Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 14A

DISPOSAL OF CASE ON POINT OF LAW

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1.
Determination of questions of law or construction (O. 14A, r. 1)

(1) The Court may upon the application of a party or of its own motion
determine any question of law or construction of any document arising in any
cause or matter at any stage of the proceedings where it appears to the Court
that-

   (a)  such question is suitable for determination without a full trial of
        the action; and

   (b)  such determination will finally determine (subject only to any
        possible appeal) the entire cause or matter or any claim or issue
        therein.

(2) Upon such determination the Court may dismiss the cause or matter or make
such order or judgment as it thinks just.

(3) The Court shall not determine any question under this Order unless the
parties have either-

   (a)  had an opportunity of being heard on the question; or

   (b)  consented to an order or judgment on such determination.

(4) The jurisdiction of the Court under this Order may be exercised by a
master.

(5) Nothing in this Order shall limit the powers of the Court under Order 18,
rule 19 or any other provision of these rules.

2. Manner in which application under rule 1 may be made (O. 14A, r. 2)

An application under rule 1 may be made by summons or motion or

(notwithstanding Order 32, rule 1) may be made orally in the course of any
interlocutory application to the Court. (L.N. 165 of 1992)