Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 32

APPLICATIONS AND PROCEEDINGS IN CHAMBERS

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

I. GENERAL

1. Mode of making application (O. 32, r. 1)

Except as provided by Order 25, rule 7, every application in chambers not made
ex parte must be made by summons, and where, under the provisions of these
rules, such summons must be supported by affidavit, such affidavit shall be
filed at the same time as the summons. (L.N. 127 of 1995)

2. Issue of summons (O. 32, r. 2)

(1) Issue of a summons by which an application in chambers is to be made takes
place on its being sealed with the Seal of the Court.

(2) A summons may not be amended after issue without the leave of the Court.

3. Services of summons (O. 32, r. 3)

A summons asking only for the extension or abridgement of any period of time
may be served on the day before the day specified in the summons for the
hearing thereof but, except as aforesaid and unless the Court otherwise orders
or any of these rules otherwise provides, a summons must be served on
every other party not less than 2 clear days before the day so specified.

4. Adjournment of hearing (O. 32, r. 4)

(1) The hearing of a summons may be adjourned from time to time, either
generally or to a particular date, as may be appropriate.

(2) If the hearing is adjourned generally, the party by whom the summons was
taken out may restore it to the list on 2 clear days' notice to all the other
parties on whom the summons was served.

5. Proceeding in absence of party failing to attend (O. 32, r. 5)

(1) Where any party to a summons fails to attend on the first or any resumed
hearing thereof, the Court may proceed in his absence if, having regard to the
nature of the application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party the Court may require to be
satisfied that the summons or, as the case may be, notice of the time
appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons proceeded in the absence of a party,
then, provided that any order made on the hearing has not been perfected,
the Court, if satisfied that it is just to do so, may re-hear the summons.

(4) Where an application made by summons has been dismissed without a hearing
by reason of the failure of the party who took out the summons to attend the
hearing, the Court, if satisfied that it is just to do so, may allow the
summons to be restored to the list.

6. Order made ex parte may be set aside (O. 32, r. 6)

The Court may set aside an order made ex parte.

7. Subpoena for attendance of witness (O. 32, r. 7)

(1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to
compel the attendance of a witness for the purpose of proceedings in chambers
may be issued out of the Registry, if the party who desires the attendance of
the witness produces a note from a judge or from the Registrar or a master, as
the case may be, authorizing the issue of the writ.

(2) The Registrar or any master may give such a note or may direct the
application for it be made to the judge before whom the proceedings are to be
heard.

8. Registrar, etc., may administer oaths, etc. (O. 32, r. 8)

(1) The Registrar or any master shall have authority to administer oaths and
take affidavits for the purpose of proceedings in the Court.

9. Applications under the Mental Health Ordinance (O. 32, r. 9)

(1) The jurisdiction of the Court to grant leave under section 69 of the
Mental Health Ordinance ( Cap 136) to bring proceedings against a person may
be exercised in chambers by a judge.

(2) An originating summons by which an application for leave under the said
section 69 is made shall be in Form No. 10 in Appendix A.

(3) The application must be supported by an affidavit setting out the grounds
on which such leave is sought and any facts necessary to substantiate those
grounds.

9A. Application for a direction under the Limitation Ordinance (O. 32, r. 9A)

The jurisdiction to direct, under section 30 of the Limitation Ordinance (
Cap 347), that section 27 or 28 of that Ordinance should not apply to an
action or to any specified cause of action to which the action relates shall
be exercisable by the Court.

10. Application to make order of Privy Council order of High Court (O. 32, r.
10)

(HK) An application to make an order of the Privy Council an order of the High
Court may be made ex parte by affidavit to a master.

II. POWERS OF THE REGISTRAR, JUDGES AND THE COURT

11. Jurisdiction of the Registrar and masters (O. 32, r. 11)

(1) The Registrar and any master shall have power to transact all such
business and exercise all such authority and jurisdiction as under any
Ordinance or by these rules may be transacted and exercised by a judge in
chambers except in respect of the following matters and proceedings, that is
to say-

   (a)  matters relating to criminal proceedings, other than an application
        under Order 70 relating to criminal proceedings; (L.N. 403 of 1992)

   (b)  matters relating to the liberty of the subject other than orders for
        arrest and imprisonment to enforce, secure or pursue civil claims for
        the payment of money and orders prohibiting persons from leaving Hong
        Kong;

   (d)  subject to paragraph (2), proceedings for the grant of an injunction
        or other order under Part I of Order 29;

   (f)  any other matter or proceeding which by any of these rules is required
        to be heard only by a judge.

(2) The Registrar and any master shall have power to grant an injunction, or
to make an order for the detention, custody or preservation of any property,
in the terms agreed by the parties to the proceedings in which the injunction
or order is sought.

12. Reference of matter to judge (O. 32, r. 12)

The Registrar and any master may refer to a judge any matter which he thinks
should properly be decided by a judge, and the judge may either dispose of the
matter or refer it back to the Registrar or to any master, with such
directions as he thinks fit.

13. Power to direct hearing in court (O. 32, r. 13)

(1) The judge in chambers may direct that any summons, application or appeal
shall be heard in court or shall be adjourned into court to be so heard if he
considers that by reason of its importance or for any other reason it should
be so heard.

(2) Any matter heard in court by virtue of a direction under paragraph (1) may
be adjourned from court into chambers.

16. Obtaining assistance of experts (O. 32, r. 16)

If the Court thinks it expedient in order to enable it better to determine any
matter arising in proceedings in chambers, it may obtain the assistance of any
person specially qualified to advise on that matter and may act upon his
opinion.

17. Notice of filing, etc. of affidavit (O. 32, r. 17)

Any party-

   (a)  filing an affidavit intended to be used by him in any proceedings in
        chambers, or

   (b)  intending to use in any such proceedings any affidavit filed by him in
        previous proceedings, must give notice to every other party of the
        filing or, as the case may be, of his intention to do so.

18. Adjournment into or from court (O. 32, r. 18)

The hearing of any summons or other application in chambers may be adjourned
from chambers into court and subsequently from court into chambers.

19. Disposal of matters in chambers (O. 32, r. 19)

The judge may by any judgment or order made in court in any proceedings direct
that such matters (if any) in the proceedings as he may specify shall be
disposed of in chambers.

21. Papers for use of Court, etc. (O. 32, r. 21)

The original of any document which is to be used in evidence in proceedings in
chambers must, if it is available, be brought in, and copies of any such
document or of any part thereof shall not be made unless the Court directs
that copies of that document or part be supplied for the use of the Court or
be given to the other parties to the proceedings.

22. Notes of proceedings in chambers (O. 32, r. 22)

(HK) A note shall be kept of all proceedings in the judge's, registrar's or
master's chamber with the dates thereof so that all such proceedings in any
cause or matter are noted in chronological order with a short statement of the
matters decided at each hearing. (Enacted 1988)