Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 32A

VEXATIOUS LITIGANTS

1. Application under section 27(1)
of the Ordinance (O. 32A, r. 1)

(1) An application under section 27(1) of the Ordinance for an order specified
in that section must be made by originating summons supported by affidavit and
served on the person against whom the order is sought.

(2) The application must be heard in open court by a single judge.

2. Application for leave for institution
or continuance of proceedings, etc.
(O. 32A, r. 2)

(1) Where an order made under section 27(1) of the Ordinance is in force
against a person, an application for leave to institute or continue any legal
proceedings by that person must be made by a notice in Form No. 27A in
Appendix A containing a statement of-

   (a)  the title and reference number of the proceedings in which that order
        was made;

   (b)  the name and address of the applicant;

   (c)  the order the applicant is seeking; and

   (d)  briefly, why the applicant is seeking the order.

(2) The notice of application for leave must be filed together with any
affidavit evidence on which the applicant relies in support of the
application.

(3) Any previous applications for leave which the applicant has made under
section 27 of the Ordinance, and the results of those applications, must be
listed in the notice of application.

3. Hearing and determination of application
for leave (O. 32A, r. 3)

(1) An application for leave made under rule 2 may be determined by a single
judge without the attendance of the applicant unless the judge gives
directions for the hearing of the application.

(2) Where the judge gives directions for the hearing of the application, the
hearing may be held in chambers.

(3) Directions for the hearing of the application given under paragraph (2)
may include an order that the notice of application be served by the applicant
on the Secretary for Justice and on any person against whom the applicant
wishes to institute or continue the proceedings for which leave is being
sought.

(4) The judge may give directions for further affidavit evidence to be
supplied by the applicant before an order is made on the application.

(5) Without limiting the power of the judge to refuse the application, if the
leave sought, or the grounds advanced, substantially repeat those submitted in
support of a previous application which has been refused, the judge may make
an order refusing the application.

(6) Where the applicant institutes the new proceedings or continues the
proceedings for which leave has been granted, the applicant shall-

   (a)  file the order granting the leave, together with the instrument by
        which the proceedings are instituted or continued; and

   (b)  serve the order granting the leave on every other person who is a
        party to the proceedings, together with the instrument by which the
        proceedings are instituted or continued.

4. Service of order (O. 32A, r. 4)

(1) An order granting or refusing the leave sought or an order made pursuant
to rule 3(3) must be sent to the applicant at the address given in the notice
of application.

(2) The applicant shall forthwith after being sent an order granting the leave
sought serve a copy of the order on the Secretary for Justice if he has been
served with the notice of application pursuant to rule 3(3).

5. Setting aside grant of leave
(O. 32A, r. 5)

(1) A person may apply to set aside a grant of leave if-

   (a)  the leave allows the applicant to institute or continue proceedings
        against that person; and

   (b)  the leave was granted other than at a hearing of which that person was
        given notice pursuant to a direction given under rule 3.

(2) An application under paragraph (1) must be made by an inter partes summons
within 14 days after the order granting the leave was served on the person
under rule 3(6)(b).

6. Leave required for inspection of
documents relating to application
for leave under section 27A of
the Ordinance (O. 32A, r. 6)

(1) A person may not without the leave of the Court inspect any document filed
in the Registry relating to the application for leave under section 27A of the
Ordinance.

(2) Leave may not be granted under paragraph (1) unless the Court is satisfied
that there is reasonable ground for the inspection.

(3) Leave granted under paragraph (1) may be granted on such terms and
conditions as the Court thinks just.

7. Transitional (O. 32A, r. 7)

Where, immediately before the commencement* of this Order, an application for
an order or for leave under section 27 of the Ordinance as in force
immediately before the commencement is pending, then the application is to be
determined as if this Order had not been made. (L.N. 152 of 2008)
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______________ Note:

* Commencement day: 2 April 2009.