PRACTICE DIRECTION - 25.1

CHAMBERS HEARINGS IN CIVIL PROCEEDINGS
IN THE HIGH COURT,
THE DISTRICT COURT, THE FAMILY COURT
AND THE LANDS TRIBUNAL

1. This Practice Direction governs hearings in chambers in civil proceedings in the High Court, the District Court, the Family Court and the Lands Tribunal regulating when such hearings are to be open to the public and when such hearings are not open to the public, as the case may be. A hearing open to the public is one where the hearing is open to the press and the public to attend. A hearing not open to the public is a closed one where the press and the public are excluded from attending.

2. All chambers hearings (interlocutory or otherwise) shall be held in public except in the instances set out in paragraphs 3, 4(a) and 5.

3. Where statutory provision(s) specifically require proceedings to be not open to the public, such as those listed in Schedule 1, such proceedings shall not be open to the public in accordance with the provisions.

4. (a) The proceedings listed in Schedule 2 would usually not be open to the public. In relation to such proceedings, it is considered that having regard to their nature, one or more of the reasons for excluding the press and the public laid down in Article 10 of the Hong Kong Bill of Rights Ordinance, Cap. 383 ("Article 10") are usually satisfied. Accordingly, such proceedings would usually not be open to the public.

(b) However, if in a particular case, the court is of the view that none of the reasons in Article 10 is satisfied in the circumstances of the case concerned, the court may, whether upon a party's application (as to which see paragraph 7) or on its own motion, order that the hearing be open to the public.

5. At any stage of any proceedings other than those governed by paragraphs 3 and 4 above, where the court is of the view that one or more of the reasons in Article 10 are satisfied, it may, whether upon a party's application (as to which see paragraph 7) or on its own motion, order that a chambers hearing open to the public be closed to the public for the whole or part of the hearing.

6. Where the court has made an order referred to in paragraph 4(b) or paragraph 5, it may subsequently revoke or vary such an order.

7. Any party to an inter partes application who wishes to apply for an order referred to in paragraph 4(b) or paragraph 5 shall, as soon as practicable, and in any case not less than 2 clear days before the hearing apply in writing to the court with grounds in support thereof, giving notice to all other parties to the application. Any party who opposes the application shall state his grounds in opposition which shall reach the court and the party who has applied for the order no later than the day before the hearing. Such application will be dealt with by the court on paper unless the court directs that an oral hearing be held.

8. This Practice Direction is without prejudice to the court's powers to adjourn the hearing of any summons or other application from chambers into court and subsequently from court into chambers pursuant to Order 32 rule 18 of the Rules of the High Court and Rules of the District Court.

Summons or notice

9. The party filing a summons or notice for hearing in chambers should specify therein, in accordance with this Practice Direction, whether the hearing is to be open to the public or not open to the public.

Daily Cause List

10. Where any chambers hearing is not to be open to the public, such hearing will be listed as "In chambers (not open to the public)".

Order

11. An order made by the court at a hearing in chambers not open to the public should be so stated expressly therein.

Exceptions

12. For the avoidance of doubt, this Practice Direction does not apply to proceedings under Orders 115 to 119 of the Rules of the High Court.

Rights of Audience

13. The existing rights of audience of solicitors in chambers hearings shall continue to apply, whether the chambers hearings are open to the public or not open to the public.

14. The existing rights of persons entitled to appear before a master in chambers and a taxing master as provided for in Practice Directions PD14.1 and paragraph 3 of PD27 shall continue to apply, whether the chambers hearings are open to the public or not open to the public.

15. This Practice Direction will take effect on 18 July 2005.

Dated this 31 day of May 2005.

Andrew Li
Chief Justice