Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 3

TIME

Caution: This is a past version. See the current version here.

1. "Month" (月) means calendar month (O. 3 r. 1)

Without prejudice to section 3 of the Interpretation and General Clauses 
Ordinance ( Cap 1) in its application to these rules, the word "month" (月),
where it occurs in any judgment, order, direction or other document forming
part of any proceedings in the Supreme Court, means a calendar month unless
the context otherwise requires.

2. Reckoning periods of time (O. 3 r. 2)

(1) Any period of time fixed by these rules or by any judgment, order or
direction for doing any act shall be reckoned in accordance with the following
provisions of this rule.

(2) Where the act is required to be done within a specified period after or
from a specified date, the period begins immediately after that date.

(3) Where the act is required to be done within or not less than a specified
period before a specified date, the period ends immediately before that date.

(4) Where the act is required to be done a specified number of clear days
before or after a specified date, at least that number of days must intervene
between the day on which the act is done and that date.

(5) Where, apart from this paragraph, the period in question, being a period
of 7 days or less, would include a Sunday or a general holiday, that day shall
be excluded. In this paragraph "general holiday" (公眾假期) means a day
which is, or is to be observed as, a general holiday under the Holidays
Ordinance ( Cap 149).

3. Summer Vacation excluded from time for service, etc., of pleadings (O. 3 r.
3)

Unless the Court otherwise directs, the period of the Summer Vacation shall be
excluded in reckoning any period prescribed by these rules or by any order or
direction for serving, filing or amending any pleading.

4. Time expires on Sunday, etc. (O. 3 r. 4)

Where the time prescribed by these rules, or by any judgment, order or
direction, for doing any act at an office of the Court expires on a Sunday or
other day on which that office is closed, and by reason thereof that act
cannot be done on that day, the act shall be in time if done on the next day
on which that office is open.

5. Extensions, etc., of time (O. 3 r. 5)

(1) The Court may, on such terms as it thinks just, by order extend or abridge
the period within which a person is required or authorized by these rules, or
by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period as is referred to in paragraph (1)
although the application for extension is not made until after the expiration
of that period.

(3) The period within which a person is required by these rules, or by any
order or direction, to serve, file or amend any pleading or other document may
be extended by consent (given in writing) without an order of the Court being
made for that purpose.

(4) In this rule references to the Court shall be construed as including
references to the Court of Appeal and a single judge of that Court.

6. Notice of intention to proceed after year's delay (O. 3 r. 6)

Where a year or more has elapsed since the last proceeding in a cause or
matter, the party who desires to proceed must give to every other party not
less than one month's notice of his intention to proceed. A summons on which
no order was made is not a proceeding for the purposes of this rule. (Enacted
1988) "Month" (月) "general holiday" (公眾假期)