HIGH COURT ORDINANCE - CHAPTER 4 HIGH COURT ORDINANCE - LONG TITLE Long title VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 HIGH COURT (Amended 25 of 1998 s. 2) To amend and consolidate the law relating to the constitution, jurisdiction, practice and powers of the High Court and the administration of justice therein and for matters ancillary thereto and connected therewith. (Amended 25 of 1998 s. 2) [20 February 1976] L.N. 50 of 1976 (Originally 92 of 1975) HIGH COURT ORDINANCE - SECT 1 Short title VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART I PRELIMINARY This Ordinance may be cited as the High Court Ordinance. (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 2 Interpretation VerDate:08/07/2005 In this Ordinance, unless the context otherwise requires- "action" (訴訟) means a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by any law; "appeal" (上訴) 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 Court of First Instance which has been tried, or in which any issue has been tried, by a jury; (Added 52 of 1987 s. 2. Amended 25 of 1998 s. 2) "cause" (訟案) means any action or any criminal proceeding; (Replaced 52 of 1987 s. 2) "Court of First Instance" (原訟法庭) means the Court of first Instance of the High Court; (Added 25 of 1998 s. 2) "defendant" (被告人) includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings; "detention" (羈留) includes every form of restraint of liberty of the person; (Added 95 of 1997 s. 2) "deputy judge" (暫委法官) means a deputy judge of the Court of First Instance appointed under section 10(1); (Added 49 of 1983 s. 2. Amended 25 of 1998 s. 2) "Government stock" (政府證券) means any stock issued by the Government or any funds of or annuity granted by the Government; (Added 52 of 1987 s. 2) "judgment" (判決) includes decree; "Justice of Appeal" (上訴法庭法官) includes a judge of the Court of First Instance sitting as an additional judge of the Court of Appeal under section 5(2); (Added 52 of 1987 s. 2. Amended 25 of 1998 s. 2) "land" (土地) 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 1987 s. 2) "Master" (聆案官) has the meaning given to it by sections 37, 37AC, 37A and 37B; (Added 52 of 1987 s. 2. Amended 1 of 1997 s. 3; 10 of 2005 s. 164) "matter" (事宜) includes every proceeding not in a cause; "party" (一方、方) includes every person served with notice of or attending any proceeding, although not named on the record; "plaintiff" (原告人) 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" (訂明) means prescribed by rules of court; "recorder" (特委法官) means a recorder of the Court of First Instance appointed under section 6A; (Added 80 of 1994 s. 2. Amended 25 of 1998 s. 2) "Registrar" (司法常務官) means the Registrar of the High Court; (Amended 25 of 1998 s. 2) "Registry" (登記處) means any Registry of the High Court; (Amended 25 of 1998 s. 2) "writ of habeas corpus" (人身保護令狀) means a writ of habeas corpus ad subjiciendum. (Added 95 of 1997 s. 2) (Amended 49 of 1983 s. 2; 95 of 1997 s. 2; 25 of 1998 s. 2) "action" (訴訟) "appeal" (上訴) "cause" (訟案) "Court of First Instance" (原訟法庭) "defendant" (被告人) "detention" (羈留) "deputy judge" (暫委法官) "Government stock" (政府證券) "judgment" (判決) "Justice of Appeal" (上訴法庭法官) "land" (土地) "Master" (聆案官) "matter" (事宜) "party" (一方、方) "plaintiff" (原告人) "prescribed" (訂明) "recorder" (特委法官) "Registrar" (司法常務官) "Registry" (登記處) "writ of habeas corpus" (人身保護令狀) HIGH COURT ORDINANCE - SECT 3 High Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART II THE HIGH COURT (Amended 25 of 1998 s. 2) (1) There shall be a High Court of the Hong Kong Special Administrative Region consisting of the Court of First Instance and the Court of Appeal. (2) Subject to the provisions of this Ordinance, the High Court shall be a court of unlimited civil and criminal jurisdiction. (Replaced 110 of 1997 s. 8) HIGH COURT ORDINANCE - SECT 4 Constitution of Court of First Instance VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court of First Instance shall consist of- (a) the Chief Judge of the High Court; (Amended 79 of 1995 s. 50) (b) such judges as the Governor may appoint; (Amended 80 of 1994 s. 3) (ba) such recorders as the Governor may appoint; and (Added 80 of 1994 s. 3) (c) such deputy judges as the Chief Justice may appoint. (Added 52 of 1987 s. 4) (2) A Justice of Appeal may sit in the Court of First Instance and act as a judge thereof whenever the business of the Court of First Instance so requires, in which case he shall have all the jurisdiction, powers and privileges of such a judge. (3) (Repealed 52 of 1987 s. 4) (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 5 Constitution of Court of Appeal VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court of Appeal shall consist of- (a) the Chief Judge of the High Court; and (b) such Justices of Appeal as the Governor may appoint. (1A) The Chief Judge of the High Court may appoint one or more of the Justices of Appeal as vice-presidents of the Court of Appeal. (Added 52 of 1987 s. 5) (2) A judge of the Court of First Instance 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 a judge of the Court of Appeal. (3) The Chief Judge of the High Court 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. (Amended 79 of 1995 s. 50; 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 6 Appointment of judges VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) A judge of the High Court, other than- (Amended 25 of 1998 s. 2) (a) a judge appointed under section 8(1) or (2); (Amended 80 of 1994 s. 4) (aa) a recorder; (Added 80 of 1994 s. 4. Amended 26 of 1997 s. 2) (b) a deputy judge; and (Amended 49 of 1983 s. 3; 26 of 1997 s. 2) (c) a judge appointed under section 11A(3)(a), (Added 26 of 1997 s. 2) 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) (Repealed 80 of 1994 s. 4) HIGH COURT ORDINANCE - SECT 6A Appointment of recorders VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Governor may appoint a person who is eligible to be appointed to be a judge of the High Court under section 9(1) or (1A), to be a recorder of the Court of First Instance for such period as may be specified in the instrument by which the appointment is made. (Amended 1 of 1997 s. 4) (2) An appointment made under subsection (1) shall be made- (a) in the case of the first appointment of a person as a recorder, by Letters Patent under the Public Seal; (b) in the case of a reappointment or subsequent appointment of a person who has previously been appointed, by such other instrument under the hand of the Governor as the Governor thinks fit. (3) A recorder shall have and may exercise all the jurisdiction, powers and privileges and shall have and perform all the duties of a judge of the Court of First Instance, and any reference in any law to such a judge shall be construed accordingly. (Added 80 of 1994 s. 5. Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 6B Appointment of judges and recorders may be retrospective VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Subject to subsection (2), any appointment made under section 6(1) or 6A(1) may be given effect from a date anterior to that of the Letters Patent by which it is made. (2) Nothing in subsection (1) 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. (Added 80 of 1994 s. 5) HIGH COURT ORDINANCE - SECT 7 Precedence VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The judges of the High Court shall take precedence in the following order- (a) the Chief Judge of the High Court; (Amended 79 of 1995 s. 50) (aa) the vice-presidents of the Court of Appeal who among themselves shall rank according to the priority of their respective appointments as vice-presidents; (Added 52 of 1987 s. 6) (b) the Justices of Appeal (other than vice-presidents), who among themselves shall rank according to the priority of their respective appointments; (Amended 52 of 1987 s. 6) (c) the judges of the Court of First Instance, who among themselves shall rank according to the priority of their respective appointments; (ca) the recorders of the Court of First Instance, 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 recorders irrespective of the priority of their appointments; (Added 80 of 1994 s. 6) (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 Court of First Instance, as the case may be, irrespective of the priority of their appointments. (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 8 Acting appointments VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) If the office of Chief Judge of the High Court 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 High Court under section 9, to act in such office until the vacancy therein is filled. (2) If the Chief Judge of the High Court 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 High Court under section 9, to act in his office until he resumes the duties thereof. (3) Any appointment made under subsection (1) or (2) may be given effect from a date anterior to that of the instrument by which it is made. (Added 80 of 1994 s. 7) (Amended 52 of 1987 s. 7; 79 of 1995 s. 50; 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 9 Professional qualifications of judges VerDate:08/07/2005 (1) A person shall be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2) (a) he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or (Amended 14 of 1997 s. 2) (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 a barrister, solicitor or advocate in such a court. (1A) A person shall also be eligible to be appointed to be a judge of the High Court if he is qualified to practise as a solicitor of the High Court and has for at least 10 years practised as such. (Added 52 of 1995 s. 2. Amended 25 of 1998 s. 2) (2) A person shall also be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2) (a) he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or (Amended 14 of 1997 s. 2) (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)-(iii) (Repealed 14 of 1997 s. 2) (iv) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iva) been the Registrar of the Hong Kong Court of Final Appeal appointed in accordance with section 42 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 10 of 2005 s. 132) (ivb) been the Registrar or a senior deputy registrar, deputy registrar or assistant registrar appointed in accordance with section 37; (Added 10 of 2005 s. 132) (ivc) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (Added 10 of 2005 s. 132) (v) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (va) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (Added 10 of 2005 s. 132) (vb) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (Added 10 of 2005 s. 132) (vc) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (Added 10 of 2005 s. 132) (vi) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (vii) (Repealed 8 of 1993 s. 6) (viii) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (Added 50 of 1976 s. 2. Amended 24 of 1983 s. 7; 39 of 1992 s. 8; 60 of 1992 s. 3) (ix) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (Added 39 of 1992 s. 8. Amended 60 of 1992 s. 3; 68 of 1995 s. 17) (x) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (Added 60 of 1992 s. 3) (2A) A person shall also be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2) (a) he is a solicitor of a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; (Amended 14 of 1997 s. 2) (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 a barrister, solicitor or advocate 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 (iv) to (x) of that subsection may be combined, and there may be included in such period, any period of practice as a barrister, solicitor or advocate in any of the courts referred to in subsection (2)(a). (Amended 50 of 1976 s. 2; 39 of 1992 s. 8; 60 of 1992 s. 3; 14 of 1997 s. 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 (iv) to (x) 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. Amended 39 of 1992 s. 8; 60 of 1992 s. 3; 14 of 1997 s. 2) (5) For the purposes of calculating the period of 10 years under subsection (2), periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap 100) may be taken into account notwithstanding the repeal of that Ordinance. (Added 8 of 1993 s. 6) (Amended 10 of 2005 s. 132) HIGH COURT ORDINANCE - SECT 10 Appointment of deputy judges VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Chief Justice may appoint a person, who is eligible to be appointed to be a judge of the High Court under section 9, to be a deputy judge of the Court of First Instance if- (Amended 44 of 1982 s. 3; 25 of 1998 s. 2) (a) the office of any judge of the Court of First Instance becomes vacant for any reason; or (Amended 25 of 1998 s. 2) (b) he considers that the interests of the administration of justice require that a deputy judge should be appointed temporarily. (1A) Subject to subsection (1B), any appointment made under subsection (1) may be given effect from a date anterior to that of the instrument by which it is made. (Added 80 of 1994 s. 8) (1B) Nothing in subsection (1A) shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the instrument or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap 11) have been fulfilled. (Added 80 of 1994 s. 8) (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 Court of First Instance, and any reference in any law to such a judge shall be construed accordingly. (Amended 25 of 1998 s. 2) (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) HIGH COURT ORDINANCE - SECT 11 Powers of recorders and deputy judges in cases which are part-heard on termination of appointment VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 If the hearing of any proceedings before a recorder or deputy judge is adjourned or if he reserves judgment in any proceedings, the recorder or deputy judge shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a recorder or deputy judge has expired or has been terminated. (Amended 49 of 1983 s. 5; 80 of 1994 s. 11) HIGH COURT ORDINANCE - SECT 11A Term of office of judges VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) A judge of the High Court shall vacate his office when he attains the retiring age. (2) Notwithstanding the fact that he has attained the retiring age, a person holding the office of a judge of the High Court may continue in office for so long after attaining the retiring age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. (3) Notwithstanding subsection (1)- (a) a person may be appointed to be a judge of the High Court (whatever his age and whether or not he has previously held office as such) for a specified period or periods not exceeding 5 years in the aggregate by the Governor acting in accordance with the recommendation of the Judicial Service Commission; and (b) the term of office of a judge of the High Court (other than a person appointed to be a judge under paragraph (a)) may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Governor acting in accordance with the recommendation of the Judicial Service Commission, and in any such case the judge shall accordingly be regarded as having attained the retiring age at the expiration of the specified period or periods. (4) A judge of the High Court may at any time resign his office by notice in writing addressed to the Governor. (5) In this section- "judge of the High Court" (高等法院法官) means a judge of the High Court other than a judge appointed under section 8(1) or (2), a recorder and a deputy judge; "retiring age" (退休年齡) means the age of 65 years. (Added 26 of 1997 s. 3. Amended 25 of 1998 s. 2) "judge of the High Court" (高等法院法官) "retiring age" (退休年齡) HIGH COURT ORDINANCE - SECT 12 Jurisdiction of Court of First Instance VerDate:01/02/1999 PART III JURISDICTION, LAW, PRACTICE AND POWERS (1) The Court of First Instance shall be a superior court of record. (2) The civil jurisdiction of the Court of First Instance 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 Court of First Instance 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) (Repealed 81 of 1997 s. 59) (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 12A Admiralty jurisdiction of Court of First Instance VerDate:02/01/2007 (1) The Admiralty jurisdiction of the Court of First Instance shall consist of- (Amended 25 of 1998 s. 2) (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; (f) 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- (i) under the Salvage Convention 1989; (ii) under any contract for or in relation to salvage services; or (iii) in the nature of salvage not falling within subparagraph (i) or (ii); or any corresponding claim in connection with an aircraft; (Replaced 35 of 1997 s. 9) (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; (l) 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 7 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap 413). (Replaced 37 of 1990 s. 12(2)) (3) The proceedings referred to in subsection (1)(b) are- (a) any application to the Court of First Instance under- (Amended 25 of 1998 s. 2) (i) the Merchant Shipping Acts 1894 to 1979* in their application to Hong Kong; (ii) the Merchant Shipping Ordinance (Cap 281); (iii) the Merchant Shipping (Safety) Ordinance (Cap 369); (iv) the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414); (Amended 55 of 1993 s. 30) (v) the Merchant Shipping (Registration) Ordinance (Cap 415); (Replaced 74 of 1990 s. 104(3). Amended 55 of 1993 s. 30; 24 of 2005 s. 55) (vi) the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of 2005 s. 55) (vii) the Merchant Shipping (Local Vessels) Ordinance (Cap 548); (Added 24 of 2005 s. 55) (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- (i) the Merchant Shipping Acts 1894 to 1979* in their application to Hong Kong; (ii) (Repealed 24 of 2005 s. 55) (iii) the Merchant Shipping (Safety) Ordinance (Cap 369); (Amended 55 of 1993 s. 30) (iv) the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414); (Amended 55 of 1993 s. 30; 24 of 2005 s. 55) (v) the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of 2005 s. 55) (vi) the Merchant Shipping (Local Vessels) Ordinance (Cap 548), (Added 24 of 2005 s. 55) for the limitation of the amount of their liability in connection with a ship or other property. (Replaced 38 of 1990 Sch. 2) (4) The jurisdiction of the Court of First Instance 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. (Amended 25 of 1998 s. 2) (5) Subsection (2)(e) extends to- (a) any claim in respect of a liability incurred under Part II of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414); and (b) any claim in respect of a liability incurred by the International Oil Pollution Compensation Fund under Part III of that Ordinance. (Replaced 38 of 1990 Sch. 2) (6) In subsection (2)(i)- (a) the "Salvage Convention 1989" (1989年救助公約) means the International Convention on Salvage 1989 as it has effect under section 9 of the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance (Cap 508); (b) the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services; (c) the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in subsection (2)(i)(i) or (ii) which is available under section 9 of the Civil Aviation Ordinance (Cap 448). (Replaced 35 of 1997 s. 9) (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 to the cases in which money or property is recoverable under any of the provisions of- (a) the Merchant Shipping Acts 1894 to 1979* in their application to Hong Kong; (b) the Merchant Shipping Ordinance (Cap 281); (ba) the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Added 44 of 1995 s. 143) (c) the Merchant Shipping (Safety) Ordinance (Cap 369); (d) the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414); (Replaced 38 of 1990 Sch 2. Amended 55 of 1993 s. 30) (e) the Merchant Shipping (Registration) Ordinance (Cap 415); (Added 74 of 1990 s. 104(3). Amended 55 of 1993 s. 30; 24 of 2005 s. 55) (f) the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap 434); or (Added 55 of 1993 s. 30. Amended 24 of 2005 s. 55) (g) the Merchant Shipping (Local Vessels) Ordinance (Cap 548). (Added 24 of 2005 s. 55) (Added 3 of 1989 s. 2) [cf. 1981 c. 54 s. 20 U.K.] ___________________________________________________________________________ Note: * Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. "Salvage Convention 1989" (1989年救助公約) HIGH COURT ORDINANCE - SECT 12B Mode of exercise of Admiralty jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Subject to section 12C an action in personam may be brought in the Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 21 U.K.] HIGH COURT ORDINANCE - SECT 12C Restrictions on entertainment of actions in personam in collision and other similar cases VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction. (Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 22 U.K.] HIGH COURT ORDINANCE - SECT 12D Court of First Instance not to have jurisdiction in cases within Rhine Navigation Convention VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 The Court of First Instance 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 Court of First Instance shall be set aside. (Added 3 of 1989 s. 2. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 23 U.K.] HIGH COURT ORDINANCE - SECT 12E Supplementary provisions as to Admiralty jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In sections 12A to 12D and this section, unless the context otherwise requires- "collision regulations" (碰撞規例) means regulations made or deemed to have been made under Part IX of the Merchant Shipping (Safety) Ordinance (Cap 369); "goods" (貨物) includes baggage; "hovercraft" (氣墊船) 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" (船長) includes every person (except a pilot) having command or charge of a ship; "Rhine Navigation Convention" (《萊茵河航行公約》) means the Convention of 7 October 1868 as revised by any subsequent convention; "ship" (船舶) 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" (拖曳) and "pilotage" (領港) 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 Court of First Instance 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 or a ship registered in Hong Kong; (Amended 74 of 1990 s. 104(3); 25 of 1998 s. 2) (b) affect the provisions of section 552 of the Merchant 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 Court of First Instance shall become the property of the Government of Hong Kong and the Court of First Instance may of its own motion or upon application order that such property be sold and the proceeds paid into the general revenue. (Amended 25 of 1998 s. 2) (4) In this section- "Her Majesty's ships" (女皇陛下的船舶) and "Her Majesty's aircraft" (女皇陛下的航空器) have the meanings given by section 38(2) of the Crown Proceedings Act 1947 (1947 c. 44 U.K.); "Her Majesty's hovercraft" (女皇陛下的氣墊船) 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.] ___________________________________________________________________________ Note: * Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. "collision regulations" (碰撞規例) "goods" (貨物) "hovercraft" (氣墊船) "master" (船長) "Rhine Navigation Convention" (《萊茵河航行公約》) "ship" (船舶) "towage" (拖曳) and "pilotage" (領港) "Her Majesty's ships" (女皇陛下的船舶) and "Her Majesty's aircraft" (女皇陛下的航空器) "Her Majesty's hovercraft" (女皇陛下的氣墊船) HIGH COURT ORDINANCE - SECT 13 Jurisdiction of Court of Appeal VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance in any civil cause or matter; (Amended 25 of 1998 s. 2) (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 Court of First Instance or District Court under Part IV of the Criminal Procedure Ordinance (Cap 221); (Amended 25 of 1998 s. 2) (aa) appeals from a judgment or order of the Court of First Instance given or made in the exercise of the powers conferred on it under section 21I(1) and relating to a criminal cause or matter; (Added 2 of 1993 s. 3. Amended 25 of 1998 s. 2) (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 Secretary for Justice for the review of any sentence under section 81A(1) of the Criminal Procedure Ordinance (Cap 221); (ii) references by the Secretary for Justice of questions of law under section 81D of the Criminal Procedure Ordinance (Cap 221); (Replaced 20 of 1979 s. 10. Amended L.N. 362 of 1997) (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 Court of First Instance 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 Court of First Instance. (Added 52 of 1987 s. 9. Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 14 Appeals in civil matters VerDate:02/12/2002 (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) HIGH COURT ORDINANCE - SECT 14A Appeal from order on application for judicial review in criminal cause or matter VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 An appeal shall lie to the Court of Appeal from a judgment or order of the Court of First Instance given or made on an application for judicial review referred to in section 21K(1) and relating to a criminal cause or matter. (Added 2 of 1993 s. 4. Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 15 Application for new trial VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where any cause or matter or any issue in any cause or matter has been tried in the Court of First Instance, 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 1987 s. 11. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 17 U.K.] HIGH COURT ORDINANCE - SECT 16 Law and equity to be administered in High Court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court of Appeal and the Court of First Instance, 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 Court of First Instance 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 Court of First Instance 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. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 49 U.K.] HIGH COURT ORDINANCE - SECT 17 Power to award damages as well as, or in substitution for, injunction or specific performance VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Where the Court of Appeal or the Court of First Instance 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 1987 s. 11. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 50 U.K.] HIGH COURT ORDINANCE - SECT 18 (Repealed 52 of 1987 s. 12) VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 HIGH COURT ORDINANCE - SECT 19 (Repealed 52 of 1987 s. 12) VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 HIGH COURT ORDINANCE - SECT 20 Power of Court of First Instance to impose charging order VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where, under a judgment or order of the Court of First Instance, 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 Court of First Instance 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 1987 s. 13) (2) An order under subsection (1) is referred to in this Ordinance as a "charging order". (Replaced 52 of 1987 s. 13) (3) In deciding whether to make a charging order the Court of First Instance 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 1987 s. 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 Court of First Instance. (Amended 25 of 1998 s. 2) [cf. 1979 c. 53 s. 1 U.K.] HIGH COURT ORDINANCE - SECT 20A Property which may be charged VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 (c), the Court of First Instance may provide for the charge to extend to any interest, dividend or other distribution payable and any bonus issue in respect of the asset. (Amended 25 of 1998 s. 2) (4) In this section- "dividend" (派息) includes any distribution in respect of any unit of a unit trust; [cf. 1979 c. 53 s. 6 U.K.] "stock" (證券) 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" (單位信託) 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 1987 s. 14) [cf. 1979 c. 53 s. 2 U.K.] "dividend" (派息) "stock" (證券) "unit trust" (單位信託) HIGH COURT ORDINANCE - SECT 20B Provisions supplementary to sections 20 and 20A VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance 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. (Amended 25 of 1998 s. 2) (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 Registrar 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. (Amended 8 of 1993 s. 3) (Added 52 of 1987 s. 14) [cf. 1979 c. 53 s. 3 U.K.] HIGH COURT ORDINANCE - SECT 21 Attachment of debts VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance 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 1987 s. 15; 25 of 1998 s. 2) (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" (認可金融機構) means an authorized institution within the meaning of section 2 of the Banking Ordinance (Cap 155). (Added 52 of 1987 s. 15. Amended 49 of 1995 s. 53) [cf. 1956 c. 46 s. 38 U.K.] "authorized financial institution" (認可金融機構) HIGH COURT ORDINANCE - SECT 21A No arrest or imprisonment without order VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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" (法庭) includes the Registrar or any Master. (Amended 52 of 1987 s. 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 a judgment or order of the Court. (Added 1 of 1984 s. 2) "Court" (法庭) HIGH COURT ORDINANCE - SECT 21B Prohibition on debtor leaving Hong Kong VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 (c) 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" (法院、法庭) includes the Registrar or any Master. (Amended 52 of 1987 s. 17) (11) The form of order under this section may be prescribed by rules of court. (Added 1 of 1984 s. 2) "Court" (法院、法庭) HIGH COURT ORDINANCE - SECT 21C Effect of writs of execution against goods VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Subject to subsection (2), a writ of fieri facias or other writ of execution against goods issued from the Court of First Instance 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. (Amended 25 of 1998 s. 2) (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" (產權) means the general property in goods, and not merely a special property; (b) "bailiff" (執達主任) includes any officer charged with the enforcement of a writ of execution; (c) 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 1987 s. 18) [cf. 1981 c. 54 s. 138 U.K.] "property" (產權) "bailiff" (執達主任) HIGH COURT ORDINANCE - SECT 21D Sale of property in execution of judgment VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 $10000 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 1987 s. 18) HIGH COURT ORDINANCE - SECT 21E Enforcement of fines and forfeited recognizances VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance may be enforced upon the order of the Court in like manner as a judgment of the Court of First Instance 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 Court of First Instance- (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 a judgment debt. (3) In this section, "fine" (罰款) includes a penalty imposed in civil proceedings. (Added 52 of 1987 s. 18. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 140 U.K.] "fine" (罰款) HIGH COURT ORDINANCE - SECT 21F Relief against forfeiture by action for non-payment of rent VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) Subject to subsection (1A), this section has effect where a lessor is proceeding by action in the Court of First Instance to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent. (Amended 25 of 1998 s. 2; 32 of 2002 s. 40) (1A) Where during the term of a lease the application of this section has prevented a lessor from enforcing against a lessee a right mentioned in subsection (1), then during that term this section shall not be applicable again to prevent the lessor from exercising that right against the lessee unless the Court is satisfied that there is good cause why this section should apply in favour of the lessee. (Added 32 of 2002 s. 40) (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 7 days 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. (Amended 32 of 2002 s. 40) (3A) The Secretary for Development may, by notice published in the Gazette, amend the number of days specified in subsection (3) by substituting another number therefor. (Added 32 of 2002 s. 40. Amended L.N. 130 of 2007) (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 1987 s. 18) [cf. 1984 c. 28 s. 138 U.K.] HIGH COURT ORDINANCE - SECT 21G Service of writ in lieu of demand VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 In a case where section 21F 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 1987 s. 18) [cf. 1984 c. 28 s. 139 U.K.] HIGH COURT ORDINANCE - SECT 21H Interpretation and application of sections 21F, 21G and 21H VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 3 (1) In this section and sections 21F and 21G- "lease" (租契) 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" (承租人) includes- (a) an original or derivative under-lessee; and (b) the persons deriving title under a lessee; "lessor" (出租人) includes- (a) an original or derivative under-lessor; and (b) the persons deriving title under a lessor; "trial" (審訊) includes the hearing of an application for summary judgment; "under-lease" (分租租契) includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; "under-lessee" (承轉租人) includes any person deriving title under an under-lessee. (2) Nothing in section 21F shall affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 3) (Added 52 of 1987 s. 18) [cf. 1984 c. 28 s. 140 U.K.] "lease" (租契) "lessee" (承租人) "lessor" (出租人) "trial" (審訊) "under-lease" (分租租契) "under-lessee" (承轉租人) HIGH COURT ORDINANCE - SECT 21I Orders of mandamus, prohibition and certiorari VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court of First Instance 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). (Amended 25 of 1998 s. 2) (2) Every such order shall be final, subject to any right of appeal therefrom. (3) The power of the Court of First Instance under any enactment to require, 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 Court of First Instance, in any case where the Court of First Instance 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. (Amended 47 of 1997 s. 10; 25 of 1998 s. 2) (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 1987 s. 18) [cf. 1981 c. 54 s. 29 U.K.] HIGH COURT ORDINANCE - SECT 21J Injunction to restrain persons acting in offices in which they are not entitled to act VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where a person not entitled to do so acts in an office to which this section applies, the Court of First Instance may- (Amended 25 of 1998 s. 2) (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 1987 s. 18) [cf. 1981 c. 54 s. 30 U.K.] HIGH COURT ORDINANCE - SECT 21K Application for judicial review VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) An application to the Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance 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 Court of First Instance quashes the decision to which the application relates, the Court of First Instance 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 Court of First Instance. (6) Where the Court of First Instance 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. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 31 U.K.] HIGH COURT ORDINANCE - SECT 21L Injunction and receiver VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Court of First Instance may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the Court of First Instance 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 Court of First Instance under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the Court of First Instance, 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 Court of First Instance 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 Court of First Instance 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 1987 s. 18. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 37 U.K.] HIGH COURT ORDINANCE - SECT 22 (Repealed 52 of 1987 s. 19) VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 HIGH COURT ORDINANCE - SECT 22A Applications for, and issue of, writs of habeas corpus VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) An application may be made to the Court of First Instance- (a) alleging that a person named in the application is being detained without lawful justification; and (b) requesting the issue of a writ of habeas corpus in respect of that person. (2) An application can be made by the person alleged to be detained, or by any other person on that person's behalf, and, in particular, can be made by or on behalf of a person who claims to be legally entitled to the custody of another person. (3) An application can be made ex parte. (4) As soon as practicable after receiving an application, the Court of First Instance must inquire into the allegation that the applicant is being unlawfully detained. All proceedings under this section are to be conducted in open court unless the Court, in exceptional circumstances specified by the Court, orders the proceedings, or a part of the proceedings, to be conducted in camera. All orders and decisions made in respect of those proceedings, and the reasons for those orders and decisions, are in every case to be announced in open court. (5) On considering the application, the Court of First Instance must, if satisfied that the application has substance, do either of the following- (a) order the issue of a writ of habeas corpus directing the person having custody of the applicant to have the applicant brought before the Court at a specified time on a specified date and to certify to the Court the grounds for the applicant's detention; (b) order the person having custody of the applicant to appear before the Court in order to justify the lawfulness of the applicant's detention. (6) The Court of First Instance may dismiss an application for a writ of habeas corpus if satisfied, on considering the application, that it has no substance. (7) The person to whom a writ of habeas corpus is directed must, not later than the time and on the date specified in the writ- (a) produce before the Court of First Instance the person alleged to be detained; and (b) make a formal return to the writ. However, the Court of First Instance may extend the time within which a writ of habeas corpus must be complied with if it is satisfied that there is a good reason to do so. (8) If for any reason it is not possible for the person to whom a writ of habeas corpus is directed to comply with the writ, that person must nevertheless make a return to the Court of First Instance specifying the reason why it is not possible to comply with the writ. (9) When a person is brought before the Court of First Instance in accordance with a writ of habeas corpus, the Court must immediately inquire into the circumstances surrounding the detention of the person and must order the release of that person from detention unless satisfied that the detention is lawful. (10) If a person who has custody of a detained person appears before the Court in accordance with an order made under subsection (5)(b) but fails to satisfy the Court that the detention is lawful, the Court must order the detained person to be released from detention immediately. (11) If a writ of habeas corpus has been issued in respect of a detained person, the person having custody of the detained person must not, until the writ is discharged or the proceedings are concluded- (a) allow the detained person to be moved to another place of detention in Hong Kong otherwise than under the authority of the Prisons Ordinance (Cap 234) or of any other enactment expressly providing for the detention of persons; or (b) allow the detained person to be removed from Hong Kong. (12) If a person who was formerly held in detention on a particular ground is released because of the issue of a writ of habeas corpus, or in accordance with an order made under subsection (10), a person may redetain that person on the same or a similar ground only if there has been a material change in the relevant circumstances. (13) A person who- (a) fails to comply with a writ of habeas corpus or with a requirement of this section; or (b) contravenes subsection (12), is guilty of contempt of the Court of First Instance. (14) The right to obtain a writ of habeas corpus under the common law is preserved and is affected by this section only in so far as it is inconsistent with this section. (15) For the purposes of this section- (a) a person has custody of another person not only when the person has actual custody over the body of that other person but also when the person has power or control over that other person's body; and (b) in relation to an application made on behalf of a person, a reference to an applicant includes a reference to that person. (Added 95 of 1997 s. 3. Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 23 Restriction on repeated applications for habeas corpus VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Notwithstanding anything in any law or rule of court, where an application for habeas corpus has been made by or in respect of any person, no such application shall again be made to the Court of First Instance 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. (Amended 95 of 1997 s. 4; 25 of 1998 s. 2) (2) (Repealed 95 of 1997 s. 4) [cf. 1960 c. 65 s. 14 U.K.] HIGH COURT ORDINANCE - SECT 24 Appeal in habeas corpus proceedings VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 An appeal shall lie as of right to the Court of Appeal from any decision of the Court of First Instance on an application for habeas corpus, whether the Court of First Instance orders the release of the person detained or refuses to make such an order. (Amended 95 of 1997 s. 5; 25 of 1998 s. 2) [cf. 1960 c. 65 s. 15 U.K.] HIGH COURT ORDINANCE - SECT 25 Power of Court of First Instance to vary sentence on certiorari VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where a person who has been sentenced for an offence by a magistrate or the District Court applies to the Court of First Instance for an order of certiorari to remove the proceedings before the magistrate or the District Court into the Court of First Instance, and the Court of First Instance determines that the magistrate or the District Court had no power to pass the sentence, the Court of First Instance 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 Court of First Instance by virtue of this section in substitution for the sentence passed by a magistrate or the District Court shall, unless the Court of First Instance 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. (Amended 25 of 1998 s. 2) [cf. 1960 c. 65 s. 16 U.K.] HIGH COURT ORDINANCE - SECT 25A Execution of instruments by order of Court of First Instance VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where the Court of First Instance 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 Court of First Instance 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 Court of First Instance to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument. (Added 52 of 1987 s. 20. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 39 U.K.] HIGH COURT ORDINANCE - SECT 26 Wards of court VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance. (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 Court of First Instance 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. (Amended 25 of 1998 s. 2) [cf. 1949 c. 100 s. 9 U.K.] HIGH COURT ORDINANCE - SECT 27 Vexatious litigants VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) If, on an application made by the Secretary for Justice under this section, the Court of First Instance is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the Court of First Instance or in any inferior court, and whether against the same person or against different persons, the Court of First Instance may, after hearing that person or giving him an opportunity of being heard, order that no legal proceedings shall without the leave of the Court of First Instance 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 Court of First Instance 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. (Amended L.N. 362 of 1997; 25 of 1998 s. 2) (2) A copy of any order made under subsection (1) shall be published in the Gazette. (Added 52 of 1987 s. 21) [cf. 1925 c. 49 s. 51 U.K.] HIGH COURT ORDINANCE - SECT 28 Sittings of High Court and distribution of business VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART IV SITTINGS AND DISTRIBUTION OF BUSINESS (1) The High Court shall sit at such times and at such places as the Chief Justice shall appoint. (2) The distribution of business of the High Court shall be made in accordance with directions given by the Chief Justice. (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 29 Vacations VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The following vacations shall be observed in each year in the High Court and the Registries- (Amended 25 of 1998 s. 2) (a) the Summer vacation; (Amended 52 of 1987 s. 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. HIGH COURT ORDINANCE - SECT 30 Business in vacations VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The High Court and the Registries shall be open during any vacation (except on general holidays) for the purpose of- (Amended 25 of 1998 s. 2) (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) HIGH COURT ORDINANCE - SECT 31 Computation of vacation period and validity of acts therein VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where by any law regulating civil procedure, or by any special order of the High 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 1987 s. 23; 25 of 1998 s. 2) 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. HIGH COURT ORDINANCE - SECT 32 Proceedings in Court of First Instance to be disposed of by single judge VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Subject to sections 41 and 42 of the Criminal Procedure Ordinance (Cap 221), to subsection (3) of this section and to rules of court, every proceeding in the Court of First Instance and all business arising therefrom shall be heard and determined by a judge of the Court of First Instance 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 Court of First Instance before whom the trial or hearing took place. (3) The Chief Justice may direct that any proceeding, or class of proceeding, in the Court of First Instance shall be heard and determined by 2 or more judges of the Court. (Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 32A Proceedings in court and in chambers VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Business in the Court of First Instance 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 1987 s. 24. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 67 U.K.] HIGH COURT ORDINANCE - SECT 33 Powers of judge in chambers VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) A judge of the Court of First Instance may, subject to rules of court, exercise in chambers all or any part of the jurisdiction vested in the Court of First Instance, 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 Court of First Instance sitting in court shall be deemed to constitute a court of the Court of First Instance. (Amended 25 of 1998 s. 2) [cf. 1925 c. 49 s. 61 U.K.] HIGH COURT ORDINANCE - SECT 33A Trial by jury in the Court of First Instance VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) Where, on the application of any party to an action the Court of First Instance 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 Court of First Instance 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 a jury. (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 different 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 Court of First Instance 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 1987 s. 25. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 69 U.K.] HIGH COURT ORDINANCE - SECT 34 Sittings of Court of Appeal VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) This section relates to the Court of Appeal in the exercise of its criminal jurisdiction; and in this section "Court" (法庭) means the Court of Appeal exercising such jurisdiction. (Replaced 52 of 1987 s. 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 Court of First Instance in which there has been a trial thereof or of any issue therein with a jury; or (Amended 25 of 1998 s. 2) (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 1987 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 a judgment 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 221), 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 Secretary for Justice for the review of any sentence, and the consideration of a reference by the Secretary for Justice of a question of law, under sections 81, 81A and 81D respectively of that Ordinance. (Amended 20 of 1979 s. 10; L.N. 362 of 1997) (Amended 52 of 1987 s. 26) "Court" (法庭) HIGH COURT ORDINANCE - SECT 34A Powers of single Justice of Appeal in Court of Appeal in its criminal jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 1987 s. 27) HIGH COURT ORDINANCE - SECT 34B Composition of Court of Appeal in its civil jurisdiction VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) This section relates to the Court of Appeal in the exercise of its civil jurisdiction; and in this section "Court" (法庭) 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 single Justice of Appeal acting by virtue of section 35(1); (c) 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 Court of Final Appeal. (Amended 79 of 1995 s. 50) (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 Court of First Instance. (Added 52 of 1987 s. 27. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 54 U.K.] "Court" (法庭) HIGH COURT ORDINANCE - SECT 35 Powers of single judge in Court of Appeal VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 1987 s. 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 1987 s. 28) HIGH COURT ORDINANCE - SECT 36 Acts required to be done by Chief Justice may also be done by any judge VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Where by or under any law any judicial or other act is required or authorized to be exercised or performed by the Chief Justice or by the Chief Judge of the High Court, such act other than an act in the performance of or relating to the performance of a function under the Hong Kong Court of Final Appeal Ordinance (Cap 484) may be exercised or performed by any judge of the High Court. (Amended 79 of 1995 s. 50; 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 37 Registrar of High Court VerDate:08/07/2005 PART V REGISTRAR AND OTHER OFFICERS (1) There shall be attached to the High Court a Registrar and such senior deputy registrars, deputy registrars and assistant registrars as may be appointed. (Amended 25 of 1998 s. 2) (2) The senior deputy registrars, deputy registrars and assistant registrars may be called Masters. (Added 52 of 1987 s. 29) (Amended 10 of 2005 s. 133) HIGH COURT ORDINANCE - SECT 37A Appointment of temporary deputy registrars VerDate:08/07/2005 Due to technical constraints, sections 37AA, 37AB and 37AC of this Ordinance are placed after section 37A in the BLIS system. The correct sequence of the sections should be "37AA, 37AB, 37AC, 37A". (1) The Chief Justice may appoint a person who is eligible under section 37AA(3) to be appointed as a deputy registrar to be a temporary deputy registrar if- (Amended 10 of 2005 s. 135) (a) the office of any deputy registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary deputy registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary deputy registrar for a specified period only. (3) The Chief Justice may terminate the appointment of a temporary deputy registrar at any time. (4) A temporary deputy registrar may be called Master. (5) In this section and section 40A, "temporary deputy registrar" (暫委副司法常務官) means a person appointed under subsection (1) to be a temporary deputy registrar. (Added 1 of 1997 s. 5) "temporary deputy registrar" (暫委副司法常務官) HIGH COURT ORDINANCE - SECT 37AA Professional qualifications of Registrar, senior deputy registrars, deputy registrars and assistant registrars VerDate:08/07/2005 Due to technical constraints, sections 37AA, 37AB and 37AC of this Ordinance are placed after section 37A in the BLIS system. The correct sequence of the sections should be "37AA, 37AB, 37AC, 37A". (1) A person shall be eligible to be appointed as the Registrar if- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; (ii) been a senior deputy registrar, deputy registrar or assistant registrar appointed in accordance with section 37; (iii) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iv) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (v) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (vi) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (vii) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (viii) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (ix) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (x) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (xi) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (xii) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (2) A person shall be eligible to be appointed as a senior deputy registrar if- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; (ii) been a deputy registrar or assistant registrar appointed in accordance with section 37; (iii) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iv) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (v) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (vi) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (vii) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (viii) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (ix) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (x) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (xi) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (xii) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (3) A person shall be eligible to be appointed as a deputy registrar if- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; (ii) been an assistant registrar appointed in accordance with section 37; (iii) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iv) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (v) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (vi) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (vii) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (viii) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (ix) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (x) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (xi) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (xii) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (4) A person shall be eligible to be appointed as an assistant registrar if- (a) he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and (b) since becoming so qualified, he has for a period of or periods totalling not less than 5 years- (i) practised as a barrister, solicitor or advocate in such a court; (ii) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iii) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (iv) been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (v) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (vi) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (vii) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (viii) been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87); (ix) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (x) been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (xi) been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (5) For the purposes of calculating the period of 5 years referred to in subsections (1)(b), (2)(b), (3)(b) and (4)(b)- (a) periods of less than 5 years falling within any of the subparagraphs of subsection (1)(b), (2)(b), (3)(b) or (4)(b), as the case may be, may be combined; (b) periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap 100) may be taken into account notwithstanding the repeal of that Ordinance. (Added 10 of 2005 s. 134) HIGH COURT ORDINANCE - SECT 37AB Appointment of temporary registrar VerDate:08/07/2005 Due to technical constraints, sections 37AA, 37AB and 37AC of this Ordinance are placed after section 37A in the BLIS system. The correct sequence of the sections should be "37AA, 37AB, 37AC, 37A". (1) The Chief Justice may appoint a person who is eligible under section 37AA(1) to be appointed as the Registrar to be a temporary registrar if- (a) the office of the Registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary registrar for a specified period only. (3) The Chief Justice may terminate the appointment of a temporary registrar at any time. (4) In this section and section 40A, "temporary registrar" (暫委司法常務 官) means a person appointed under subsection (1) to be a temporary registrar. (Added 10 of 2005 s. 134) "temporary registrar" (暫委司法常務官) HIGH COURT ORDINANCE - SECT 37AC Appointment of temporary senior deputy registrars VerDate:08/07/2005 Due to technical constraints, sections 37AA, 37AB and 37AC of this Ordinance are placed after section 37A in the BLIS system. The correct sequence of the sections should be "37AA, 37AB, 37AC, 37A". (1) The Chief Justice may appoint a person who is eligible under section 37AA(2) to be appointed as a senior deputy registrar to be a temporary senior deputy registrar if- (a) the office of any senior deputy registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary senior deputy registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary senior deputy registrar for a specified period only. (3) The Chief Justice may terminate the appointment of a temporary senior deputy registrar at any time. (4) A temporary senior deputy registrar may be called Master. (5) In this section and section 40A, "temporary senior deputy registrar" (暫委高級副司法常務官) means a person appointed under subsection (1) to be a temporary senior deputy registrar. (Added 10 of 2005 s. 134) "temporary senior deputy registrar" (暫委高級副司法常務官) HIGH COURT ORDINANCE - SECT 37B Appointment of temporary assistant registrars VerDate:08/07/2005 "temporary assistant registrar" (暫委助理司法常務官) (1) The Chief Justice may appoint a person who is eligible under section 37AA(4) to be appointed as an assistant registrar to be a temporary assistant registrar if- (Amended 10 of 2005 s. 136) (a) the office of any assistant registrar becomes vacant for any reason; or (b) he considers that the interest of the administration of justice requires that a temporary assistant registrar should be appointed. (2) Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appointed a temporary assistant registrar for a specified period only. (3) The Chief Justice may terminate the appointment of a temporary assistant registrar at any time. (4) A temporary assistant registrar may be called Master. (5) In this section and section 40A, "temporary assistant registrar" (暫委助理司法常務官) means a person appointed under subsection (1) to be a temporary assistant registrar. (Added 1 of 1997 s. 5) HIGH COURT ORDINANCE - SECT 38 Jurisdiction, powers and duties of Registrar VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 1987 s. 30) HIGH COURT ORDINANCE - SECT 38A Bailiff VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 There shall be a bailiff of the High 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. Amended 25 of 1998 s. 2) HIGH COURT ORDINANCE - SECT 39 Protection of Registrar VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance under section 40; and (Amended 25 of 1998 s. 2) (ii) no material fact is wilfully misrepresented or suppressed by the Registrar. (2) In this section- "Registrar" (司法常務官) includes a Master. (Amended 52 of 1987 s. 32) "Registrar" (司法常務官) HIGH COURT ORDINANCE - SECT 40 Registrar may apply for order VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 The Registrar may, in case of doubt or difficulty, apply summarily to the Court of First Instance for an order for the direction and guidance of a