Hong Kong Regulations

HONG KONG COURT OF FINAL APPEAL RULES - SCHEDULE 1

FORMS

(Past version on 22/08/1997).
(Past version on 01/07/1997).

[rules 3, 4, 14, 17, 20, 46 & 48]

Form A

Notice of intended application for leave to appeal

(Rule 3)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

ON APPEAL FROM THE COURT OF APPEAL OF HONG KONG

BETWEEN

[Set out the same title as in the court below, but the parties should
additionally be described as Applicant and Respondent]

TAKE NOTICE that the Applicant intends to apply to the Court of Final Appeal
for leave to appeal from the judgment of the Court of Appeal in Civil Appeal
No. .................................... of
................................... on
.................................................

Dated ...........................................................

[Signature of the Applicant or his solicitor]

TO: The Respondent [Here give the name of the Respondent, and the name of his
solicitors (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal (L.N. 416 of 1997; L.N. 13
of 1999)

Form B

Application for leave to appeal

(Rule 4)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


BETWEEN

[Set out the same title as in the court below, but the parties should
additionally be described as Applicant and Respondent]

TAKE NOTICE THAT THE COURT OF FINAL APPEAL will be moved on a date to be
notified for an order that the Applicant do have leave to appeal to the Court
of Final Appeal from the judgment of the Court of First Instance/the Court of
Appeal in Civil/Criminal Appeal No. ................ of
....................... on ........................................... and
that the grounds of the application are as follows-

[Here set out in numbered paragraphs such facts and matters as may be
necessary to enable the Appeal Committee to consider whether leave should be
granted, but deal with the merits of the case only so far as is necessary to
explain the grounds upon which leave to appeal is sought.]

Dated the .....................................................

[Signature of the Applicant or his solicitor]

This application is made by Messrs. ............... of
................................................... solicitors for the
applicant

TO: The Respondent [Here give the name of the Respondent, and the name of his
solicitor (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal

Estimated length of hearing (L.N. 13 of 1999)

Form C

Notice of Appeal

(Rule 14)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


BETWEEN

[Set out title of cause or matter. This will be the same title as in the court
below but the parties should additionally be described as Appellant and
Respondent]

NOTICE OF APPEAL

NOTICE is hereby given that [here set out the full name of the Appellant]
intends to appeal against the judgment of the Court of First Instance/the
Court of Appeal in Civil/Criminal Appeal No. .................. of
..................... on ...................................

A copy of the judgment is annexed to this notice. [If the appeal is against
part of the judgment only, insert the words: This appeal relates to that part
of the judgment which has been underlined on the attached copy]

The Appellant asks the Court of Final Appeal to reverse, vary or alter the
said judgment [if partly appealed against, insert the words: so far as
aforesaid] (and that [if specific relief is asked for, it must be stated]) or
that the Appellant may have such other relief as the Court of Final Appeal
shall determine.

[Either] Leave to appeal to the Court of Final Appeal was granted by the
Court of Appeal by an order dated                     .


[Or] The Court of Final Appeal gave leave to appeal
on                              .


Dated ...........................................................

[Signature of the Appellant or his solicitor]

This notice of appeal was issued by Messrs. ...................... solicitors
for the Appellant whose address for service is
...........................................................................

OR

This notice of appeal was issued by the Appellant in person whose address for
service in Hong Kong is
...........................................................................
.......................

N.B. An Appellant in person must state an address for service in Hong Kong.

TO: The Respondent [Here state the name of the Respondent, and the name of his
solicitors (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal (L.N. 13 of 1999)

Form D

Application to withdraw an appeal or an application for leave to appeal

(Rules 11 and 17)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


TAKE NOTICE that the Applicant/Appellant hereby applies to the Court of Final
Appeal for leave to withdraw his (application for leave to) appeal herein.

[EITHER] There is an agreement between the parties as to the costs of this
appeal as follows-

[OR] There is no agreement between the parties as to costs and the
Applicant/Appellant will/will not oppose an order as to costs in favour of the
Respondent.

FURTHER TAKE NOTICE that, unless within 7 days of service of this notice upon
him the Respondent notifies the Registrar that he opposes the granting of
leave to the Applicant/Appellant to withdraw his (application for leave to)
appeal, or wishes to be heard on any matter arising from this application, an
order may be made herein by the Court without a hearing.

Dated............................................................

[Signature of the Applicant/Appellant or his solicitor]

TO: The Respondent [Here give the name of the Respondent, and the name of his
solicitors (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal (L.N. 13 of 1999)

Form E

Appearance

(Rule 20)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


PLEASE ENTER AN APPEARANCE on behalf of .............................

the Respondent in the above appeal.

I/the Respondent wish(es)/do(es) not wish to be served with subsequent
notices, applications and further documents relating to this appeal

The name and address of the solicitor for the Respondent:

[or address for service in Hong Kong where the Respondent is in person]

Dated............................................................

[Signature of the Respondent or his solicitor]

TO: The Appellant [Here state. the name of the Appellant and the name of his
solicitors (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal (L.N. 13 of 1999)

Form F

Summons (General Form)

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


LET ALL PARTIES attend before a permanent Judge of the Court of Final
Appeal/the Appeal Committee in Court/Chambers on
............................... at .................... a.m./p.m. on the
hearing of an application on the part of
...................................... for-

[Here set out the order sought]

Dated .................................................................

[Signature of the Appellant/Applicant/Respondent or his solicitor]

This summons was issued by ..................... of
.............................. solicitors for the
.............................

TO: The Appellant/Applicant/Respondent [Here state the name of the Appellant/
Applicant/Respondent and the name of his solicitors (if any) and address for
service (in the Court of Appeal)]

AND TO: The Registrar of the Court of Final Appeal

Estimated time ................................. (L.N. 13 of 1999)

Form G

Notice of Motion

IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL/CRIMINAL APPEAL NO.       OF


(ON APPEAL FROM
OF                    )


TAKE NOTICE that the Court of Final Appeal/Appeal Committee/a permanent Judge
of the Court will be moved on .......................... at ...........
a.m./p.m., or so soon thereafter as counsel can be heard, by counsel for the
Appellant/Respondent for an order that
........................................

Dated ...........................................................

[Signature of the Appellant/Respondent or his solicitor]

This notice of motion was issued by ............................... of
.................................................... solicitors for the
.................................

TO: The Appellant/Respondent [Here state the name of the Appellant/Respondent
and the name of his solicitors (if any) and address for service]

AND TO: The Registrar of the Court of Final Appeal

Estimated time ............................... (L.N. 13 of 1999)