Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 55

APPEALS TO THE HIGH COURT FROM COURT, TRIBUNAL OR PERSON: GENERAL

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application
(O. 55, r. 1)

(1) Subject to paragraphs (2), (3) and (4), this Order shall apply to every
appeal which by or under any enactment lies to the Court of First Instance
from any court, tribunal or person. (25 of 1998 s. 2)

(2) This Order shall not apply to-

   (a)  an appeal by case stated, (HK)(b) an appeal under the
        Magistrates Ordinance ( Cap 227), or (HK)(c) any appeal to which Order
        73 applies. (L.N. 363 of 1990)

(4) The following rules of this Order shall, in relation to an appeal to which
this Order applies, have effect subject to any provision made in relation to
that appeal by any other provision of these rules or by or under any
enactment.

(5) In this Order references to a Tribunal shall be construed as references to
any Tribunal constituted by or under any enactment other than any of the
ordinary courts of law.

(HK)2. Court to hear appeal (O. 55, r. 2)

Except where it is otherwise provided by these rules or under any enactment,
an appeal to which this Order applies shall be heard and determined by a
single judge. (L.N. 363 of 1990)

3. Bringing of appeal (O. 55, r. 3)

(1) An appeal to which this Order applies shall be by way of rehearing and
must be brought by originating motion.

(2) Every notice of the motion by which such an appeal is brought must state
the grounds of the appeal and, if the appeal is against a judgment, order or
other decision of a court, must state whether the appeal is against the whole
or a part of that decision and, if against a part only, must specify the part.

(3) The bringing of such an appeal shall not operate as a stay of proceedings
on the judgment, determination or other decision against which the appeal is
brought unless the Court by which the appeal is to be heard or the court,
tribunal or person by which or by whom the decision was given so orders.

4. Service of notice of motion and entry of appeal (O. 55, r. 4)

(1) The persons to be served with notice of the motion by which an appeal to
which this Order applies is brought are the following-

   (a)  if the appeal is against a judgment, order or other decision of a
        court, the registrar or clerk of the court and any party to the
        proceedings in which the decision was given who is directly affected
        by the appeal;

   (b)  if the appeal is against an order, determination, award or other
        decision of a tribunal, government department or other person, the
        chairman of the tribunal, government department or person, as the case
        may be, and every party to the proceedings (other than the appellant)
        in which the decision appealed against was given.

(2) The notice must be served, and the appeal entered, within 28 days after
the date of the judgment, order, determination or other decision against which
the appeal is brought.

(3) In the case of an appeal against a judgment, order or decision of a court,
the period specified in paragraph (2) shall be calculated from the date of the
judgment or order or the date on which the decision was given.

(4) In the case of an appeal against an order, determination, award or other
decision of a tribunal, government department or other person, the period
specified in paragraph (2) shall be calculated from the date on which notice
of the decision was given to the appellant by the person who made the decision
or by a person authorized in that behalf to do so.

5. Date of hearing of appeal (O. 55, r. 5)

Unless the Court having jurisdiction to determine the appeal otherwise
directs, an appeal to which this Order applies shall not be heard sooner than
21 days after service of notice of the motion by which the appeal is brought.

6. Amendment of grounds of appeal, etc. (O. 55, r. 6)

(1) The notice of the motion by which an appeal to which this Order applies is
brought may be amended by the appellant, without leave, by supplementary
notice served not less than 7 days before the day appointed for the hearing of
the appeal, on each of the persons on whom the notice to be amended was
served.

(2) Within 2 days after service of a supplementary notice under paragraph (1)
the appellant must lodge two copies of the notice in the office in which the
appeal is entered.

(3) Except with the leave of the Court hearing any such appeal, no grounds
other than those stated in the notice of the motion by which the appeal is
brought or any supplementary notice under paragraph (1) may be relied upon by
the appellant at the hearing; but that Court may amend the grounds so stated
or make any other order, on such terms as it thinks just, to ensure the
determination on the merits of the real question in controversy between the
parties.

(4) The foregoing provisions of this rule are without prejudice to the powers
of the Court under Order 20.

6A. Interlocutory applications (O. 55, r. 6A)

(1) Unless the Court otherwise directs, any interlocutory  application in
proceedings to which this Order applies may be made to any judge or a master.
In this paragraph "interlocutory application" (非正審申請) includes an
application for the extension of time for the service of a notice of motion or
the entry of the appeal or for the amendment of the notice of motion.

(2) This rule is without prejudice to any statutory provision or rule of law
restricting the making of an order against the Crown. (L.N. 404 of 1991)

7. Powers of court hearing appeal (O. 55, r. 7)

(1) In addition to the power conferred by rule 6(3), the Court hearing an
appeal to which this Order applies shall have the powers conferred by the
following provisions of this rule.

(2) The Court shall have power to receive further evidence on questions of
fact, and the evidence may be given in such manner as the  Court may direct
either by oral examination in court, by affidavit, by deposition taken before
an examiner or in some other manner.

(3) The Court shall have power to draw any inferences of fact which might have
been drawn in the proceedings out of which the appeal arose.

(4) It shall be the duty of the appellant to apply to the judge or other
person presiding at the proceedings in which the decision appealed against was
given for a signed copy of any note made by him of the proceedings and to
furnish that copy for the use of the Court; and in default of production of
such a note, or, if such note is incomplete, in addition to such note,
the Court may hear and determine the appeal on any other evidence or statement
of what occurred in those proceedings as appears to the Court to be
sufficient. Except where the Court otherwise directs, an affidavit or note by
a person present at the proceedings shall not be used in evidence under this
paragraph unless it was previously submitted to the person presiding at the
proceedings for his comments.

(5) The Court may give any judgment or decision or make any order which ought
to have been given or made by the court, tribunal or person and make such
further or other order as the case may require or may remit the matter with
the opinion of the Court for rehearing and determination by it or him.

(6) The Court may, in special circumstances, order that such security shall be
given for the costs of the appeal as may be just.

(7) The Court shall not be bound to allow the appeal on the ground merely of
misdirection, or of the improper admission or rejection of evidence, unless in
the opinion of the Court substantial wrong or miscarriage has been thereby
occasioned.

8. Right of government department to appear and be heard (O. 55, r. 8)

Where an appeal to which this Order applies is against any order,
determination or other decision of a government department, the department
shall be entitled to appear and be heard in the proceedings on the appeal.
(Enacted 1988)