Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 54

Rules of court

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 Rules

(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 High Court in all causes and matters
whatsoever in or with respect to which the High Court has jurisdiction
(including the procedure and practice to be followed in the Registries of the
High Court) and any matters incidental to or relating to that procedure or
practice. (Amended 25 of 1998 s. 2)

(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 Court of First Instance and the District
        Court; (Amended 25 of 1998 s. 2)

   (b)  prescribing the jurisdiction of the High 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 1987
        s. 40; 25 of 1998 s. 2)

   (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 Court of First Instance; (Replaced 52 of 1987 s. 40.
        Amended 25 of 1998 s. 2)

   (d)  (Repealed 52 of 1987 s. 40)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;

   (f)  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 High Court, including-
        (Amended 25 of 1998 s. 2)

   (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;

   (j)  prescribing the procedure for the payment of money into the High Court
        by parties to arbitration proceedings; and without prejudice to the
        generality of this paragraph prescribing also- (Amended 25 of 1998 s.
        2)

        (i)    the effect upon such arbitration proceedings of the acceptance
               by any party to the arbitration proceedings of such money paid
               into the High Court; (Amended 25 of 1998 s. 2)

        (ii)   the circumstances in which, following payment into the High
               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 (Amended 25 of
               1998 s. 2)

        (iii)  such incidental, supplementary and consequential provisions in
               relation to payment of money into the High Court by parties to
               arbitration proceedings as the Rules Committee may consider
               necessary or expedient; (Added 43 of 1982 s. 2. Amended 25 of
               1998 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 High Court- (Amended 25 of 1998 s. 2)

        (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.]

   (l)  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. (Added 52 of 1987 s. 40)

(2A) 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.