Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 58

APPEALS

(Past version on 01/09/2000).

1. Appeals from master to judge in
chambers (O. 58, r. 1)

(1) Except as provided by rule 2 and Order 32 rule 17, an appeal shall lie to
a judge in chambers from any judgment, order or decision of a master,
irrespective of whether the judgment, order or decision was given or made on
the basis of written submissions only or after hearing.

(2) The appeal shall be brought by serving on every other party to the
proceedings in which the judgment, order or decision was given or made a
notice to attend before the judge on a day specified in the notice or as on
such other day as may be directed.

(3) Unless the Court otherwise orders, the notice must be issued within 14
days after the judgment, order or decision appealed against was given or made
and must be served within 5 days after issue and an appeal to which this rule
applies shall not be heard sooner than 2 clear days after such service.

(4) No further evidence (other than evidence as to matters which have occurred
after the date on which the judgment, order or decision was given or made) may
be received on the hearing of an appeal under this rule except on special
grounds. (L.N. 153 of 2008) (L.N. 153 of 2008)

2. Appeals to Court of Appeal (O. 58, r. 2)

(1) Subject to the provisions of this rule, an appeal shall lie to the Court
of Appeal from any judgment, order or decision of a judge. (L.N. 153 of 2008)

(2) Subject to the provisions of this rule, an appeal lies to the  Court of
Appeal from-

   (a)  a judgment, order or decision of a master on any cause, matter,
        question or issue tried or assessed before him under Order 14, rule
        6(2), Order 36, rule 1, Order 37 or Order 84A, rule 3; and

   (b)  a judgment, order or decision (other than an interlocutory judgment,
        order or decision) of a master given or made under Order 49B. (L.N.
        153 of 2008)

(2A) Notwithstanding paragraph (2)(b), an appeal lies to the Court of Appeal
as of right from an order for imprisonment given or made by a master under
Order 49B. (L.N. 153 of 2008)

(3) (Repealed L.N. 153 of 2008)

(4) An application for leave to appeal must be made to a judge, or to a master
in the case of an appeal under paragraph (2), within-

   (a)  in the case of an appeal from a judgment, order or decision of a
        master under paragraph (2), 28 days from the date of the judgment,
        order or decision;

   (b)  in the case of an appeal from a judgment, order or decision

(other than an interlocutory judgment, order or decision) of a judge, 28 days
from the date of the judgment, order or decision;

   (c)  in the case of an appeal from an interlocutory judgment, order or
        decision of a judge, 14 days from the date of the interlocutory
        judgment, order or decision. (L.N. 153 of 2008)

(4A) If the judge or master (as the case may be) refuses an application for
leave made under paragraph (4), a further application for leave may be made to
the Court of Appeal within 14 days from the date of refusal. (L.N. 153 of
2008)

(4B) An application under paragraph (4) or (4A) must be made inter partes if
the proceedings to which the judgment, order or decision relates are inter
partes. (L.N. 153 of 2008)

(5) So far as is practicable, every application for leave to appeal made to a
judge or a master shall be made to the judge or the master against whose
judgment, order or decision the appeal is sought. (L.N. 153 of 2008)

(6) In any case in which the Court of Appeal may so allow, any such
application may be made direct to the Court of Appeal.

(7) (Repealed L.N. 153 of 2008)

(8) Where leave to appeal is granted under paragraph (4) or (4A), the notice
of appeal must be served under Order 59, rule 3(5) of the Rules of the
High Court (Cap 4 sub. leg. A), not later than 7 days after the date when
leave is granted. (L.N. 153 of 2008)

(9) In the case of an appeal from an order specified in section 63(3) of the
Ordinance or an order for imprisonment given or made under Order 49B, the
notice of appeal must be served under Order 59, rule 3(5) of the Rules of the
High Court (Cap 4 sub. leg. A), not later than 28 days from the date of the
order of the Court. (L.N. 153 of 2008)

(10) The Court or the Court of Appeal may, at any time, and notwithstanding
that the time for an appeal or an application for leave to appeal may have
already expired, extend the time for the appeal or for applying for leave to
appeal.

3. Appeal not to operate as stay of
proceedings (O. 58, r. 3)

Except so far as the Court may otherwise direct, an appeal under this Order
shall not operate as a stay of the proceedings in which the appeal is brought.

4. Non-interlocutory judgments and
orders (O. 58, r. 4)

(1) For the purposes of rule 2(4)(b) and (c), the following judgments and
orders are not interlocutory-

   (a)  a judgment or order determining in a summary way the substantive
        rights of a party to an action;

   (b)  an order made under section 53(3) of the Ordinance;

   (c)  an order prohibiting a debtor from leaving Hong Kong under Order 44A,
        rule 3(1);

   (d)  an order for the imprisonment of a judgment debtor under Order 49B;

   (e)  an order of committal for contempt of court under Order 52, rule 1;
        and

   (f)  a judgment given inter partes under Order 83A, rule 4, or Order 84A,
        rule 3 or in a mortgage action within the meaning of Order 88, rule 1.

(2) Without affecting the generality of paragraph (1)(a), the following are
judgments and orders determining in a summary way the substantive rights of a
party-

   (a)  a summary judgment under Order 14 or Order 86;

   (b)  an order striking out an action or other proceedings or a pleading or
        any part of a pleading under Order 18, rule 19 or under the inherent
        jurisdiction of the Court;

   (c)  a judgment or order determining any question of law or the
        construction of any document under Order 14A, rule 1(1);

   (d)  a judgment or order made under Order 14A, rule 1(2) dismissing any
        cause or matter upon determination of a question of law or
        construction of any document;

   (e)  a judgment on any question or issue tried pursuant to an order under
        Order 33, rule 3;

   (f)  an order dismissing or striking out an action or other proceedings for
        want of prosecution;

        (g)	a judgment obtained pursuant to an "unless" order;


   (h)  an order refusing to set aside a judgment in default;

   (i)  an order refusing to allow an amendment of a pleading to introduce a
        new claim or defence or any other new issue; and

   (j)  a judgment or order on admissions under Order 27, rule 3.

(3) A direction as to whether a judgment or order is one that is referred to
in paragraph (1)(a) may be sought from the judge who made or will make the
judgment or order.

(4) A reference to an order specified in paragraph (1)(b), (c), (d) and (e)
includes an order refusing, varying or discharging the order. (L.N. 153 of
2008)