Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 58

APPEALS

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 determination of a master.

(2) The appeal shall be brought by serving on every other party to the
proceedings in which the judgment, order or determination 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 determination 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.

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 determination of a judge.

(2) Subject to the provisions of this rule, an appeal shall lie to the Court
of Appeal from any judgment, order or determination of a master on the hearing
or determination of any cause, matter, question or issue tried or assessed
before him under Order 14, rule 6(2), Order 36, rule 1, Order 37, Order 49B or
Order 84A, rule 3.

(3) Subject to the provisions of the Ordinance, an appeal under this rule
shall lie only with the leave of the Court or the Court of Appeal.

(4) An application for leave must be made to the judge, or to the master in
the case of an appeal under paragraph (2), not later than the expiration of
the following period beginning on the date immediately following the date on
which the judgment or order of the Court was sealed or otherwise perfected,
that is to say-

   (a)  in the case of an appeal from any judgment, order or determination of
        a master under paragraph (2), 14 days;

   (b)  in the case of an appeal from any interlocutory order, or any judgment
        or order given or made under Order 14 or Order 86 by a judge, 14 days;

   (c)  in any other case, 28 days, or if leave is refused, within a further
        14 days from the date of such refusal to the Court of Appeal.

(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 determination the appeal is sought.

(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) On any such application, the Court or the Court of Appeal, as the case may
be, may in its discretion grant leave to appeal on such terms as to costs,
payment of money into court, giving security for the prosecution of the appeal
or otherwise as it may think fit.

(8) Where leave to appeal is granted under paragraph (4), 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.

(9) In the case of an appeal from an order specified in section 63(3) of the
Ordinance, 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 14 days from
the date on which the order of the Court was sealed or otherwise perfected.

(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.