall have all the
jurisdiction, powers and privileges of ajudge of the Court of Appeal.

(3) The Chief Justice shall be the president of the Court of Appeal and, in his
absence for any cause, the presidency shall be determined in accordance with the
order of precedence prescribed in section 7.

6. Appointment of judges

(1) Ajudge of the Supreme Court, other than

(a) ajudge appointed under section 8(1) or(2); and

(b) adeputy judge, (Amended 49 of 1983s.3) shall be appointed by Letters
Patent under the Public Seal by the Governor, in accordance with such instructions
as the Governor may receive through a Secretary of State.

(2) Any appointment made under subsection (1) may be given effect from a date
anterior to that of the Letters Patent by which it is made:

Provided that nothing herein shall be deemed to authorize the discharge of any
judicial functions by any person so appointed before the date of the Letters Patent
or before the requirements of section 17 of the Oaths and Declarations Ordinance
(Cap. 11) have been fulfilled.

7. Precedence

(1) The judges of the Supreme Court shall take precedence in the following
order

(a) the Chief Justice;

(aa) the vice-presidents of the Court of Appeal who among themselves
shall rank according to the priority of their respective appoint

mentsasvice-presidents;(Added52of 1987s. 6)





(b)the Justices of Appeal (other than vice-presidents), who among
themselves shall rank according to the priority of their respective
appointments; (Amended52of 1987s. 6)

(c)the judges of the High Court, who among themselves shall rank
according to the priority of their respective appointments;

(d)deputy judges, who among themselves shall rank according to the
priority of their respective appointments:

Provided that, where the Governor is of the opinion that there
are sufficient reasons for so doing, he may determine the precedence
of deputy judges irrespective of the priority of their appointments.
(Amended 49 of 1983 s. 4)

(2) Notwithstanding subsection (1)(b) and (c), where the Secretary of State is
of the opinion that there are sufficient reasons for so doing, he may determine the
precedence of the Justices of Appeal or the judges of the High Court, as the case
may be, irrespective of the priority of their appointments.

8. Acting appointments

(1) If the office of Chief Justice or any Justice of Appeal becomes vacant, by
death or otherwise, the Governor may appoint another person, who is eligible to be
appointed to be a judge of the Supreme Court under section 9, to act in such office
until the vacancy therein is filled.

(2) If the Chief Justice or a Justice of Appeal is temporarily ill or absent, the
Governor may appoint another person, who is eligible to be appointed to be a judge
of the Supreme Court under section 9, to act in his office until he resumes the duties
thereof.

(Amended 52 of 1987 s. 7)

9. Professional qualifications of judges

(1) A person shall be eligible to be appointed to be ajudge of the Supreme
Court if

(a)he is qualified to practise as an advocate in a court in Hong Kong,
England, Scotland, Northern Ireland or the Republic of Ireland having
unlimited jurisdiction either in civil or criminal matters; or

(b)he is qualified as mentioned in paragraph (a) and prior thereto was
qualified to practise as a solicitor in such a court,

and, in either case, he has for at least 10 years practised as an advocate or solicitor
in such a court.

(2) A person shall also be eligible to be appointed to be a judge of the Supreme
Court if





(a)he is qualified to practise as an advocate in a court in Hong Kong,
England, Scotland, Northern Ireland or some other part of the
Commonwealth or the Republic of Ireland having unlimited
jurisdiction either in civil or criminal matters; or

(b)he is qualified as mentioned in paragraph (a) and prior thereto was
qualified to practise as a solicitor in such a court,
and, in either case, he has, subject to subsection (3), for at least 10 years(i)
been a member of the Colonial Legal Service;

(ii)been a member of the Legal Branch of Her Majesty's Overseas Civil
Service;

(iii) been a member of Her Majesty's Overseas Judiciary;

(iv) been a District Judge appointed in accordance with section 4 or 7 of
the District Court Ordinance (Cap. 336);

(v)been a permanent magistrate appointed by warrant under section 5 of
the Magistrates Ordinance (Cap. 227);

(vi) been a legal officer as defined in section 2 of the Legal Officers
Ordinance (Cap. 87);

(vii) held any office specified in the Registrar General (Establishment)
Ordinance (Cap. 100) appointment to which is restricted to persons
who are legally qualified; or

(viii) been a Director, Deputy Director, Assistant Director of Legal Aid or
Legal Aid Officer appointed in accordance with section 3 of the Legal
Aid Ordinance(Cap. 91). (Added50of1976s.2. Amended 24 of 1983 s.
7)

(2A) A person shall also be eligible to be appointed to be a judge of the
Supreme Court if

(a)he is a solicitor of a court in Hong Kong, England, Scotland, Northern
Ireland or some other part of the Commonwealth or the Republic of
Ireland having unlimited jurisdiction either in civil or criminal matters;

(b)he is and has been for the previous 2 years at least, and in aggregate
for at least 5 years, employed in the service of the Crown in Hong
Kong on judicial or legal work; and

(c) he has, subject to subsection (4), for at least 10 years either--(i)
practised as an advocate or solicitor in such a court; or

(ii) been employed in such service as is described in paragraph (b).
(Added 44 of 1982 s. 2)

(3) For the purposes of calculating the period of 10 years referred to in
subsection (2), periods of less than 10 years falling within any of paragraphs (i) to
(viii) of that subsection may be combined, and there may be included in such period,
any period of practice as an advocate or solicitor in any of the courts

referred to in subsection (2)(a).(Amended50 of1976s. 2)





(4) For the purposes of calculating the period of 10 years referred to in
subsection (2A)(c) there may be included any period of less than 10 years falling
within any of paragraphs (i) to (viii) of subsection (2), and periods of less than 10
years falling within subparagraphs (i) and (ii) of subsection (2A)(c) may be
combined. (Added 44 of 1982 s. 2)

10. Appointment of deputy judges

(1) The Chief Justice may appoint a person, who is eligible to be appointed to be
a judge of the Supreme Court under section 9, to be a deputy judge of the High Court
if- (Amended 44 of 1982 s. 3)

(a)the office of any judge of the High Court becomes vacant for any
reason; or

(b)he considers that the interests of the administration of justice require
that a deputy judge should be appointed temporarily.

(2) Subject to the terms of his appointment, a deputy judge shall have and may
exercise all the jurisdiction, powers and privileges and shall have and perform all the
duties of a judge of the High Court, and any reference in any law to such a judge
shall be construed accordingly.

(3) Without prejudice to the powers conferred on him by subsection (1), the
Chief Justice may appoint a deputy judge under that subsection

(a) for the purposes of a specified case or class of cases only; or

(b) for a specified period only.

(4) Notwithstanding subsection (2), the Chief Justice may terminate the
appointment of a deputy judge at any time.

(Amended 49 of 1983 s. 5)

11. Powers of deputy judges in cases which are

part-heard on termination of appointment

If the hearing of any proceedings before a deputy judge is adjourned or if he
reserves judgment in any proceedings, the deputy judge shall have power to resume
the hearing and determine the proceedings or deliver judgment, notwithstanding that
his appointment as a deputy judge has expired or has been terminated.

(Amended 49 of 1983 s. 5)

PART 111

JURISDICTION, LAW, PRACTICE AND
POWERS

12. Jurisdiction of High Court

(1) The High Court of Justice shall be a superior court of record.





(2) The civil jurisdiction of the High Court shall consist of-

(a)original jurisdiction and authority of a like nature and extent as that
held and exercised by the Chancery, Family and Queen's Bench
Divisions of the High Court of Justice in England; and

(b)any other jurisdiction, whether original or appellate jurisdiction,
conferred on it by any law.

(3) The criminal jurisdiction of the High Court shall consist of

(a)original jurisdiction of a like nature and extent as that held and
exercised in criminal matters by the High Court of Justice and the
Crown Court in England respectively; and

(b)any other jurisdiction, whether original or appellate jurisdiction,
conferred on it by any law.

(4) The High Court shall have in addition such jurisdiction as may be exercised
in England and Wales by the Lord Chancellor and nominated judges of the Supreme
Court of England and Wales under Part VII of the Mental Health Act 1983 (1983 c. 20
U.K.) and in relation to such jurisdiction the rules of procedure made under that Part
shall apply. (Amended52of 1987s. 8)

12A. Admiralty jurisdiction of High Court

(1) The Admiralty jurisdiction of the High Court shall consist of-

(a)jurisdiction to hear and determine any of the questions and claims
mentioned in subsection (2);

(b)jurisdiction in relation to any of the proceedings mentioned in
subsection (3);

(c)any other Admiralty jurisdiction which it had immediately before the
commencement of the Supreme Court (Amendment) Ordinance 1989
(3 of 1989).

(2) The questions and claims referred to in subsection (1)(a) are

(a)any claim to the possession or ownership of a ship or to the
ownership of any share therein;

(b)any question arising between the co-owners of a ship as to
possession, employment or earnings of that ship;

(c)any claim in respect of a mortgage of or charge on a ship or any share
therein;

(d) any claim for damage received by a ship;

(e) any claim for damage done by a ship;
any claim for loss of life or personal injury sustained in
consequence of any defect in a ship or in her apparel or
equipment, or in consequence of the wrongful act, neglect or
default of-

(i) the owners, charterers or persons in possession or control of a
ship; or





(ii)the master or crew of a ship, or any other person for whose
wrongful acts, neglects or defaults the owners, charterers or
persons in possession or control of a ship are responsible,

being an act, neglect or default in the navigation or management of
the ship, in the loading, carriage or discharge of goods on, in or from
the ship, or in the embarkation, carriage or disembarkation of persons
on, in or from the ship;

(g) any claim for loss of or damage to goods carried in a ship;

(h)any claim arising out of any agreement relating to the carriage of
goods in a ship or to the use or hire of a ship;

(i)any claim in the nature of salvage (including any claim arising by
virtue of the application, by or under section 51 of the Civil Aviation
Act 1949 (1949 c. 67 U.K.) in its application to Hong Kong, of the law
relating to salvage to aircraft and their apparel and cargo);

(j)any claim in the nature of towage in respect of a ship or an aircraft;

(k)any claim in the nature of pilotage in respect of a ship or an aircraft;

(1)any claim in respect of goods or materials supplied to a ship for her
operation or maintenance;

(m)any claim in respect of the construction, repair or equipment of a ship
or in respect of dock charges or dues;

(n)any claim by a master or member of the crew of a ship for wages
(including any sum allotted out of wages or adjudged by a
superintendent to be due by way of wages);

(o)any claim by a master, shipper, charterer or agent in respect of
disbursements made on account of a ship;

(p)any claim arising out of an act which is or is claimed to be a general
average act;

(q) any claim arising out of bottomry;

(r)any claim for the forfeiture or condemnation of a ship or of goods
which are being or have been carried, or have been attempted to be
carried, in a ship, or for the restoration of a ship or any such goods
after seizure, or for droits of Admiralty;

(s)any claim arising under section 13 of the Prevention of Oil Pollution
Act 1971 (1971 c. 60 U.K.) in its application to Hong Kong.

3) The proceedings referred to in subsection (1)(b) are-

(a)any application to the High Court under the Merchant Shipping Acts
1894 to 1979 in their application to Hong Kong or the Merchant
Shipping Ordinance (Cap. 281) or the Merchant Shipping (Safety)
Ordinance (Cap. 369) other than an application





under section 55 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.)
for the appointment of a person to act as a substitute for a person
incapable of acting;

(b)any action to enforce a claim for damage, loss of life or personal
injury arising out of

(i) a collision between ships;

(ii)the carrying out of or omission to carry out a manoeuvre in the
case of 1 or more of 2 or more ships; or

(iii) non-compliance, on the part of 1 or more of 2 or more ships, with
the collision regulations;

(c)any action by shipowners or other persons under the Merchant
Shipping Acts 1894 to 1979 in their application to Hong Kong or the
Merchant Shipping Ordinance (Cap. 281) or the Merchant Shipping
(Safety) Ordinance (Cap. 369) for the limitation of the amount of their
liability in connection with a ship or other property.

(4) The jurisdiction of the High Court under subsection (2)(b) includes power
to settle any account outstanding and unsettled between the parties in relation to
the ship, and to direct that the ship, or any share thereof, shall be sold, and to make
such other order as the court thinks fit.

(5) Subsection (2)(e) extends to

(a)any claim in respect of a liability incurred under the Merchant
Shipping (Oil Pollution) Act 1971 (1971 e. 59 U.K.) in its application to
Hong Kong; and

(b)any claim in respect of a liability falling on the International Oil
Pollution Compensation Fund under Part 1 of the Merchant Shipping
Act 1974 (1974 e. 43 U.K.) in its application to Hong Kong.

(6) The reference in subsection (2)(i) to claims in the nature of salvage includes
a reference to such claims for services rendered in saving life from a ship or an
aircraft or in preserving cargo, apparel or wreck as, under sections 544 to 546 of the
Merchant Shipping Act 1894 (1894 e. 60 U.K.) in their application to Hong Kong, or
any Order in Council made under section 51 of the Civil Aviation Act 1949 (1949 c. 67
U.K.) in its application to Hong Kong, are authorized to be made in connection with
a ship or an aircraft.

(7) Subsections (1) to (6) apply

(a)in relation to all ships or aircraft, whether British or not and whether
registered or not and wherever the residence or domicile of their
owners may be;

(b)in relation to all claims, wherever arising (including, in the case of
cargo or wreck salvage, claims in respect of cargo or wreck found on
land); and

(c)so far as they relate to mortgages and charges, to all mortgages or
charges, whether registered or not and whether legal or equitable,
including mortgages and charges created under foreign law.





(8) Nothing in subsection (7) shall be construed as extending the cases in
which money or property is recoverable under any of the provisions of the
Merchant Shipping Acts 1894 to 1979 in their application to Hong Kong or the
Merchant Shipping Ordinance (Cap. 281) or the Merchant Shipping (Safety)
Ordinance (Cap. 369).

(Added 3 of 1989 s. 2)
[cf. 1981 c. 54 s. 20 U.K.]

12B. Mode of exercise of Admiralty ~tion

(1) Subject to section 12C an action in personam may be brought in the High
Court in all cases within the Admiralty jurisdiction of that court.

(2) In the case of any such claim as is mentioned in section 12A(2)(a), (c) or (r)
or any such question as is mentioned in section 12A(2)(b), an action in rem may be
brought in the High Court against the ship or property in connection with which the
claim or question arises and such action shall be deemed to be brought by and upon
the issue of the writ in rem.

(3) In any case in which there is a maritime lien or other charge on any ship,
aircraft or other property for the amount claimed, an action in rem may be brought in
the High Court against that ship, aircraft or property.

(4) In the case of any such claim as is mentioned in section 12A(2)(e) to (q),
where

(a) the claim arises in connection with a ship; and

(b)the person who would be liable on the claim in an action in personam
('the relevant person') was, when the cause of action arose, the
owner or charterer of, or in possession or in control of, the ship,

an action in rem may (whether or not the claim gives rise to a maritime lien on that
ship) be brought in the High Court against

(i) that ship, if at the time when the action is brought the relevant person
is either the beneficial owner of that ship as respects all the shares in
it or the charterer of it under a charter by demise; or

(ii) any other ship of which, at the time when the action is brought, the
relevant person is the beneficial owner as respects all the shares in it.

(5) In the case of a claim in the nature of towage or pilotage in respect of an
aircraft, an action in rem may be brought in the High Court against that aircraft if, at
the time when the action is brought, it is beneficially owned by the person who
would be liable on the claim in an action in personam.

(6) Where, in the exercise of its Admiralty jurisdiction, the High Court orders
any ship, aircraft or other property to be sold, the court shall have jurisdiction to
hear and determine any question arising as to the title to the proceeds of sale.





(7) In determining for the purposes of subsections (4) and (5) whether a person
would be liable on a claim in an action in personam it shall be assumed that he has
his habitual residence or a place of business within Hong Kong.

(8) Where, as regards any such claim as is mentioned in section 12A(2)(e) to (q),
a ship has been served with a writ or arrested in an action in rem brought to enforce
that claim, no other ship may be served with a writ or arrested in that or any other
action in rem brought to enforce that claim; but this subsection does not prevent the
issue, in respect of any one such claim, of a writ naming more than 1 ship or of 2 or
more writs each naming a different ship.

(Added 3 of 1989 s. 2)
[cf. 1981 c. 54 s. 21 U.K.]

in collision and other similar cases

(1) This section applies to any claim for damage, loss of life or personal injury
arising out of

(a) a collision between ships;

(b)the carrying out of, or omission to carry out, a manoeuvre in the case
of 1 or more of 2 or more ships; or

(c)non-compliance, on the part of 1 or more of 2 or more ships, with the
collision regulations.

(2) The High Court shall not entertain any action in personam to enforce a claim
to which this section applies unless

(a)the defendant has his habitual residence or a place of business in
Hong Kong;

(b) the cause of action arose within the waters of Hong Kong; or

(c)an action arising out of the same incident or series of incidents is
proceeding in the court or has been heard and determined in the
court.

(3) The High Court shall not entertain any action in personam to enforce a claim
to which this section applies until any proceedings previously brought by the
plaintiff in any court outside Hong Kong against the same defendant in respect of
the same incident or series of incidents have been discontinued or otherwise come
to an end.

(4) Subsections (2) and (3) shall apply to counterclaims (except counterclaims in
proceedings arising out of the same incident or series of incidents) as they apply to
actions, the references to the plaintiff and the defendant being for this purpose read
as references to the plaintiff on the counterclaim and the defendant to the
counterclaim respectively.

(5) Subsections (2) and (3) shall not apply to any action or counterclaim if the
defendant thereto submits or has agreed to submit to the jurisdiction of the court.





(6) Subject to subsection (3), the High Court shall have jurisdiction to
entertain an action in personam to enforce a claim to which this section applies
whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied,
and the rules of court relating to the service of process outside the jurisdiction
shall make such provision as may appear to the Rules Committee constituted
under section 55 to be appropriate having regard to the provisions of this
subsection.
(7) Nothing in this section shall prevent an action which is brought in
accordance with the provisions of this section in the High Court being
transferred, in accordance with the enactments in that behalf, to some other
court.
(8) For the avoidance of doubt, it is hereby declared that this section
applies in relation to the jurisdiction of the High Court not being Admiralty
jurisdiction as well as in relation to its Admiralty jurisdiction.
(Added 3 of 1989 s. 2)
[cf. 1981 c. 54 s. 22 U.K.]

within Rhine Navigation Convention

The High Court shall not have jurisdiction to determine any claim or
question certified by the Governor to be a claim or question which under the
Rhine Navigation Convention, falls to be determined in accordance with the
provisions of that Convention; and any proceedings to enforce such a claim
which are commenced in the High Court shall be set aside.
(Added 3 of 1989 s. 2)
[cf. 1981 c. 54 s. 23 U.K.]

12E. Supplementary provisions as to
Admiralty jurisdiction

(1) In sections 12A to 12D and this section, unless the context otherwise
requires-
'collision regulations' means regulations made or deemed to have been made
under Part IX of the Merchant Shipping (Safety) Ordinance (Cap. 369);
'goods' includes baggage;
'hovercraft' means a vehicle designed to be supported when in motion wholly,
or partly, by air expelled from the vehicle to form a cushion of which the
boundaries include the ground, water or other surface beneath the vehicle;
'master' includes every person (except a pilot) having command or charge of a
ship;
'Rhine Navigation Convention' means the Convention of 7 October 1868 as
revised by any subsequent convention;





'ship' includes any description of vessel used in navigation and (except in
subsection (2)(c) of this section) includes, subject to any regulations made by
the Governor, a hovercraft;

'towage' and 'pilotage' in relation to an aircraft, mean towage and pilotage while
the aircraft is waterborne.

(2) Nothing in sections 12A to 12D shall-

(a)be construed as limiting the jurisdiction of the High Court to refuse to
entertain an action for wages by the master or a member of the crew of
a ship, not being a British ship.

(b)affect the provisions of section 552 of the Merchant chant Shipping
Act 1894 (1894 c. 60 U.K.) (power of a receiver of wreck to detain a
ship in respect of a salvage claim) in its application to Hong Kong; or

(c)authorize proceedings in rem in respect of any claim against the
Crown, or the arrest, detention or sale of any of Her Majesty's ships or
Her Majesty's aircraft or Her Majesty's hovercraft, or, subject to any
regulations made by the Governor, of any ship, aircraft, hovercraft,
cargo or other property belonging to the Crown or the Government of
Hong Kong.

(3) Droits of Admiralty or droits of or forfeitures to the Crown condemned by
the High Court shall become the property of the Government of

Hong Kong and the High Court may of its own motion or upon application

order that such property be sold and the proceeds paid into the general revenue. (4)
In this section

'Her Majesty's ships' and 'Her Majesty's aircraft' have the meanings given by
section 38(2) of the Crown Proceedings Act 1947 (1947 c. 44 U.K.);

'Her Majesty's hovercraft' means hovercraft belonging to the Crown in right of Her
Majesty's Government in the United Kingdom or Her Majesty's Government in
Hong Kong.

(Added 3 of. 1989 s. 2)
[cf. 1981 c. 54 s. 24 U.K.]

13. Jurisdiction of Court of Appeal

(1) The Court of Appeal shall be a superior court of record.
(2) The civil jurisdiction of the Court of Appeal shall consist of-

(a)appeals from any judgment or order of the High Court in any civil
cause or matter;

(b)appeals under section 63 of the District Court Ordinance (Cap. 336);
and

(c) any other jurisdiction conferred on it by any law. (3) The criminal
jurisdiction of the Court of Appeal shall consist of

(a)appeals from the High Court or District Court under Part IV of the
Criminal Procedure Ordinance (Cap. 22 1);





(b)the consideration of questions of law reserved under section 81(1) of
the Criminal Procedure Ordinance (Cap. 221);

(c) the consideration of-

(i)applications by the Attorney General for the review of any,
sentence under section 81A(1) of the Criminal Procedure
Ordinance (Cap. 221);

(ii)references by the Attorney General of questions of law under
section 81D of the Criminal Procedure Ordinance (Cap.221);
(Replaced 20 of 1979 s. 10)

(d)appeals by way of case stated from the District Court under section
84 of the District Court Ordinance (Cap. 336); and

(e) any other jurisdiction conferred on it by any law.

(4) For the purposes of and incidental to

(a)the hearing and determination of any appeal to the Court of Appeal;
and

(b)the amendment, execution and enforcement of any judgment or order
made on such an appeal,

the Court of Appeal shall have all the authority and jurisdiction of the court or
tribunal from which the appeal was brought. (Added 52 of 1987 s. 9) [cf. 1981 c. 54
s. 15 U.K.]

(5) Any provision in this or any other Ordinance which authorizes or requires
the taking of any steps for the execution or enforcement of a judgment or order of
the High Court applies in relation to a judgment or order of the Court of Appeal as it
applies in relation to a judgment or order of the High Court. (Added52of 1987s. 9)

14. Appeals in civil matters

(1) Subject to subsection (3), an appeal shall lie as of right to the Court of
Appeal from every judgment or order of the High Court in any civil cause or matter.

(2) (Repealed 52 of 1987s. 10)

(3) No appeal shall lie

(a)from an order of the High Court allowing an extension of time for
appealing from a judgment or order; [cf. 1925 c. 49 s. 31 U.K.]

(b) (Repealed 52 of 1987s. 10)

(c)from a judgment or order of the High Court, where it is provided by
any Ordinance or by rules of court that the same is to be final;

(d)from an order absolute for the dissolution or nullity of marriage in
favour of any party who, having had time and opportunity to appeal
from the decree nisi on which the order was founded, has not
appealed from that decree;





(e)without the leave of the court or tribunal in question or of the Court
of Appeal, from an order of the High Court or any other court or
tribunal made with the consent of the parties or relating only to costs
which are by law left to the discretion of the court or tribunal;
(Replaced 52 of 1987 s. 10) [cf. 1981 c. 54 s. 18 U.K.]

(ea) except as provided by the Arbitration Ordinance (Cap. 341), from any
decision of the High Court

(i) on an appeal under section 23 of that Ordinance on a

question of law arising out of an arbitration award; or

(ii) under section 23A of that Ordinance on a question of law

arising in the course of a reference; (Added 52 of 1987 S.10) without
the leave of the High Court or the Court of Appeal, from a judgment
or order of the High Court given or made in summarily determining
under rules of court any question at issue in interpleader
proceedings:

Provided that this paragraph shall have no effect in relation to
any interpleader issue which is tried by ajudge whether with or
without ajury.

(4) Rules of court made under section 54 may provide for orders or judgments
of any prescribed description to be treated for any prescribed purpose connected
with appeals to the Court of Appeal as final or as interlocutory. (Added52 of 1987s.
10) [cf. 1981c.54s.60 U.K.]

(5) No appeal shall lie from a decision of the Court of Appeal as to whether a
judgment or order is, for any purpose connected with an appeal to that court, final or
interlocutory. (Added52 of 1987s. 10)

15. Application for new trial

(1) Where any cause or matter or any issue in any cause or matter has been
tried in the High Court, any application for a new trial thereof, or to set aside a
verdict, finding or judgment therein, shall be heard and determined by the Court of
Appeal.

(2) Nothing in this section shall alter the practice in bankruptcy.

(Replaced 52 of 198 7 s. 11)
[cf. 1981 c. 54 s. 17 U.K.]

16. Law and equity to he administered in Supreme Court

(1) The Court of Appeal and the High Court, when exercising jurisdiction in
any civil cause or matter, shall continue to administer law and equity on the basis
that, wherever there is any conflict or variance between the rules of equity





and the rules of the common law with reference to the same matter, the rules of
equity shall prevail.
(2) The Court of Appeal and the High Court shall give the same effect as
hitherto-
(a)to all equitable estates, titles, rights, reliefs, defences and
counterclaims, and to all equitable duties and liabilities; and
(b)subject thereto, to all legal claims and demands and all estates,
titles, rights, duties, obligations, and liabilities existing by the
common law or by any custom or created by any Ordinance,
and shall so exercise its jurisdiction in every cause or matter before it as to
secure that, as far as possible, all matters in dispute between the parties are
completely and finally determined, and all multiplicity of legal proceedings with
respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of
Appeal or the High Court to stay any proceedings before it, where it thinks fit
to do so, either of its own motion or on the application of any person, whether
or not a party to the proceedings.
(Replaced 52 of 1987 s. 11)
[cf. 1981 c. 54 s. 49 U.K.]

17. Power to award damages as well as, or in substitution
for, injunction or specific performance

Where the Court of Appeal or the High Court has jurisdiction to entertain
an application for an injunction or specific performance, it may award damages
in addition to, or in substitution for, an injunction or specific performance.
(Replaced 52 of 1987s. 11)
[cf. 1981 c. 54 s. 50 U.K.]

18-19. (Repealed 52 of 1987s. 12)

20. Power of High Court to impose charging order

(1) Where, under ajudgment or order of the High Court, a person (in this
section and in sections 20A and 20B referred to as the 'debtor') is required to
pay a sum of money to another person (in this section and in section 20A
referred to as the 'creditor') then, for the purpose of enforcing that judgment
or order, the High Court may make an order imposing on any such property of
the debtor as may be specified in the order a charge for securing the payment of
any money due or to become due under the judgment or order. (Replaced 52
of 1987s. 13)
(2) An order under subsection (1) is referred to in this Ordinance as a
'charging order'.(Replaced 52 of 1987s. 13)





(3) In deciding whether to make a charging order the High Court shall consider
all the circumstances of the case and, in particular, any evidence before it as to

(a) the personal circumstances of the debtor; and

(b) whether any other creditor of the debtor would be likely to be

unduly prejudiced by the making of the order. (Replaced 52 of

1987s.13)

(4) This section shall apply to a judgment, order, decree or award however
called of any court or arbitrator, including any foreign court or foreign arbitrator,
which is or has become enforceable, whether wholly or to a limited extent, as it
applies to a judgment or order of the High Court.

[cf. 1979 c. 53 s. 1 U.K.]

20A. Property which may he charged

(1) Subject to subsection (3), a charge may be imposed by a charging order
only on

(a) an interest held by the debtor beneficially~

(i) in any asset of a kind mentioned in subsection (2); or

(ii) under any trust; or

(b) an interest held by a person as trustee of a trust (in this

paragraph referred to as 'the trust'), if the interest is in an asset

of a kind mentioned in subsection (2) or is an interest under

another trust and

(i) the judgment or order in respect of which a charge is to be
imposed was made against that person as trustee of the trust;

(ii) the whole beneficial interest under the trust is held by the debtor
unencumbered and for his own benefit; or

(iii)in a case where there are 2 or more debtors all of whom are liable
to the creditor for the same debt, they together hold the whole
beneficial interest under the trust unencumbered and for their
own benefit.

(2) The assets referred to in subsection (1) are

(a) land;

(b) securities of any of the following kinds

(i) Government stock;

(ii) stock of any body incorporated in Hong Kong;

(iii) stock of any body incorporated outside Hong Kong or of any
state or territory outside Hong Kong, being stock registered in a
register kept at any place within Hong Kong;

(iv) units of any unit trust in respect of which a register of the unit
holders is kept at any place within Hong Kong; or







(c) funds in court.





(3) In any case where a charge is imposed by a charging order on any interest
in an asset of a kind mentioned in subsection (2)(b) or (e), the High Court may
provide for the charge to extend to any interest, dividend or other distribution
payable and any bonus issue in respect of the asset.

(4) In this section-

'dividend' includes any distribution in respect of any unit of a unit trust;

[cf. 1979 c. 53 s. 6 U.K.]

',stock' includes shares, debentures, loan stocks, funds, bonds, notes, any other

securities issued by the body concerned, whether or not constituting a charge on
the assets of that body and any rights or options to subscribe for or be allotted any
of the foregoing; and 'unit trust means any trust established for the purpose, or
having the effect, of

providing, for persons having funds available for investment, facilities for the
participation by them, as beneficiaries under the trust, in any profits or income
arising from the acquisition, holding, management or disposal of any property
whatsoever.

(Added 52 of 1987s. 14)

[cf. 1979 c. 53 s. 2 U.K.]

20B. Provisions supplementary
to sections 20 and 20A

(1) A charging order may be made either absolutely or subject to conditions as
to notifying the debtor or as to the time when the charge is to become enforceable,
or as to other matters.

(2) The Land Registration Ordinance (Cap. 128) shall apply in relation to
charging orders as it applies in relation to other orders or writs issued or made for
the purpose of enforcing judgments.

(3) Subject to the provisions of this Ordinance, a charge imposed by a charging
order shall have the like effect and shall be enforceable in the same courts and in the
same manner as an equitable charge created by the debtor by writing under his hand.

(4) The High Court may at any time, on the application of the debtor or of any
person interested in any property to which the order relates, make an order
discharging or varying the charging order.

(5) In the case of a charging order registered pursuant to the Land Registration
Ordinance (Cap. 128), if an order under subsection (4) discharging the charging
order is made, the Land Officer shall on the filing with him of a memorial and an
office copy of such order, enter a discharge of such charging order on the register,
and may issue certificates of such entry.

(Added 52 of 198 7 s. 14)

[cf. 1979 c. 53 s. 3 U.K.]





21. Attachment of debts

(1) A sum standing to the credit of a person in a deposit account in an
authorized financial institution shall, for the purposes of the jurisdiction of the High
Court to attach debts for the purpose of satisfying judgments or orders for the
payment of money, be deemed to be a sum due or accruing to that person and,
subject to rules of court, shall be attachable accordingly, notwithstanding that any
of the following conditions applicable to the account, that is to say- (Amended 52 of
1987s. 15)

(a)any condition that notice is required before any money is withdrawn;

(b)any condition that a personal application must be made before any
money is withdrawn;

(c)any condition that a deposit book must be produced before any
money is withdrawn;

(d)any condition that a receipt for money deposited must be produced
before any money is withdrawn; or

(e) any other condition prescribed by rules of court, has not been
satisfied.

(2) In this section 'authorized financial institution' means an institution
licensed or registered under the Banking Ordinance (Cap. 155). (Added 52 of
1987s.15)

[cf. 1956 c. 46 s. 38 U.K.]

21A. No arrest or imprisonment without order

(1) Subject to section 21B, a person shall not be arrested or imprisoned to
enforce, secure or pursue a civil claim for the payment of money or damages except
under an order of Court; and the Court shall have jurisdiction to make such an order
for arrest or imprisonment only to enforce, secure or pursue a judgment for the
payment of a specified sum of money.

(2) An order for imprisonment under subsection (1) shall be for a period not
exceeding 3 months.

(3) The period mentioned in subsection (2) may be amended by resolution of
the Legislative Council.

(4) (a)The Court may, on application, discharge, vary or suspend an order
for arrest or imprisonment made under this section, either absolutely
or subject to such conditions as the Court thinks fit.

(b)The Court may make an order for arrest or imprisonment under this
section subject to such conditions as it thinks fit, including conditions
as to the time and place of execution of the order and the condition
that the judgment debtor be released on the payment of the judgment
debt and costs, the provision of security by him or -on his behalf or on
the surrender of his travel documents.





(5) In this section, 'Court' includes the Registrar or any Master.
(Amended 52 of 1987s. 16)
(6) This section shall not affect any jurisdiction of the Court to make
orders of committal in relation to-
(a) contempt of court; or
(b) disobedience of ajudgment or order of the Court.
(Added 1 of 1984 s. 2)

21B. Prohibition on debtor leaving Hong Kong

(1) The Court shall have jurisdiction to make an order prohibiting a
person from leaving Hong Kong (a prohibition order) to facilitate the
enforcement, securing or pursuance of-
(a) a judgment against that person for the payment of a specified
sum of money;
(b) a judgment or order against that person-
(i) for the payment of an amount to be assessed; or
(ii)requiring him to deliver any property or perform any other
act; or
(e) a civil claim (other than a judgment)-
(i) for the payment of money or damages; or
(ii) for the delivery of any property or the performance of any
other act.
(2) The Court shall not make an order under subsection (1)(b) unless it is
satisfied that there is probable cause for believing that-
(a) the person against whom the order is sought is about to leave
Hong Kong; and
(b) by reason of paragraph (a), satisfaction of the judgment or order
is likely to be obstructed or delayed.
(3) The Court shall not make an order under subsection (1)(c) unless it is
satisfied that there is probable cause for believing that-
(a) there is a good cause of action;
(b) the person against whom the order is sought-
(i) incurred the alleged liability, which is the subject of the
claim, in Hong Kong while he was present in Hong Kong; or
(ii) carries on business in Hong Kong; or
(iii) is ordinarily resident in Hong Kong;
(c) that person is about to leave Hong Kong; and
(d) by reason of paragraph (c), any judgment that may be given
against that person is likely to be obstructed or delayed.
(4) (a) The Court may, on application, discharge a prohibition order,
either absolutely or subject to such conditions as the Court thinks
fit.





(b)The Court may make a prohibition order subject to such conditions
as it thinks fit, including the condition that the order shall have no
effect if the judgment debtor or person against whom the claim is
made satisfies the judgment or the claim or provides such security as
the Court may order.

(5) (a) An order under subsection (1) shall lapse

(i) on the expiry of one month but the Court may, on the application
of the judgment creditor or claimant, extend or renew the order
for a period which does not exceed, with the initial period of one
month and any other period of extension or renewal, 3 months;
and

(ii)on the service upon the Director of Immigration and the filing
with the Registrar of a notice by the judgment creditor or
claimant advising that the order is no longer required.

(b)The judgment creditor or claimant shall serve and file the notice
mentioned in paragraph (a)(ii) as soon as reasonably possible after
the order is no longer required.

(6) A copy of an order under subsection (1) and any other order ancillary
thereto shall be served on the Director of Immigration, the Commissioner of Police
and, if he can be found, the judgment debtor or person against whom the claim is
made.

(7) Where the Court makes an order under subsection (1) prohibiting a person
from leaving Hong Kong, any person who, having been served with a copy of the
order or otherwise informed of its effect, attempts to leave Hong Kong in
contravention of that order may be arrested by any immigration officer, police officer
or bailiff.

(8) (a)A person arrested under subsection (7) shall be brought before the
Court before the expiry of the day after the day of arrest and the
Court may

(i) in the case mentioned in subsection (1)(a), make such order, for
the examination or imprisonment of that person, under rules of
court, as is appropriate;

(ii) in the case of any other person, make an order for the
imprisonment of that person until the lapse or discharge of the
prohibition order; or

(iii) in any case, make an order discharging that person from arrest
either absolutely or upon compliance with such conditions as
the Court thinks fit.

(b)Section 71 of the Interpretation and General Clauses Ordinance (Cap.
1) shall not apply to this subsection.

(9) The Director of Immigration shall not be liable for any failure to prevent any
person against whom an order is made under this section from leaving Hong Kong.





(10) In this section, 'Court' includes the Registrar or any Master.

(Amended 52 of 1987s. 17)

(11) The form of order under this section may be prescribed by rules of court.

(Added 1 of 1984 s. 2)

21C. Effect of writs of execution against goods

(1) Subject to subsection (2), a writ of fieri facias or other writ of execution
against goods issued from the High Court shall bind the property in the goods of the
execution debtor as from the time when the writ is delivered to the bailiff to be
executed.

(2) A writ of a kind referred to in subsection (1) shall not prejudice the title to
any goods of the execution debtor acquired by a person in good faith and for
valuable consideration unless he had, at the time when he acquired his title, notice
that that writ or any other such writ by virtue of which the goods of the execution
debtor might be seized or attached had been delivered to and remained unexecuted in
the hands of the bailiff.

(3) For the better manifestation of the time mentioned in subsection (1), it shall
be the duty of the bailiff (without fee) on receipt of any such writ as is there
mentioned to endorse on its back the hour, day, month and year when he received it.

(4) In this section and in section 21D

(a)'property' means the general property in goods, and not merely a
special property;

(b)'bailiff includes any officer charged with the enforcement of a writ of
execution;

(e)any reference to the goods of the execution debtor is to be deemed a
reference to property liable to attachment and sale in execution of a
judgment;

(d)an act shall be treated as done in good faith if it is in fact done
honestly, whether it is done negligently or not.

(Added 52 of 1987s. 18)
[cf. 1981 c. 54 s. 138 U.K.]

21D. Sale of property in execution of judgment

(1) The following property is liable to attachment and sale in execution of a
judgment, namely, land, goods, money, bank notes, cheques, bills of exchange,
promissory notes, Government stock, bonds, or other securities for money, debts,
shares in the capital or joint stock of any company or corporation, (other than a
private company within the meaning of section 29 of the Companies Ordinance (Cap.
32) and all other property whatsoever,





whether movable or immovable, belonging to the judgment debtor, and
whether the same is held in his own name or by another person in trust for him
or on his behalf.
Provided that the following property shall not be so liable, namely, the tools
(if any) of the trade of the judgment debtor and the necessary wearing apparel and
bedding of him and his family dependent on and residing with him, to a value,
inclusive of tools and apparel and bedding, not exceeding $10,000 in the whole.
(2) Where any goods in the possession of an execution debtor at the time
of seizure by the bailiff charged with the enforcement of a writ, warrant or other
process of execution, are sold by such bailiff without any claim having been
made to them, the purchaser of the goods so sold shall, subject to subsection
(3), acquire a good title to such goods and no person shall be entitled to recover
against the bailiff, or anyone lawfully acting under his authority, except as
provided by section 46 of the Bankruptcy Ordinance (Cap. 6), for any sale of
such goods or for paying over the proceeds thereof prior to the receipt of a
claim to the said goods, unless it is proved that the person from whom recovery
is sought had notice or might by making reasonable inquiry have ascertained
that the goods were not the property of the execution debtor:
Provided that nothing in this subsection shall affect the right of any
claimant who may prove that at the time of sale he had title to any goods so
seized and sold to any remedy to which he may be entitled against any person
other than such bailiff or purchaser as aforesaid.
(3) Notwithstanding the preceding provisions of this section the Court may,
subject to rules of court, set aside the sale of any immovable property in execution
of a judgment on the ground of material irregularity in the conduct of the sale.
(Added 52 of 1987s. 18)

21E. Enforcement of fines and forfeited recognizances

(1) Payment of a fine imposed, or sum due under a recognizance
forfeited, by the Court of Appeal in its civil jurisdiction or by the High Court
may be enforced upon the order of the Court in like manner as a judgment of
the High Court for the payment of money.
(2) Where payment of a fine or other sum falls to be enforced upon an
order of the Court of Appeal in its civil jurisdiction or of the High Court-
(a)the Court shall, if the fine or other sum is not paid in full
forthwith or within such time as the Court may allow, certify to
the Registrar the sum payable; and
(b)the Registrar shall thereupon proceed to enforce payment of that
sum as if it were due to him as ajudgment debt.
(3) In this section, 'fine' includes a penalty imposed in civil proceedings.
(Added 52 of 1987s. 18)
[cf. 1981 c. 54 s. 140 U.K.]





21F. Relief against forfeiture by action
for non-payment of rent

(1) This section has effect where a lessor is proceeding by action in the High
Court to enforce against a lessee a right of re-entry or forfeiture in respect of
anyland for non-payment of rent.

(2) If, within the time prescribed by rules of court for acknowledging service of
the writ by which the action was commenced, the lessee pays into court all the rent
in arrear and the costs of the action, the action shall cease, and the lessee shall hold
the land according to the lease without any new lease.

(3) If

(a) the action does not cease under subsection (2); and

(b)the Court at the trial is satisfied that the lessor is entitled to enforce
the right of re-entry or forfeiture,

the Court shall order possession of the land to be given to the lessor at the
expiration of such period, but not being less than 4 weeks from the date of the order,
as the Court thinks fit, unless within that period the lessee pays into court all the
rent in arrear and such sum as the Court shall direct on account of the costs of the
action.

(4) The Court may extend the period specified under subsection (3) at any time
before possession of the land is recovered in pursuance of the order under that
subsection.

(5) Subject to subsection (6), if

(a) within the period specified in the order; or

(b) within that period as extended under subsection (4),
the lessee pays into court

(i) all the rent in arrear; and

(ii) the sum directed to be paid on account of the costs of the action, he
shall hold the land according to the lease without any new lease.

(6) Subsection (2) shall not apply where the lessor is proceeding in the same
action to enforce a right of re-entry or forfeiture on any other ground as well as for
non-payment of rent, or to enforce any other claim as well as the right of re-entry or
forfeiture and the claim for arrears of rent.

(7) If the lessee does not

(a) within the period specified in the order; or

(b) within that period as extended under subsection (4), pay into court

(i) all the rent in arrear; and

(ii) the sum directed to be paid on account of the costs of the action, the
order may be enforced and so long as the order remains unreversed the lessee shall
be barred from all relief.

(8) The extension under subsection (4) of a period fixed by the Court shall not
be treated as relief from which the lessee is barred by subsection (7) if he





fails to pay into court all the rent in arrear and the sum directed to be paid on
account of the costs of the action within that period.

(9) Where the Court extends a period under subsection (4) at a time when

(a) that period has expired; and

(b) a writ of possession in respect of the land has been issued, the Court
shall suspend the writ for the extended period, and if, before the expiration of the
extended period, the lessee pays into court all the rent in arrear and the sum directed
to be paid on account of the costs of the action, the Court shall cancel the writ.

(10) Nothing in this section shall be taken to affect-

(a)the power of the Court to enter final judgment in a case where the
defendant fails to give notice of intention to defend;

(b)the power of the Court to make any order which it would otherwise
have power to make as respects a right of re-entry or forfeiture on any
ground other than non-payment of rent; or

(c)section 58(4) of the Conveyancing and Property Ordinance (Cap. 219).

(Added 52 of 1987s. 18)

[cf. 1984 c. 28 s. 138 U.K.]

21 G. Service of writ in lieu of demand

In a case where section 21 F has effect, if-

(a)one-half-year's rent is in arrear at the time of the commencement of
the action;

(b)the lessor has a right of re-entry for non-payment of that rent; and

(c)no sufficient distress is to be found on the premises countervailing
the arrears then due,

the service of the writ in the action in the prescribed manner shall stand in lieu of a
demand and re-entry.

(Added 52 of 1987s. 18)

[cf 1984 c. 28 s. 139 U.K.]

21H. Interpretation and application of
sections 21F, 21G and 21H

(1) In this section and sections 21F and 21G-
'lease' includes-

(a) an original or derivative under-lease; and

(b)an agreement for a lease where the lessee has become entitled to
have his lease granted;





'lessee' includes--

(a) an original or derivative under-lessee; and

(b) the persons deriving title under a lessee;
'lessor' includes

(a) an original or derivative under-lessor; and

(b) the persons deriving title under a lessor;
'trial' includes the hearing of an application for summary judgment;

'under-lease' includes an agreement for an under-lease where the under-lessee

has become entitled to have his under-lease granted; 'under-lessee' includes
any person deriving title under an under-lessee.

(2) Nothing in section 21F F shall affect the provisions of the Crown Rights (Re-
entry and Vesting Remedies) Ordinance (Cap. 126).

(Added 52 of 1987s.
18)

[cf. 1948 c. 28 s. 140
U.K.]

211. Orders of mandamus, prohibition
and certiorari

(1) The High Court shall have jurisdiction to make orders of mandamus,
prohibition and certiorari in those classes of cases in which it had power to do so
immediately before the commencement of the Supreme Court (Amendment)
Ordinance 1987 (52 of 1987).

(2) Every such order shall be final, subject to any right of appeal therefrom.

(3) The power of the High Court under any enactment to require justices of the
peace, magistrates or a judge or officer of a District Court to do any act relating to
the duties of their respective offices, or to require a magistrate to state a case for the
opinion of the High Court, in any case where the High Court formerly had by virtue
of any enactment jurisdiction to make a rule absolute, or an order, for any of those
purposes, shall be exercisable by order of mandamus.

(4) In any enactment--

(a)references to a writ of mandamus, of prohibition or of certiorari shall
be read as references to the corresponding order; and

(b)references to the issue or award of any such writ shall be read as
references to the making of the corresponding order.

(Added 52 of 1987s.
18)

[cf. 1981 c. 54 s. 29
U.K.]

in which they are not entitled to act

(1) Where a person not entitled to do so acts in an office to which this section
applies, the High Court may





(a) grant an injunction restraining him from so acting; and

(b) if the case so requires, declare the office to be vacant.

(2) This section applies to any public office or office which has been created by
any enactment.

(Added 52 of 1987s. 18)

[cf. 1981 c. 54 s. 30 U.K.]

21K. Application for judicial review

(1) An application to the High Court for one or more of the following forms of
relief

(a) an order of mandamus, prohibition or certiorari;

(b)an injunction under section 21J restraining a person not entitled to do
so from acting in an office to which that section applies,

shall be made in accordance with rules of court by a procedure to be known as an
application for judicial review.

(2) An application for a declaration or an injunction (not being an injunction
mentioned in subsection (1) may be made in accordance with rules of court by way
of an application for judicial review, and on such an application the High Court may
grant the declaration or injunction claimed if it considers that, having regard to

(a)the nature of the matters in respect of which relief may be granted by
orders of mandamus, prohibition or certiorari;

(b)the nature of the persons and bodies against whom relief may be
granted by such orders; and

(c) all the circumstances of the case, it would be just and convenient for
the declaration to be made or the injunction to be granted, as the case may be.

(3) No application for judicial review shall be made unless the leave of the High
Court has been obtained in accordance with rules of court; and the court shall not
grant leave to make such an application unless it considers that the applicant has a
sufficient interest in the matter to which the application relates.

(4) On an application for judicial review the High Court may award damages to
the applicant if

(a)he has joined with his application a claim for damages arising from
any matter to which the application relates; and

(b)the court is satisfied that, if the claim had been made in an action
begun by the applicant at the time of making his application, he
would have been awarded damages.

(5) If, on an application for judicial review seeking an order of certiorari, the
High Court quashes the decision to which the application relates, the High Court
may remit the matter to the court, tribunal or authority concerned, with a direction to
reconsider it and reach a decision in accordance with the findings of the High Court.





(6) Where the High Court considers that there has been undue delay in
making an application for judicial review, the Court may refuse to grant-
(a) leave for the making of the application; or
(b) any relief sought on the application,
if it considers that the granting of the relief sought would be likely to cause
substantial hardship to, or substantially prejudice the rights of, any person or
would be detrimental to good administration.
(7) Subsection (6) is without prejudice to any enactment or rule of court
which has the effect of limiting the time within which an application for judicial
review may be made.
(Added 52 of 1987 s. 18)
[cf. 1981 c. 54 s. 31 U.K.]

21L. Injunction and receiver

(1) The High Court may by order (whether interlocutory or final) grant
an injunction or appoint a receiver in all cases in which it appears to the High
Court to be just or convenient to do so.
(2) Any such order may be made either unconditionally or on such terms
and conditions as the Court thinks just.
(3) The power of the High Court under subsection (1) to grant an
interlocutory injunction restraining a party to any proceedings from removing
from the jurisdiction of the High Court, or otherwise dealing with, assets
located within that jurisdiction shall be exercisable in cases where that party is,
as well as in cases where he is not, domiciled or resident or present within that
jurisdiction.
(4) If, whether before, or at, or after the hearing of any cause or matter,
an application is made for an injunction to prevent any threatened or
apprehended waste or trespass, the injunction may be granted, if the High
Court thinks fit, whether-
(a)the person against whom the injunction is sought is or is not in
possession under any claim of title or otherwise, or (if out of
possession) does or does not claim a right to do the act sought to
be restrained under any colour of title; and
(b)the estates claimed by both or by either of the parties are legal or
equitable.
(5) The power of the High Court to appoint a receiver by way of
equitable execution shall operate in relation to all legal estates and interests in
land; and that power-
(a)may be exercised in relation to an estate or interest in land
whether or not a charge has been imposed on that land under
section 20 for the purpose of enforcing the judgment, order,
decree or award in question; and





(b)shall be in addition to, and not in derogation of, any power of any
court to appoint a receiver in proceedings for enforcing such a
charge.

(6) Where an order under section 20 imposing a charge for the purpose of
enforcing a judgment, order, decree or award has been registered under section 2 of
the Land Registration Ordinance (Cap. 128), section 3(2) of that Ordinance shall not
apply to an order appointing a receiver made either

(a) in proceedings for enforcing the charge; or

(b)by way of equitable execution of the judgment, order, decree or award
or, as the case may be, of so much of it as required payment of
moneys secured by the charge.

(Added 52 of 1987s. 18)

[cf. 1981 c. 54 s. 37
U.K.]

22. (Repealed 52 of 1987 s. 19)

23. Habeas corpus

(1) Notwithstanding anything in any law or rule of court, where a criminal or
civil application for habeas corpus has been made by or in respect of any person, no
such application shall again be made to the High Court or any judge thereof by or in
respect of that person on the same grounds, unless fresh evidence is adduced in
support of the application.

(2) In every case where the person by or in respect of whom an application for
habeas corpus is made is restrained as a person liable, or treated by virtue of any law
as liable, to be detained in pursuance of an order or direction under Part IV of the
Mental Health Ordinance (Cap. 136) (otherwise than by virtue of section 53(2)(e) or
(f) of that Ordinance), the application shall be deemed for the purposes of this
section and of any appeal in the proceedings to constitute a criminal cause or matter.

[cf. 1960 c. 65 s. 14
U.K.]

24. Appeal in habeas corpus proceedings

An appeal shall lie as of right to the Court of Appeal from any decision of the
High Court on a criminal or civil application for habeas corpus, whether the High
Court orders the release of the person restrained or refuses to make such an order.

[cf. 1960 c. 65 s. 15
U.K.)

25. Power of High Court to vary

sentence on certiorari

(1) Where a person who has been sentenced for an offence by a magistrate or
the District Court applies to the High Court for an order of certiorari to





remove the proceedings before the magistrate or the District Court into the High
Court, and the High Court determines that the magistrate or the District Court had no
power to pass the sentence, the High Court may, instead of quashing the conviction,
amend it by substituting for the sentence passed any sentence which the magistrate
or the District Court had power to impose.

(2) Any sentence passed by the High Court by virtue of this section in
substitution for the sentence passed by a magistrate or the District Court shall,
unless the High Court otherwise directs, begin to run from the time when it would
have begun to run if passed by the magistrate or the District Court.

(3) This section shall apply, with the necessary modifications, in relation to any
order of a magistrate or the District Court which is made on, but does not form part
of, the conviction of an offender as it applies in relation to a conviction and
sentence.

[cf. 1960 c. 65 s. 16 U.K.]

25A. Execution of instruments by order of High Court

(1) Where the High Court has given or made a judgment or order directing a
person to execute any conveyance, contract or other document, or to endorse any
negotiable instrument, then, if that person

(a) neglects or refuses to comply with the judgment or order; or

(b) cannot after reasonable inquiry be found, the High Court may, on such
terms and conditions, if any, as may be just, order that the conveyance, contract or
other document shall be executed, or that the negotiable instrument shall be
endorsed, by such person as the Court may nominate for that purpose.

(2) A conveyance, contract, document or instrument executed or endorsed in
accordance with subsection (1) shall have the same effect as if it had been executed
or endorsed by the person originally directed to execute or endorse it.

(3) Nothing herein shall be held to abridge the powers of the High Court to
proceed by attachment against any person neglecting or refusing to execute or
endorse any such instrument.

(Added 52 of 1987s. 20)

[cf. 1981 c. 54 s. 39 U.K.]

26. Wards of court

(1) Subject to the provisions of this section, no infant shall be made a ward of
court except by virtue of an order to that effect made by the High Court.

(2) Where application is made for such an order in respect of an infant, the
infant shall become a ward of court on the making of the application, but





shall cease to be a ward of court at the expiration of such period as may be
prescribed by rules of court unless within that period an order has been made in
accordance with the application.

(3) The High Court may, either upon an application in that behalf or without
such an application, order that any infant who is for the time being a ward of court
shall cease to be a ward of court.

[cf. 1949 c. 100 s. 9 U.K.]

27. Vexatious litigants

(1) If, on an application made by the Attorney General under this section, the
High Court is satisfied that any person has habitually and persistently and without
any reasonable ground instituted vexatious legal proceedings, whether in the High
Court or in any inferior court, and whether against the same person or against
different persons, the High Court may, after hearing that person or giving him an
opportunity of being heard, order that no legal proceedings shall without the leave
of the High Court be instituted by him in any court and that any proceedings
instituted by him in any court before the making of the order shall not be continued
by him without such leave and such leave shall not be given unless the High Court
is satisfied that the proceedings are not an abuse of the process of the Court and
that there is prima facie ground for the proceedings.

(2) A copy of any order made under subsection (1) shall be published in the
Gazette. (Added52 of 1987s. 21)

[cf. 1925 c. 49 s. 51 U.K.]

PARTIV

SITTINGS AND DISTRIBUTION OF
BUSINESS

28. Sittings of Supreme Court and

distribution of business

(1) The Supreme Court shall sit at such times and at such places as the Chief
Justice shall appoint.

(2) The distribution of business of the Supreme Court shall be made in
accordance with directions given by the Chief Justice.

29. Vacations

(1) The following vacations shall be observed in each year in the Supreme
Court and the Registries

(a) the Summer vacation; (Amended 52 of 1987s. 22) (b) the
Christmas vacation; and

(c) the Easter vacation.





(2) The dates of the vacations referred to in subsection (1) shall be prescribed
by rules of court.

(3) The days of the commencement and termination of each vacation shall be
included in such vacation.

30. Business in vacations

(1) The Supreme Court and the Registries shall be open during any vacation
(except on general holidays) for the purpose of

(a)holding criminal trials and determining criminal appeals and the
transaction of all business incidental thereto; and

(b)the transaction of such other business as may be prescribed by rules
of court, (Replaced 49 of 1983 s. 6)

(2)-(3) (Repealed 49 of 1983 s. 6)

31. Computation of vacation period

and validity of acts therein

(1) Where by any law regulating civil procedure, or by any special order of the
Supreme Court, any period not exceeding one month is appointed or allowed for the
doing of any act or the taking of any proceeding, no days included in the Summer
vacation shall be reckoned in the computation of such time, unless the Court
otherwise directs: (Amended 52 of 1987s. 23)

Provided that nothing in this section shall be deemed to extend the time for
entering appearance to any writ endorsed with a statement of claim. (Amended 79 of
1979 s. 2)

(2) Every act, matter or thing done during any vacation shall be as valid to all
intents and purposes as if done out of vacation.

32. Proceedings in High Court to he

disposed of by single judge

(1) Subject to sections 41 and 42 of the Criminal Procedure Ordinance (Cap. 22
1), to subsection (3) of this section and to rules of court, every proceeding in the
High Court and all business arising therefrom shall be heard and determined by
ajudge of the High Court sitting alone.

(2) The proceedings in every action or matter subsequent to the trial or hearing,
down to and including the final judgment or order, and any application for leave to
appeal or for a stay of execution shall, so far as is practicable and convenient, be
taken before the judge of the High Court before whom the trial or hearing took place.

(3) The Chief Justice may direct that any proceeding, or class of proceeding, in
the High Court shall be heard and determined by 2 or more judges of the Court.





32A. Proceedings in court and in chambers

Business in the High Court shall be heard and disposed of in court except
insofar as it may, under this or any other enactment or in accordance with the
practice of the Court, be dealt with in chambers.
(Added 52 of 1987s. 24)
[cf. 1981 c. 54 s. 67 U.K.]

33. Powers of judge in chambers

(1) A judge of the High Court may, subject to rules of court, exercise in
chambers all or any part of the jurisdiction vested in the High Court, in all such
causes and matters and in all such proceedings in any causes or matters as may
be heard in chambers by a judge of the High Court in England or as may be
directed or authorized to be so heard by rules of court.
(2) A judge of the High Court sitting in court shall be deemed to
constitute a court of the High Court.
[cf. 1925 c. 49 s. 61 U.K.]

33A. Trial by jury in the High Court

(1) Where, on the application of any party to an action the High Court is
satisfied that there is in issue-
(a)a claim in respect of libel, slander, malicious prosecution, false
imprisonment or seduction; or
(b)any question or issue of a kind prescribed for the purposes of this
paragraph by rules of court,
the action shall be tried with a jury, unless the Court is of the opinion that the
trial requires any prolonged examination of documents or accounts or any
scientific or local investigation which cannot conveniently be made with a jury.
(2) An application under subsection (1) must be made not later than such
time before the trial as may be prescribed by rules of court.
(3) An action to be tried in the High Court which does not by virtue of
subsection (1) fall to be tried with a jury shall be tried without a jury unless the
Court in its discretion orders it to be tried with ajury.
(4) Nothing in subsections (1) to (3) shall affect the power of the Court to
order, in accordance with rules of court, that different questions of fact arising
in any action be tried by difrerent modes of trial; and where any such order is
made, subsection (1) shall have effect only as respects questions relating to any
such claim, question or issue as is mentioned in that subsection.
(5) Where for the purpose of disposing of any action or other matter
which is being tried in the High Court by a judge with a jury it is necessary to
ascertain the law of any other place which is applicable to the facts of the case,





any question as to the effect of the evidence given with respect to that law shall,
instead of being submitted to the jury, be decided by the judge alone.

(Added 52 of 1987s. 25)

[cf. 1981 c. 54 s. 69
U.K.]

34. Sittings of Court of Appeal

(1) This section relates to the Court of Appeal in the exercise of its criminal
jurisdiction; and in this section 'Court' means the Court of Appeal exercising such
jurisdiction. (Replaced 52 of 1987s. 26)

(2) The Court shall be duly constituted for the purpose of determining any
appeal

(a)by way of application for a new trial or to set aside a verdict, finding
or judgment in any cause or matter in the High Court in which there
has been a trial thereof or of any issue therin with a jury; or

(b) under Part IV of the Criminal Procedure Ordinance (Cap. 221), if it
consists of an uneven number of Justices of Appeal not less than 3. (Replaced 52
of 198 7 s. 26)

(2A) The Court shall be duly constituted for the purpose of determining an
appeal against sentence only under sections 83G and 83H of the Criminal Procedure
Ordinance (Cap. 221) if it consists of 2 Justices of Appeal. (Added 52 of 1987 s. 26)

(3). No judge shall sit as a member of the Court of Appeal on the hearing of, or
shall determine any application in proceedings incidental or preliminary to

(a) an appeal from ajudgment or order made by him; or

(b)an appeal against a conviction before him or a sentence passed by
him.

(4) Subject to subsection (6), where a Court of Appeal consisting of 3 or more
Justices of Appeal sits, the judgment or order which is that of the majority of the
Justices of Appeal sitting shall be deemed to be the judgment or order of the Court
of Appeal, but if there is no judgment or order which is that of a majority of the
Justices of Appeal sitting, the judgment or order appealed from shall be deemed to
be the judgment or order of the Court of Appeal.

(5) Where a Court of Appeal consisting of 2 Justices of Appeal only sits and
the 2 Justices of Appeal differ, then the judgment or order appealed from shall be
disturbed only in so far as it may be modified or affected by any order they make as
to which they do not differ:

Provided that

(a)if the judgment or order appealed from is not so modified or affected,
it shall be deemed to be the judgment or order of the Court of Appeal;
or





(b)if the judgment or order appealed from is so modified or affected, it
shall, as so modified or affected, be deemed to be the judgment or
order of the Court of Appeal.

(6) In the case of an appeal under Part IV of the Criminal Procedure Ordinance
(Cap. 22 1), if no 2 of the Justices of Appeal agree as to the judgment or order to be
made-
(a) the judgment or order of the trial judge; or

(b)where there is no such judgment or order, the judgment or order
of the President,
shall be deemed to be the judgment of the Court of Appeal.

(7) For the purposes of this section and section 34A, an appeal under Part IV of
the Criminal Procedure Ordinance (Cap. 221) includes the consideration of a question
of law reserved for the consideration of the Court of Appeal, the consideration of an
application by the Attorney General for the review of any sentence, and the
consideration of a reference by the Attorney General of a question of law, under
sections 81, 8 1 A and 8 1 D respectively of that Ordinance. (Amended20 of 1979 s. 10)

(Amended 52 of 1987s. 26)

34A.Powers of single Justice of Appeal in Court
of Appeal in its criminal jurisdiction

(1) Subject to subsection (2), in pursuance of the criminal jurisdiction of the
Court of Appeal, any power of the Court of Appeal not involving the determination
of the appeal may be exercised by a single Justice of Appeal in the same manner as it
may be exercised by the Court of Appeal and subject to the same provisions.

(2) Where a single Justice of Appeal refuses an application to exercise any
power of the Court of Appeal in pursuance of subsection (1), the applicant shall be
entitled to have the application determined by the Court of Appeal.

(Added 52 of 198 7 s. 2 7)

34B. Composition of Court of Appeal
in its civil jurisdiction

(1) This section relates to the Court of Appeal in the exercise of its civil
jurisdiction; and in this section 'Court' means the Court of Appeal exercising such
jurisdiction.

(2) The Court shall be duly constituted for the purpose of exercising any of its
jurisdiction if it consists of an uneven number of Justices of Appeal not less than 3.

(3) Where

(a)part of any proceedings before the Court has been heard by an
uneven number of Justices of Appeal greater than 3; and





(b) one or more members of the Court is or are unable to continue, the
Court shall remain duly constituted for the purpose of those proceedings so long as
the number of members (whether even or uneven) is not reduced to less than 3.

(4) The Court shall, if it consists of 2 Justices of Appeal, be duly constituted
for the purpose of

(a)hearing and determining any appeal against an interlocutory order or
interlocutory judgment;

(b)hearing and determining any appeal against a decision of a single
Justice of Appeal acting by virtue of section 35(1);

(e)hearing and determining any appeal where all the parties have before
the hearing filed a consent to the appeal being heard and determined
by 2 Justices of Appeal;

(d)hearing the remainder of, and determining, any appeal where part of it
has been heard by 3 or more Justices of Appeal of whom one or more
are unable to continue and all the parties have consented to the
remainder of the appeal being heard, and the appeal being
determined, by 2 remaining Justices of Appeal; or

(e)hearing and determining an appeal of any such description or in any
such circumstances not covered by paragraphs (a) to (d) as may be
prescribed for the purposes of this subsection by an order made by
the Chief Justice.

(5) Where

(a)an appeal has been heard by the Court consisting of an even number
of Justices of Appeal; and

(b) the members of the Court are equally divided, the case shall, on the
application of any party to the appeal, be re-argued before and determined by an
uneven number of Justices of Appeal not less than 3, before any appeal to the Privy
Council.

(6) In any cause or matter pending before the Court a single Justice of Appeal
may at any time during any vacation make an interim order to prevent prejudice to
the claims of any parties pending an appeal.

(7) Section 53 shall apply in relation to causes and matters before the Court as
it applies in relation to causes and matters before the High Court.

(Added 52 of 1987s. 27)

[cf. 1981 c. 54 s. 54 U.K.]

35. Powers of single judge in Court of Appeal

(1) Subject to subsection (3), in pursuance of the civil jurisdiction of the Court
of Appeal, any order or direction not involving the determination of the appeal may
be made or given by a single judge sitting in court or in chambers,





and a single judge may likewise make any interim order which he may think fit to
prevent prejudice to the claims of any party pending an appeal.

(2) (Repealed 52 of 1987s. 28)

(3) Every order or direction made or given by a single judge under subsection
(1) may be discharged or varied by the Court of Appeal.

(4) (Repealed 52 of 1987s. 28)

36. Acts required to he done by Chief Justice

may also be done by any judge

Where by or under any law any judicial or other act is required or authorized to
be exercised or performed by the Chief Justice, such act may be exercised or
performed by any judge of the Supreme Court.

PART V

REGISTRAR AND OTHER
OFFICERS

37. Registrar of Supreme Court

(1) There shall be attached to the Supreme Court a Registrar and such deputy
registrars and assistant registrars as may be appointed.

(2) The deputy registrars and assistant registrars may be called Masters.
(Added 52 of 1987s. 29)

38. Jurisdiction, powers and duties of Registrar

(1) The Registrar shall have and may exercise and perform

(a)the same jurisdiction, powers and duties as the Masters, Registrars
and like officers of the Supreme Court of England and Wales; and

(b)such other jurisdiction, powers and duties as may be conferred or
imposed on him by or under rules of court or any other law.

(2) Subject to rules of court, all the jurisdiction, powers and duties conferred or
imposed on the Registrar may be had, exercised or performed by a Master.

(Amended 52 of 1987s. 30)

38A. Bailiff

There shall be a bailiff of the Supreme Court together with such assistant
bailiffs as may be appointed, to effect, in accordance with rules of court, orders for
committal and for service and execution of the process of the Court.

(Added 52 of 1987 s. 31)





39. Protection of Registrar

(1) No action shall be brought against the Registrar for-

(a)any act done or omitted to be done by any bailiff without directions
from the Registrar; or

(b)any direction given to any bailiff with regard to the execution or non-
execution of process if

(i) such directions are in accordance with an order from the
High Court under section 40; and
(ii) no material fact is wilfully misrepresented or suppressed by
the Registrar.
(2) In this section-
'Registrar' includes a Master. (Amended 52 of 1987s. 32)

40. Registrar may apply for order

The Registrar may, in case of doubt or difficulty, apply summarily to the High
Court for an order for the direction and guidance of a bailiff, and the High Court may
make such order in the matter as may seem just and reasonable.

PART VI

DISCOVERY AND RELATED PROCEDURES

41.Power of High Court to order disclosure, etc. of
documents before commencement of proceedings

On the application, in accordance with rules of court, of a person who appears
to the High Court to be likely to be a party to subsequent proceedings in that Court
in which a claim in respect of personal injuries to a person or in respect of a person's
death is likely to be made, the High Court shall, in such circumstances as may be
specified in the rules, have power to order a person who appears to the High Court
to be likely to be a party to the proceedings and to be likely to have or to have had in
his possession, custody or power any documents which are relevant to an issue
arising or likely to arise out of that claim

(a)to disclose whether those documents are in his possession, custody
or power; and

(b)to produce such of those documents as are in his possession,
custody or power to the applicant or, on such conditions as may be
specified in the order

(i) to the applicant's legal advisers;





(ii) to the applicant's legal advisers and any medical or other
professional adviser of the applicant; or
(iii) if the applicant has no legal adviser, to any medical or other
professional adviser of the applicant. (Replaced 52 of 1987
s. 33) [cf. 1981 c. 54 s. 33 U.K.]
[cf. 1970 c. 31 s. 31 U.K.]

42. Extension of powers of High Court to order disclosure
of documents, inspection of property, etc.

(1) On the application, in accordance with rules of court, of a party to
any proceedings in which a claim in respect of personal injuries to a person or in
respect of a person's death is made, the High Court shall, in such circumstances
as may be specified in the rules, have power to order a person who is not a party
to the proceedings and who appears to the High Court to be likely to have or to
have had in his possession, custody or power any documents which are relevant
to an issue arising out of that claim-
(a)to disclose whether those documents are in his possession,
custody or power; and
(b)to produce such of those documents as are in his possession,
custody or power to the applicant or, on such conditions as may
be specified in the order-
(i) to the applicant's legal advisers;
(ii) to the applicant's legal advisers and any medical or other
professional adviser of the applicant; or
(iii) if the applicant has no legal adviser, to any medical or other
professional adviser of the applicant. (Replaced 52 of 1987
s. 34) [cf. 1981 c. 54 s. 34 U.K.]
(2) On the application, in accordance with rules of court, of a party to
any such proceedings as are referred to in subsection (1), the High Court shall,
in such circumstances as may be specified in the rules, have power to make an
order providing for any one or more of the following matters-
(a)the inspection, photographing, preservation, custody and
detention of property which is not the property of, or in the
possession of, any party to the proceedings but which is the
subject matter of the proceedings or as to which any question
arises in the proceedings;
(b)the taking of samples of any such property as is mentioned in
paragraph (a) and the carrying out of any experiment on or with
any such property.
(3) Subsections (1) and (2) are without prejudice to the exercise by the
High Court of any power to make orders which is exercisable apart from those
provisions.





(4) In this section-

'property' includes any land, chattel or other corporeal property of any

description.

[cf. 1970 c. 31 s. 32 U.K.]

43. Provisions supplementary to sections 41 and 42

(1) The power to make rules of court under section 54 shall include power to
make rules of court as to the circumstances in which an order under section 41 or 42
can be made; and any such rules may include such incidental, supplementary and
consequential provisions as the Rules Committee may consider necessary or
expedient.

(2) Without prejudice to the generality of subsection (1), rules of court shall be
made for the purpose of ensuring that the costs of and incidental to proceedings for
an order under sections 41 and 42 incurred by the person against whom the order is
sought shall be awarded to that person unless the High Court otherwise directs.

(3) In sections 41, 42 and 45-

'personal injuries' includes any disease and any impairment of a person's

physical or mental condition.

[cf. 1970 c. 31 s. 33 U.K.]

44. Powers of High Court exercisable

before commencement of action

(1) On the application of any person in accordance with rules of court, the High
Court shall, in such circumstances as may be specified in the rules, have power to
make an order providing for any one or more of the following matters

(a)the inspection, photographing, preservation, custody and detention
of property which appears to the Court to be property which may
become the subject matter of subsequent proceedings in the Court, or
as to which any question may arise in any such proceedings; and

(b)the taking of samples of any such property as is mentioned in
paragraph (a) and the carrying out of any experiment on or with any
such property.

(2) The power to make rules of court shall include power to make rules of court
as to the manner in which an application for such an order can be made, and as to the
circumstances in which such an order can be made; and any such rules may include
such incidental, supplementary and consequential provisions as the Rules
Committee may consider necessary or expedient.





(3) In this section-

'property' includes any land, chattel or other corporeal property of any

description.

[cf. 1969 c. 58 s. 21 U.K.]

of self or spouse in certain proceedings

(1) In any proceedings to which this subsection applies a person shall not be
excused, by reason that to do so may tend to expose that person, or the wife or
husband of that person, to proceedings for a related offence or for the recovery of a
related penalty

(a)from answering any question put to that person in the first mentioned
proceedings; or

(b) from complying with any order made in those proceedings.

(2) Subsection (1) applies to the following civil proceedings in the High Court,
namely

(a)proceedings for infringement of rights pertaining to any intellectual
property or for passing off,

(b)proceedings brought to obtain disclosure of information relating to
any infringement of such rights or to any passing off., and

(c)proceedings brought to prevent any apprehended infringement of
such rights or any apprehended passing off.

(3) Subject to subsection (4), no statement or admission made by a person on or
after the commencement of the Supreme Court (Amendment) (No. 3) Ordinance 1982
(52 of 1982)

(a)in answering a question put to him in any proceedings to which
subsection (1) applies; or

(b) in complying with any order made in any such proceedings, shall, in
proceedings for any related offence or for the recovery of any related penalty, be
admissible in evidence against that person or (unless they married after the making
of the statement or admission) against the wife or husband of that person.

(4) Nothing in subsection (3) shall render any statement or admission made by
a person as there mentioned inadmissible in evidence against that person in
proceedings for perjury or contempt of court.

(5) In this section-

'intellectual property' means any patent, trade mark, copyright, registered

design, technical or commercial information or other intellectual property;

'related offence', in relation to any proceedings to which subsection (1) applies,

means

(a) in the case of proceedings within subsection (2)(a) or (b)-

(i) any offence committed by or in the course of the infringement or
passing off to which those proceedings relate; or





(ii) any offence not within subparagraph (i) committed in
connection with that infringement or passing off, being an
offence involving fraud or dishonesty;
(b)in the case of proceedings within subsection (2)(c), any offence
revealed by the facts on which the plaintiff relies in those
proceedings;
'related penalty', in relation to any proceedings to which subsection (1)
applies, means-
(a)in the case of proceedings within subsection (2)(a) or (b), any
penalty incurred in respect of any thing done or omitted in
connection with the infringement or passing off to which those
proceedings relate;
(b)in the case of proceedings within subsection (2)(c), any penalty
incurred in respect of any act or omission revealed by the facts on
which the plaintiff relies in those proceedings.
(6) Any reference in this section to civil proceedings in the High Court of
any description includes a reference to proceedings on appeal arising out of civil
proceedings in the High Court of that description.
(Added 52 of 1982 s. 2)
[cf. 1981 c. 54 s. 72 U.K.]

45. Application to Crown of sections 41 to 44

(1) Section 44 shall bind the Crown so far as it relates to property (within
the meaning of that section) as to which it appears to the High Court that it
may become the subject matters of subsequent proceedings involving a claim in
respect of personal injuries to a person or in respect of a person's death.
(2) Sections 41, 42 and 43 shall bind the Crown.
(3) The High Court shall not make an order under section 41, 42 or 44 if
it considers that compliance with the order, if made, would be likely to be
injurious to the public interest.
[cf. 1970 c. 31 s. 35 U.K.]

PART VII

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Writs
(Replaced 52 of 1987 s. 35)

46. Writs

(1) All writs other than the writs listed in the Schedule are abolished.





(2) The writs listed in the Schedule shall be issued according to the common
law except to the extent that the common law is modified by any enactment.

(Replaced 52 of 1987s. 36)

Judges

47. Judges to he justices of the peace ex officio

Every judge of the Supreme Court shall be a justice of the peace by virtue of his
office.

Interest

48. Interest on claims for debt and damages

(1) Subject to rules of court, in proceedings (whenever instituted) before the
High Court for the recovery of a debt or damages there may be included in any sum
for which judgment is given simple interest, at such rate as the Court thinks fit or as
rules of court may provide, on all or any part of the debt or damages in respect of
which judgment is given, or payment is made before judgment, for all or any part of
the period between the date when the cause of action arose and

(a)in the case of any sum paid before judgment, the date of the
payment; and

(b)in the case of the sum for which judgment is given, the date of the
judgment.

(2) In relation to a judgment given for damages for personal injuries or death
which exceed $30,000 subsection (1) shall have effect

(a)with the substitution of 'shall be included for 'may be included';
and

(b)with the addition of 'unless the Court is satisfied that there are
special reasons to the contrary' after 'given', where it first occurs.

(3) Subject to rules of court, where

(a)there are proceedings (whenever instituted) before the High Court for
the recovery of a debt; and

(b) the defendant pays the whole debt to the plaintiff (otherwise than in
pursuance of ajudgment in the proceedings),

the defendant shall be liable to pay the plaintiff interest at such rate as the Court
thinks fit or as rules of court may provide on all or any part of the debt for all or any
part of the period between the date when the cause of action arose and the date of
the payment.





(4) Interest in respect of a debt shall not be awarded under this section for a
period during which, for whatever reason, interest on the debt already runs.

(5) Interest under this section may be calculated at different rates in respect of
difrerent periods.

(6) For the avoidance of doubt it is declared that in determining, for the
purposes of any enactment contained in Part IV of the District Court Ordinance
(Cap. 336), whether an amount exceeds, or is less than, a sum specified in that Part,
no account shall be taken of any power exercisable by virtue of this section or of
any order made in the exercise of such a power.

(7) Nothing in this section affects the damages recoverable for the dishonour of
a bill of exchange.

(8) In this section-

'defendant' means the person from whom the plaintiff seeks the debt or

damages;

'personal injuries' includes any disease and any impairment of a person's

physical or mental condition; and
'plaintiff means the person seeking the debt or damages.

(Replaced 52 of 1987s. 37)

[cf. 1981 c. 54 s. 35-A U.K.]

49. Interest on judgments

(1) Judgment debts shall carry simple interest-

(a) at such rate as the High Court may order; or

(b)in the absence of such order, at such rate as may be determined from
time to time by the Chief Justice by order,

on the aggregate amount thereof, or on such part thereof as for the time being
remains unsatisfied from the date of the judgment until satisfaction.

(2) Interest under this section may be calculated at different rates in respect of
different periods.

(Replaced 52 of 1987s. 38)

Contempt of Court

50. Appeal in cases of contempt of court

(1) Subject to this section, an appeal shall lie from any order or decision of a
court, other than the Court of Appeal, in the exercise of jurisdiction to punish for
contempt of court, including criminal contempt; and in relation to any such order or
decision this section shall have effect in substitution for any other law relating to
appeals in civil or criminal proceedings.

(2) An appeal under this section shall lie to the Court of Appeal in any case at
the instance of the person against whom the proceedings for contempt





of court were brought or the order was made and, in the case of an application
for committal or attachment, at the instance of the applicant.
(3) The Court of Appeal may on appeal reverse or vary the order or
decision of a court, and make such other order as may be just; and without
prejudice to the powers of any court to grant bail, provision may be made by
rules of court for authorizing the release on bail of an appellant under this
section.
(4) In this section-
(a)'court' includes any tribunal or person having power to punish
for contempt; and
(b)references to an order or decision of a court in the exercise of
jurisdiction to punish for contempt of court include references to
an order or decision of any court under any law enabling the
court to deal with an offence as if it were contempt of court.
(5) This section does not apply to a conviction or sentence in respect of
which an appeal lies under the Criminal Procedure Ordinance (Cap. 22 1), or to
a decision of the Court of Appeal under that Ordinance; and for the purposes
of that Ordinance and of this subsection an order for the punishment of any
person for contempt of court in proceedings in which he has a right of appeal
against his sentence shall be treated as part of that sentence.
[cf. 1960 c. 65 s. 13 U.K.]

Seal, Expenses and Costs
(Replaced 52 of 1987 s. 35)

51. Seal of Supreme Court

(1) The Supreme Court shall use such seal as the Chief Justice may direct.
(2) All writs, judgments, orders, documents and exemplifications or
copies thereof, shall be sealed with such seal.
(3) Any writ, judgment, order, document and any exemplification or copy
thereof, shall, when purporting to be so sealed, be admitted in evidence in any
criminal or civil proceedings before any court on its production without further
proof.
(Replaced 44 of 1982 s. 4)

52. Expenses

In any proceedings in the Supreme Court, a judge may order the
reimbursement of a witness in respect of any expenses reasonably and properly
incurred by that witness.





52A. Costs in High Court and Court of
Appeal in its civil jurisdiction

(1) Subject to the provisions of rules of court, the costs of and incidental
to all proceedings in the Court of Appeal in its civil jurisdiction and in the High
Court, including the administration of estates and trusts, shall be in the
discretion of the Court, and the Court shall have full power to determine by
whom and to what extent the costs are to be paid.
(2) Subject to specific provision made in this or any other Ordinance
(other than subsidiary legislation) nothing in subsection (1) shall authorize an
award of costs against a person who is not a party to the relevant proceedings.
(3) Nothing in subsection (1) shall alter the practice in any criminal cause
or matter, or in bankruptcy.
(Added 52 of 1987s. 39)
[cf. 1981 c. 54 s. 51 U.K.]

Assessors

53. Assessors

(1) In any civil proceedings, the High Court may call to its aid one or
more assessors specially qualified and may dispose of such proceedings, wholly
or in part, with the aid of such assessor or assessors, but the decision of the
judge shall be the decision of the High Court.
(2) The High Court may determine the remuneration, if any, to be paid to
an assessor in respect of his services:
Provided that nothing in this subsection shall authorize the payment of
remuneration to any person employed full time in any office of emolument
under the Crown.

Rules

54. Rules of court

(1) The Rules Committee constituted under section 55 may make rules of
court regulating and prescribing the procedure (including the method of
pleading) and the practice to be followed in the Supreme Court in all causes and
matters whatsoever in or with respect to which the Supreme Court has
jurisdiction (including the procedure and practice to be followed in the
Registries of the Supreme Court) and any matters incidental to or relating to
that procedure or practice.
(2) Without prejudice to the generality of subsection (1), rules of court
may be made for the following purposes-





(a)prescribing the procedure in connection with the transfer of
proceedings between the High Court and the District Court;
(b)prescribing the jurisdiction of the Supreme Court which may be
exercised by the Registrar or a Master (including provision for
appeal against decisions in the exercise of such jurisdiction);
(Amended 52 of 1987s. 40)
(c)regulating matters relating to the fees and costs of proceedings
(including proceedings in connection with the administration of
estates and trusts) in the Court of Appeal in its civil jurisdiction
and in the High Court; (Replaced 52 of 1987 s. 40)
(d) (Repealed 52 of 1987 s. 40)
(e)prescribing in what cases persons absent, but having an interest
in a cause or matter, shall be bound by any order made therein;
(1)prescribing in what cases and in what manner there may be
submissions and references to special referees, how parties shall
be bound thereby, and to what extent and with what
consequences, and for the appointment, powers and duties of
special referees and for proceedings before such special referees;
(g)regulating the appointment and duties of commissioners for
oaths, the revocation of such appointments, and matters
incidental thereto;
(h)regulating the execution of the process of the Supreme Court,
including-
(i) the prohibition of judgment debtors and persons against
whom civil claims are made from leaving Hong Kong and
ordering the payment of compensation to them in prescribed
circumstances;
(ii) ordering the appearance of judgment debtors or officers
of corporate judgment debtors for examination and their
examination; and
(iii) the arrest and imprisonment of judgment debtors;
(Amended 1 of 1984 s. 3)
(i)regulating matters which could heretofore be or which have
heretofore been provided for or regulated by rules of court;
prescribing the procedure for the payment of money into the
Supreme Court by parties to arbitration proceedings; and
without prejudice to the generality of this paragraph prescribing
also-
(i) the effect upon such arbitration proceedings of the
acceptance by any party to the arbitration proceedings of
such money paid into the Supreme Court;
(E)the circumstances in which, following payment into the
Supreme Court of money by any party to arbitration





proceedings, an arbitrator may amend that part of his award
which relates to the payment of the costs of the reference; and

(iii) such incidental, supplementary and consequential provisions in
relation to payment of money into the Supreme Court by parties
to arbitration proceedings as the Rules Committee may consider
necessary or expedient; (Added 43 of 1982 s. 2)

(k) providing that, in any case where a document filed in, or in the

custody of, any Registry is required to be produced to any court
or tribunal (including an umpire or arbitrator) sitting elsewhere
than at the Supreme Court-

(i) it shall not be necessary for any officer,. whether served with a
subpoena in that behalf or not, to attend for the purpose of
producing the document; but

(ii) the document may be produced to the court or tribunal by
sending it to the court or tribunal, in the manner prescribed in
the rules, together with a certificate, in the form so prescribed, to
the effect that the document has been filed in, or is in the
custody of, the Registry,

and any such certificate shall be prima facie evidence of the facts
stated in it; and (Added 52 of 1987 s. 40) [cf. 1981 c. 54 s. 136 U.K.]

(1) prescribing the procedure in cases where an order of mandamus,

prohibition or certiorari is sought, or proceedings are taken
for an injunction under section 21J including a requirement
that-

(i) except in such cases as may be specified in the rules, leave shall
be obtained before an application is made for any such order or
before any such proceedings are commenced; and

(ii) where leave is so obtained, no other relief shall be granted and
no ground relied upon, except with the leave of the Court, other
than the relief and grounds specified when the application for
leave was made. (Added52of 1987s. 40)

(M) Rules providing for the matters referred to in subsection (2)(k) may contain

(a) provisions for securing the safe custody and return to the

Registry of any document sent to a court or tribunal in
pursuance of the rules; and

(b) such incidental and supplementary provisions as appear to the

Rules Committee to be necessary or expedient. (Added, 52 of 1987, s.
40) [cf. 1981 c. 54 s. 136 U.K.]

(3) (Repealed 3 of 1989 s. 3)





(4) The power to make rules of court under this section shall include power to
make rules as to proceedings by or against the Crown.

(5) Rules of court made under this section shall apply to all proceedings by or
against the Crown insofar as they expressly purport so to do.

55. Rules Committee

(1) The rules of court shall be made by a Rules Committee which shall consist
of

(a) the Chief Justice;

(b)2 judges of the Supreme Court appointed by the Chief Justice;
(Replaced 52 of 1982 s. 3. Amended52 of 1987s. 41)

(c)the Registrar or a Master appointed by the Chief Justice to represent
the Registrar; (Replaced 52 of 1982 s. 3. Amended 52 of 1987s. 41)

(d) 2 barristers nominated by the Hong Kong Bar Association;

(e) 2 solicitors nominated by The Law Society of Hong Kong;
the Attorney General or a legal officer appointed by him.
(Added 53 of 1980 s. 2)

(IA) The Registrar or such Master as the Chief Justice may appoint under
subsection (1)(c) shall be the secretary of the Rules Committee. (Added 52 of
1982s.3. Amended52 of 1987s. 41)

(2) 5 members of the Rules Committee shall constitute a quorum if both a
barrister and a solicitor are present.

(3) (Repealed 52 of 1987 s. 41)

in respect of estates of deceased persons

The power to make rules of court under section 54 shall include power by any
such rules to make provision

(a)for enabling proceedings to be commenced in the High Court against
the estate of a deceased person (whether by the appointment of a
person to represent the estate or otherwise) where no grant of
probate or administration has been made;

(b)for enabling proceedings purporting to have been commenced in the
High Court by or against a person to be treated, if he was dead at
their commencement, as having been commenced by or against, as
the case may be, his estate whether or not a grant of probate or
administration was made before their commencement; and

(c)for enabling any proceedings commenced or treated as commenced in
the High Court by or against the estate of a





deceased person to be maintained (whether by substitution of
parties, amendment or otherwise) by or against, as the case may be, a
person appointed to represent the estate or, if a grant of probate or
administration is or has been made, by or against the personal
representatives.

(Added 52 of 1987s. 42)
[cf. 1981 c. 54 s. 87(2) U.K.]


(1) The power to make rules of court under section 54 shall include power to
make rules regulating the means by which particular facts may be proved, and the
mode in which evidence thereof may be given in any proceedings in the Court of
Appeal in its civil jurisdiction or in the High Court or on any application in
connection with or at any stage of such proceedings.

(2) Provision shall be made by rules of court made by virtue of this section as to
the procedure which, subject to any exceptions provided for in the rules, shall be
followed and the other conditions which shall be fulfilled before a statement may be
given in evidence in civil proceedings by virtue of section 47, 49 or 50 of the
Evidence Ordinance (Cap. 8).

(3) Rules made in pursuance of subsection (2) shall in particular, subject to
such exceptions (if any) as may be provided for in the rules

(a)require a party to any civil proceedings who desires to give in
evidence any such statement as is mentioned in that subsection to
give to every other party to the proceedings such notice of his desire
to do so and such particulars of or relating to the statement as may
be specified in the rules, including particulars of such one or more of
the persons connected with the making or recording of the statement
or, in the case of a statement falling within section 50(1) of the
Evidence Ordinance (Cap. 8) such one or more of the persons
concemed as mentioned in section 51(3)(c) of the Evidence Ordinance
(Cap. 8) as the rules may in any case require; and

(b)enable any party who receives such notice by counter-notice to
require any person of whom particulars were given with the notice to
be called as a witness in the proceedings unless that person is dead,
or outside Hong Kong, or unfit by reason of his bodily or mental
condition to attend as a witness, or cannot with reasonable diligence
be identified or found, or cannot reasonably be expected (having
regard to the time which has elapsed since he was connected or
concerned as described in paragraph (a) and to all the circumstances)
to have any recollection of matters relevant to the accuracy or
otherwise of the statement.





(4) Rules made in pursuance of subsection (2)-
(a)may confer on the Court in any civil proceedings a discretion to
allow a statement falling within section 47(1), 49(1) or 50(1)
of the Evidence Ordinance (Cap. 8) to be given in evidence
notwithstanding that any requirement of the rules affecting the
admissibility of that statement has not been complied with, but
except in pursuance of paragraph (b) of this subsection shall not
confer on the Court a discretion to exclude such a statement
where the requirements of the rules affecting its admissibility have
been complied with;
(b)may confer on the Court power, where a party to any civil
proceedings has given notice that he desires to give in evidence-
(i) a statement falling within section 47(1) of the Evidence
Ordinance (Cap. 8) which was made by a person, whether
orally or in a document, in the course of giving evidence in
some other legal proceedings (whether civil or criminal); or
(ii)a statement falling within section 49(1) of the Evidence
Ordinance (Cap. 8) which is contained in a record of any
direct oral evidence given in some other legal proceedings
(whether civil or criminal),
to give directions on the application of any party to the
proceedings as to whether, and if so on what conditions, the
party desiring to give the statement in evidence shall be permitted
to do so and (where applicable) as to the manner in which that
statement and any other evidence given in those other pro-
ceedings is to be proved; and
(c)may make different provision for different circumstances, and
in particular may make different provision with respect to
statements failing within sections 47(1), 49(1) and 50(1) res-
pectively of the Evidence Ordinance (Cap. 8),
and any discretion conferred on the Court by rules may be either a general
discretion or a discretion exercisable only in such circumstances as may be
specified in the rules.
(5) Rules made by virtue of this section may make provision for
preventing a party to any civil proceedings (subject to any exceptions provided
for in the rules) from adducing in relation to a person who is not called as a
witness in those proceedings any evidence which could otherwise be adduced
by him by virtue of section 52 of the Evidence Ordinance (Cap. 8) unless that
party has in pursuance of the rules given in respect of that person such a
counter-notice as is mentioned in subsection (3)(b).
(6) In deciding for the purposes of any rules made by virtue of this section
whether or not a person is fit to attend as a witness, the Court may act on a
certificate purporting to be a certificate of a registered medical practitioner.





(7) Insofar as they relate to statements (whether of fact or opinion) contained in
expert reports, rules made as to the procedure to be followed and the other
conditions to be fulfilled before a statement can be given in evidence in civil
proceedings by virtue of section 47 of the Evidence Ordinance (Cap. 8) shall not be
subject to the requirements of rules made in pursuance of subsection (3).

(8) Notwithstanding any enactment or rule of law by virtue of which documents
prepared for the purpose of pending or contemplated civil proceedings or in
connection with the obtaining or giving of legal advice are in certain circumstances
privileged from disclosure, provision may be made by rules made by virtue of this
section

(a)for enabling the Court in any civil proceedings to direct, with respect
to medical matters or matters of any other class which may be
specified in the direction, that the parties or some of them shall each
by such date as may be so specified (or such later date as may be
permitted or agreed in accordance with the rules) disclose to the other
or others in the form of one or more expert reports the expert evidence
on matters of that class which he proposes to adduce as part of his
case at the trial; and

(b)for prohibiting a party who fails to comply with a direction given in
any such proceedings under rules made in pursuance of paragraph (a)
from adducing in evidence by virtue of section 47 of the Evidence
Ordinance (Cap. 8) except with the leave of the Court, any statement
(whether of fact or opinion) contained in any expert report whatsoever
in so far as that statement deals with matters of any class specified in
the direction.

(9) Provision may be made by rules made by virtue of this section as to the
conditions subject to which oral expert evidence may be given in civil proceedings.

(10) Without prejudice to the generality of subsection (9) rules made in
pursuance of that subsection may make provision for prohibiting a party who fails to
comply with a direction given as mentioned in subsection (8)(b) from adducing,
except with the leave of the Court, any oral expert evidence whatsoever with respect
to matters of any class specified in the direction.

(11) Any rules made by virtue of this section may make different provision for
different classes of cases, for expert reports dealing with matters of different classes,
and for other different circumstances.

(12) In this section references to an expert report are references to a written
report by a person dealing wholly or mainly with matters on which he is (or would if
living be) qualified to give expert evidence.

(Added 52 of 1987 s. 42)





55C. Rules as to stop orders and notices

(1) In this section-
',stop order' means an order of the High Court prohibiting the taking, in
respect of any of the securities specified in the order, of any of the steps
mentioned in subsection (4);
',stop notice' means a notice requiring any person on whom it is duly served to
refrain from taking, in respect of any of the securities specified in the
notice, any of the steps mentioned in subsection (4) without first notifying
the person by whom, or on whose behalf, the notice was served; and
'prescribed securities' means securities (including funds in court) of a kind
prescribed by rules of court made by virtue of this section.
(2) The power to make rules of court under section 54 shall include power
by any such rules to make provision-
(a)for the Court to make a stop order on the application of any
person claiming to be entitled to an interest in prescribed
securities; and
(b)for the service of a stop notice by any person claiming to be
entitled to an interest in prescribed securities.
(3) Rules of court made by virtue of this section shall prescribe the person
on whom a copy of any stop order or stop notice is to be served.
(4) The steps mentioned in subsection (1) are-
(a) the registration of any transfer of the securities;
(b)in the case of funds in court, the transfer, sale, delivery out,
payment or other dealing with the funds, or of the income
thereon;
(c)the making of any payment by way of dividend, interest or
otherwise in respect of the securities; and
(d)in the case of a unit trust, any acquisition of or other dealing with
the units by any person or body exercising functions under the
trust.
(5) Any rules of court made by virtue of this section may include such
incidental, supplemental and consequential provisions as the Rules Committee
considers necessary or expedient, and may make different provision in relation
to different cases or classes of case. v
(Added 52 of 1987s. 42)
[cf. 1979 c. 53 s. 5 U.K.]

56. Orders for interim payment

(1) The power to make rules of court under section 54 shall include power
to make provision for enabling the Supreme Court in such circumstances as
may be specified to make an order requiring a party to pending proceedings to
make an interim payment of such amount as may be specified in the order,





either by payment into court or (if the order so provides) by paying it to another
party to the proceedings.

(2) Where any such rules make provision in accordance with subsection (1), the
rules may include provision for enabling a party to any proceedings who, in
pursuance of such an order, has made an interim payment to recover the whole or
part of the amount of the payment in such circumstances, and from such other party
to the proceedings, as may be determined in accordance with the rules.

(3) Any rules made by virtue of this section may include such incidental,
supplementary and consequential provisions as the Rules Committee may consider
necessary or expedient.

(4) Nothing in this section shall be construed as affecting the exercise of any
power relating to costs, including any power to make rules of court relating to costs.

(5) In this section

(a)'interim payment', in relation to a party to any proceedings, means a
payment on account of any damages, debt or other sum (excluding
any costs) which that party may be held liable to pay to or for the
benefit of another party to the proceedings if a final judgment or order
of the Court in the proceedings is given or made in favour of that other
party; and

(b)any reference to a party to any proceedings includes a reference to
any person who for the purposes of the proceedings acts as next
friend or guardian of a party to the proceedings.

(6) This section shall bind the Crown so far as any proceedings to which the
section is applicable can be brought by or against the Crown in accordance with the
Crown Proceedings Ordinance (Cap. 300).

[cf. 1969 c. 58 s. 20 U.K.]

56A. Orders for provisional damages for personal injuries

(1) This section applies to an action for damages for personal injuries in which
there is proved or admitted to be a chance that at some definite or indefinite time in
the future the injured person will, as a result of the act or omission which gave rise
to the cause of action, develop some serious disease or suffer some serious
deterioration in his physical or mental condition.

(2) Subject to subsection (4), as regards any action for damages to which this
section applies in which a judgment is given in the High Court, provision may be
made by rules of court for enabling the Court, in such circumstances as may be
prescribed, to award the injured person

(a)damages assessed on the assumption that the injured person will not
develop the disease or suffer the deterioration in his condition; and





(b)further damages at a future date if he develops the disease or
suffers the deterioration.
(3) Any rules made by virtue of this section may include such incidental,
supplementary and consequential provisions as the rule-making authority may
consider necessary or expedient, and may provide for the injured person to elect
whether or not to accept an award of damages assessed in accordance with such
rules.
(4) Nothing in this section shall be construed-
(a)as affecting the exercise of any power relating to costs, including
any power to make rules of court relating to costs; or
(b)as prejudicing any duty of the Court under any enactment or rule
of law to reduce or limit the total damages which would have
been recoverable apart from any such duty.
(Added40 of 1986 s. 5)
[cf. 1982 c. 53 s. 6 U.K.]

57. Rules concerning deposit, etc. of
moneys, etc. in Supreme Court

(1) The Chief Justice may make rules for regulating---
(a)the deposit, payment, delivery, and transfer in, into, and out of
the Supreme Court of money, securities, and movable property of
suitors;
(b)the evidence of such deposit, payment, delivery, or transfer, and
the investment of and other dealings with money, securities, and
movable property in court;
(c) the execution of the orders of the Supreme Court; and
(d)the powers and duties of the Registrar with reference to such
money, securities, and property.
(2) Without prejudice to the generality of the foregoing, rules made under
this section may provide for-
(a)regulating the placing on and withdrawal from deposit of money
in court, and the payment or crediting of interest on money
placed on deposit;
(b)determining the smallest amount of money on deposit on which
interest is to be credited to an account to which money placed on
deposit belongs;
(c)determining the time at which money placed on deposit is to
begin and to cease to bear interest and the mode of computing
such interest;
(d)determining the cases in which money placed on deposit is to
begin and to cease to bear interest and the mode of computing
such interest;





(e)determining the cases in which interest on money placed on deposit
and the dividends on any securities standing in the name of the
Registrar is or are to be placed on deposit; and disposing of money,
other than the balance of an intestate estate, remaining unclaimed in
court or money remaining unclaimed in the Bankruptcy Estates
Account established under section 128 of the Bankruptcy Ordinance
(Cap. 6).

(3) For the purposes of this section 'suitors' includes any party to arbitration
proceedings who makes payment of money into the Supreme Court in accordance
with rules of court. (Added43 of 1982 s. 3)

PART VIII

GENERAL

58. (Had its effect)

59. Amendment of references in laws to

Full Court and Supreme Court

In any law, unless the context otherwise requires

(a)for any reference to the Full Court, there shall be substituted a
reference to the Court of Appeal;

(b)for any reference to the Supreme Court, there shall be substituted a
reference to the High Court; and

(c)any reference to a judge or officer of the Full Court or the Supreme
Court shall be construed as a reference to a judge or officer of the
Court of Appeal and the High Court, respectively.

60. Transitional

(1) Any civil or criminal proceeding pending in the Full Court or the Supreme
Court at the commencement of this Ordinance shall continue in and be determined
by the Court of Appeal and the High Court, respectively, save that any application
for habeas corpus or for an order of mandamus, certiorari or prohibition so pending
in the Full Court shall continue in and be determined by the High Court.

(2) Any civil or criminal proceeding being tried or heard before the Supreme
Court or the Full Court at the commencement of this Ordinance shall continue before
the High Court and the Court of Appeal, respectively, and in the case of a
proceeding before the Full Court any judge constituting that Full Court shall be
deemed to be a Justice of Appeal for the purposes of that





proceeding notwithstanding that he has not been appointed as such under this
Ordinance; but any application for habeas corpus or for an order of mandamus,
certiorari or prohibition being heard before the Full Court at the commencement of
this Ordinance shall continue before the High Court and any judge constituting that
Full Court who has been appointed a Justice of Appeal under this Ordinance shall be
deemed to be a judge of the High Court for the purposes of the hearing and
determination of that application.

(3) Without prejudice to subsections (1) and (2), the Chief Justice may by order
make such provision, either generally or with respect to any particular case or
proceeding, as may be necessary to ensure effective transition from the repealed
Supreme Court Ordinance (Cap. 4 1972 Ed.) to this Ordinance.

61. No action for false imprisonment

For the purposes of any action for false or unlawful imprisonment, any
imprisonment authorized or purportedly authorized under a writ of fieri facias sealed
by the Registrar before the commencement of the Debtors (Arrest and
Imprisonment) Ordinance 1984 (1 of 1984) shall not be unlawful for the reason only
that the imprisonment was not ordered by the Court.

(1 of 1984 s. 11 incorporated)

62. Transitional

The Debtors (Arrest and Imprisonment) Ordinance 1984 (1 of 1984) shall have
effect in any proceedings for the arrest or imprisonment of a judgment debtor or a
person against whom a claim is made that are pending in the Supreme Court at the
commencement of that Ordinance.

(1 of 1984 s. 12(1) incorporated)

SCHEDULE [s. 46]

WRITS

(1) Writ of Summons
(2) Writ of Subpoena
(3) Writ of Fieri Facias
(4) Writ of Possession
(5) Writ of Delivery
(6) Writ of Sequestration
(7) Writ of Assistance
(8) Writ of Restitution
(9) Writ of Habeas Corpus ad subjiciendum
(10) Writ of Habeas Corpus ad testificandurn
(11) Writ of Habeas Corpus ad respondendum
(Added 52 of 1987 s.
43)

https://oelawhk.lib.hku.hk/items/show/2199

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