Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 14

Appeals in civil matters

(Past version on 21/09/2001).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Subject to subsection (3), an appeal shall lie as of right to the Court of
Appeal from every judgment or order of the Court of First  Instance in any
civil cause or matter. (Amended 25 of 1998 s. 2)

(2) (Repealed 52 of 1987 s. 10)

(3) No appeal shall lie-

   (a)  from an order of the Court of First Instance allowing an extension of
        time for appealing from a judgment or order; (Amended 25 of 1998 s. 2)
        [cf. 1925 c. 49 s. 31 U.K.]

   (b)  (Repealed 52 of 1987 s. 10)

   (c)  from a judgment or order of the Court of First Instance, where it is
        provided by any Ordinance or by rules of court that the same is to be
        final; (Amended 25 of 1998 s. 2)

   (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 Court of First Instance 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. Amended 25 of 1998 s. 2) [cf.
        1981 c. 54 s. 18 U.K.]

   (ea) except as provided by the Arbitration Ordinance ( Cap 341), from any
        decision of the Court of First Instance- (Amended 25 of 1998 s. 2)

        (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)

   (eb) from a decision of the Court of First Instance in respect of which a
        certificate is granted under section 27C of the Hong Kong Court of 
        Final Appeal Ordinance ( Cap 484) and leave to appeal is granted under
        section 27D of that Ordinance in any proceedings; (Added 11 of 2002 s.
        6)

   (f)  without the leave of the Court of First Instance or the Court of
        Appeal, from a judgment or order of the Court of First Instance given
        or made in summarily determining under rules of court any question at
        issue in interpleader proceedings: (Amended 25 of 1998 s. 2) Provided
        that this paragraph shall have no effect in relation to any
        interpleader issue which is tried by a judge whether with or without a
        jury; (Amended 21 of 2001 s. 48)

   (g)  from a determination, judgment or order of the Court of First 
        Instance referred to in section 22(1)(c) of the
        Hong Kong Court of Final  Appeal Ordinance ( Cap 484). (Added 21 of
        2001 s. 48)

(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.
(Added 52 of 1987 s. 10) [cf. 1981 c. 54 s. 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. (Added 52 of 1987 s. 10)