Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 61

APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY WAY OF CASE STATED

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 2. Statement of
case by tribunals (O. 61, r. 2)

(1) Where any tribunal is empowered or may be required to state a case on a
question of law for determination by the Court of Appeal, any party to the
proceedings who is aggrieved by the tribunal's refusal to state a case may
apply to the Court of Appeal or a single judge of that Court for an order
requiring the tribunal to state a case.

(2) An application under this rule must be made by motion and the notice of
the motion, stating in general terms the grounds of the application, together
with the question of law on which it is desired that a case shall be stated
and any reasons given by the tribunal for its refusal, must within 21 days
after the refusal, be served on the clerk or registrar of the tribunal and on
every other party to the proceedings before the tribunal.

(3) Within 2 days after service of the notice of motion, the applicant must
lodge two copies of the notice with the Registrar who shall enter the motion
in the list of appeals.

(4) Where a tribunal is ordered under this rule to state a case, the tribunal
must, within such period as may be specified in the order, state a case
stating the facts on which the decision of the tribunal was based and the
decision, sign it and cause it to be sent by post to the applicant.

(4A) Where the decision of the tribunal in respect of which a case is stated
states all the relevant facts found by the tribunal and indicates the
questions of law to be decided by the Court of Appeal, a copy of the decision
signed by the person who presided at the hearing shall be annexed to the case,
and the facts so found and the question of law to be decided shall be
sufficiently stated in the case by referring to the statement thereof in the
decision.

3. Proceedings on case stated (O. 61, r. 3)

(1) The party at whose instance a case has been stated by any tribunal to
which this Order applies must, within 21 days after receiving the case-

   (a)  serve on every other party to the proceedings before the tribunal a
        copy of the case, together with a notice setting out his contentions
        on the question of law, and

   (b)  serve a copy of the notice on the clerk or registrar of the tribunal.

(2) Within 2 days after service of the notice, the said party must lodge the
case and two copies of the notice with the Registrar who shall enter the case
in the list of appeals, and the case shall not be heard until after the
expiration of 21 days from the date of entry.

(3) Where any enactment under which the case is stated provides that a
government department shall have a right to be heard in the proceedings on the
case, a copy of the case and of the notice served under paragraph (1) must be
served on that department and on the Secretary for Justice. (L.N. 362 of 1997)

(4) On the hearing of the case, the Court of Appeal may amend the case or
order it to be sent back to the tribunal for amendment.

(5) Order 59, rule 10, shall, so far as applicable, apply in relation to a
case stated by a tribunal to which this Order applies.

(6) The Registrar shall notify the clerk or registrar of the tribunal of the
decision of the Court of Appeal on the case and of any directions given by
that Court thereon. (Enacted 1988)