Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 52

COMMITTAL

1. Committal for contempt of Court (O. 52, r. 1)

The power of the Court to punish for contempt of court may be exercised by an
order of committal made by a judge. (See Appendix A, Forms 85, 85A)

2. Grant of leave to apply for committal (O. 52, r. 2)

(1) No application for an order of committal against any person may be made
unless leave to make such an application has been granted in accordance with
this rule.

(2) An application for such leave must be made ex parte to a judge, and must
be supported by a statement setting out the name and description of
the applicant, the name, description and address of the person sought to be
committed and the grounds on which his committal is sought, and by an
affidavit, to be filed before the application is made, verifying the facts
relied on.

(3) The applicant must give notice of the application for leave not later than
the preceding day to the Registrar and must at the same time lodge with the
Registrar copies of the statement and affidavit.

(4) The judge may determine the application for leave without a hearing,
unless a hearing is requested in the notice of application, and need not sit
in open court; and in any case the Registrar shall serve a copy of the judge's
order on the applicant.

(5) Where an application for leave is refused by a judge or is granted on
terms, the applicant may appeal against the judge's order to the Court of
Appeal within 10 days after such order.

(6) Without prejudice to the powers conferred by Order 20, rule 8, the judge
hearing an application for leave may allow the applicant's statement to be
amended on such terms, if any, as the judge thinks fit.

(7) If the judge grants leave he may impose such terms as to costs and as to
giving of security as he thinks fit.

3. Application for order after leave to
apply granted (O. 52, r. 3)

(1) When leave has been granted to make an application for an order of
committal, the application shall be made by originating summons to a judge and
unless the judge granting leave has otherwise directed, there must be at least
8 clear days between the service of the originating  summons and the day named
therein for the hearing.

(2) Unless within 14 days after such leave was granted the originating summons
is entered for hearing the leave shall lapse.

(3) The originating summons, accompanied by a copy of the statement and
affidavit in support of the application for leave under rule 2, and the notice
of hearing of the originating summons must be served personally on the person
sought to be committed.

(4) Without prejudice to the powers of the Court under Order 65, rule 4, the
judge may dispense with service under this rule if he thinks it just to do so.
(L.N. 217 of 2000)

5. Saving for power to commit without application
for purpose (O. 52, r. 5)

Nothing in the foregoing provisions of this Order shall be taken as affecting
the power of the Court to make an order of committal of its own motion against
a person guilty of contempt of court.

6. Provisions as to hearing (O. 52, r. 6)

(1) Subject to paragraph (2), the judge hearing an application for an order of
committal may sit in private in the following cases, that is to say-

   (a)  where the application arises out of proceedings relating to the
        adoption of an infant or wholly or mainly to the guardianship,
        custody, maintenance or upbringing of an infant, or rights of access
        to an infant;

   (b)  where the application arises out of proceedings relating to a person
        suffering or appearing to be suffering from mental disorder within the
        meaning of the Mental Health Ordinance ( Cap 136);

   (c)  where the application arises out of proceedings in which a secret
        process, discovery or invention was in issue;

   (d)  where it appears to the judge that in the interests of the
        administration of justice or for reasons affecting the security of
        Hong Kong the application should be heard in private, but, except as
        aforesaid, the application shall be heard in open court.

(2) If the judge hearing an application in private by virtue of paragraph (1)
decides to make an order of committal against the person sought to be
committed, he shall in open court state-

   (a)  the name of that person;

   (b)  in general terms the nature of the contempt of court in respect of
        which the order of committal is being made; and

   (c)  the length of the period for which he is being committed.

(3) Except with the leave of the judge hearing an application for an order of
committal, no grounds shall be relied upon at the hearing except the grounds
set out in the statement under rule 2. The foregoing provision is
without prejudice to the powers of the Court under Order 20, rule 8.

(4) If on the hearing of the application the person sought to be committed
expresses a wish to give oral evidence on his own behalf, he shall be entitled
to do so.

7. Power to suspend execution of committal
order (O. 52, r. 7)

(1) The judge by whom an order of committal is made may by order direct that
the execution of the order of committal shall be suspended for such period or
on such terms or conditions as he may specify.

(2) Where execution of an order of committal is suspended by an order under
paragraph (1), the applicant for the order of committal must, unless the judge
otherwise directs, serve on the person against whom it was made a notice
informing him of the making and terms of the order under that paragraph.

8. Discharge of person committed (O. 52, r. 8)

(1) The judge may, on the application of any person committed to prison for
any contempt of court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or
order requiring him to deliver any thing to some other person or to deposit it
in court or elsewhere, and a writ of sequestration has also been issued to
enforce that judgment or order, then, if the thing is in the custody or power
of the person committed, the commissioners appointed by the writ of
sequestration may take possession of it as if it were the property of that
person and, without prejudice to the generality of paragraph (1), the judge
may discharge the person committed and may give such directions for dealing
with the thing taken by the commissioners as he thinks fit.

9. Saving for other powers (O. 52, r. 9)

Nothing in the foregoing provisions of this Order shall be taken as affecting
the power of the Court to make an order requiring a person guilty of contempt
of court, or a person punishable by virtue of any written law in like manner
as if he had been guilty of contempt of the  Court of First Instance, to pay a
fine or to give security for his good behaviour, and those provisions, so far
as applicable, and with the necessary modifications, shall apply in relation
to an application for such an order as they apply in relation to an
application for an order of committal.