Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 60A

(HK) APPEALS FROM TRIBUNALS TO COURT OF APPEAL ON A QUESTION OF LAW OTHER THAN BY WAY OF CASE STATED

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

1. Application of Order (O. 60A, r. 1)

This Order applies to appeals that lie from any tribunal to the Court of 
Appeal on a question of law other than by way of case stated.

2. Notice of appeal from tribunal (O. 60A, r. 2)

(1) An appeal to which the Order applies must be brought by motion, notice of
which is referred to in this Order as "notice of appeal".

(2) A notice of appeal must specify the grounds of the appeal, together with
the question of law to be decided by the Court of Appeal.

3. Time for appealing (O. 60A, r. 3)

Subject to the provisions of any Ordinance, a notice of appeal must be served
on all parties to the proceedings before the tribunal, and on the tribunal,
within 21 days of the date on which the decision or order of the tribunal was
given.

4. Setting down appeal (O. 60A, r. 4)

(1) The appellant must, within 7 days after service of the notice  of appeal,
or within such further time as may be allowed by the Registrar, produce to the
Registrar-

   (a)  a copy of the decision or order of the tribunal;

   (b)  2 copies of the notice of appeal, one of which shall be endorsed with
        the amount of the fee paid, and the other endorsed with a certificate
        of the date of service of the notice.

(2) Upon the said documents being left, the Registrar shall file one copy of
the notice of appeal and cause the appeal to be set down in the list of
appeals; and the appeal shall come on to be heard according to its order in
that list unless the Court of Appeal or a single judge or the Registrar
otherwise orders.

5. Application of Order 59 (O. 60A, r. 5)

Order 59, rules 9 and 10 shall, so far as applicable, apply to an appeal to
which this Order applies.

6. Duty of Registrar to notify tribunal of result (O. 60A, r. 6)

The Registrar shall notify the tribunal of the decision of the Court of 
Appeal on the appeal and of any direction given by the Court therein. (Enacted
1988)