Practice Directions

PRACTICE DIRECTION – 14.2

PROCEEDINGS BEFORE MASTERS

　

PART I – INTERLOCUTORY PROCEDURAL APPLICATIONS

1. All interlocutory procedural applications (e.g. to strike out a pleading) should be made by summons to a master. They should not be made by motion unless there is a sufficient degree of urgency or other good reason which justifies proceeding by way of motion.

PART II – MATTERS TO BE SET DOWN BY A MASTER

2. All matters to be listed for longer than 30 minutes; and where a special list does not already exist, are to be brought first on the Chambers List or to the Practice Master; for an estimate to be fixed for the length of hearing and for any other necessary directions. The Chief Judicial Clerk, High Court Registry will then list the matter only in accordance with the directions and estimate given by the master.

PART III – HEARINGS BEFORE A MASTER IN OPEN COURT

3. The following matters, heard by a master, shall be in open court:

(a) trials pursuant to O.14 r.6(2), R.H.C.;

(b) trials pursuant to O.17 r.11, R.H.C.;

(d) assessments of damages pursuant to O.37 r.1, R.H.C.; and

(e) examinations under O.48 and O.49B, R.H.C.

4. The matters referred to in para.3 are in addition to:

(a) unopposed bankruptcy petitions referred to in s.99(3) of the Bankruptcy Ordinance (Cap.6);

(b) unopposed winding-up petitions referred to in s.180A of the Companies Ordinance (Cap.32); and

5. A solicitor shall have right of audience before a master on any of the matters referred to in paras.3 and 4.

6. Counsel and solicitors appearing before a master in open court shall be appropriately robed.

7. This Practice Direction consolidates and supersedes the Practice Directions now appearing at pages 12A.1, 15.3 and 15.5.

8. This Practice Direction shall take effect on 1 February 1999.

Dated this 31st day of December 1998.

(Andrew Li)
Chief Justice