Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.14

Appeals in civil matters

(1)
Subject to subsection (3) and
section 14AA
, an appeal shall lie as
                of right to the Court of Appeal from every judgment or order of the Court of First
                Instance in any civil cause or matter.
(Amended
25 of 1998 s. 2
;
3 of 2008 s. 24
)
(2)
(Repealed
52 of 1987 s. 10
)
(3)
No appeal shall
lie—
(a)
from an order of the Court of First Instance allowing an extension of time
                    for appealing from a judgment or order;
(Amended
25 of 1998 s. 2
)
[cf. 1925 c. 49 s. 31
                    U.K.]
(b)
(Repealed
52 of 1987 s. 10
)
(c)
from a judgment or order of the Court of First Instance, where it is
                    provided by any Ordinance or by rules of court that the same is to be
                        final;
(Amended
25 of 1998 s. 2
)
(d)
from an order absolute for the dissolution or nullity of marriage in favour
                    of any party who, having had time and opportunity to appeal from the decree nisi
                    on which the order was founded, has not appealed from that decree;
(e)
without the leave of the court or tribunal in question or of the Court of
                    Appeal, from an order of the Court of First Instance or any other court or
                    tribunal made with the consent of the parties or relating only to costs which
                    are by law left to the discretion of the court or tribunal;
(Replaced
52 of 1987 s. 10
. Amended
25 of 1998 s. 2
)
[cf. 1981 c. 54 s. 18
                    U.K.]
(ea)
except as provided by the Arbitration Ordinance (
Cap.
                        609
), from any judgment or order of the Court of First
Instance—
(Amended
25 of 1998 s. 2
;
17 of 2010 s. 112
)
(i)
under
section 15(2)
of that Ordinance refusing to direct an
                        issue to be determined in accordance with an arbitration agreement;
(Replaced
17 of 2010 s. 112
)
(ii)
under
section 20(1)
or (2) of that Ordinance refusing to
                        refer the parties to arbitration;
(Replaced
17 of 2010 s. 112
)
(iii)
under
section 60(1)
of that Ordinance directing the sale of
                            property;
(Added
17 of 2010 s. 112
)
(iv)
under
section 81
of that Ordinance to set aside an arbitral
                            award;
(Added
17 of 2010 s. 112
)
(v)
under
section 84
,
87
or
92
of that
                        Ordinance to grant or refuse leave to enforce an arbitral award;
(Added
17 of 2010 s. 112
)
(vi)
under
section 3 of Schedule 2
to that Ordinance on a
                        question of law arising in the course of arbitral proceedings;
(Added
17 of 2010 s. 112
)
(vii)
under
section 4 of Schedule 2
to that Ordinance on a
                        challenge against an arbitral award on the ground of serious
                            irregularity;
(Added
17 of 2010 s. 112
)
(viii)
under
section 5 or 6 of Schedule 2
to that Ordinance on a
                        question of law arising out of an arbitral award;
(Added
17 of 2010 s. 112
)
(ix)
under
section 7(2)
and (3) of
Schedule 2
to that
                        Ordinance for an arbitral tribunal to state the reasons for its award and on
                        related costs;
(Added
17 of 2010 s. 112
)
(x)
under
section 7(4)
and (6) of
Schedule 2
to that
                        Ordinance on the giving of security for the costs of an application to
                        challenge an arbitral tribunal or an appeal on a question of law arising out
                        of an arbitral award, and for the money payable under the award pending the
                        determination of the application or appeal; or
(Added
17 of 2010 s. 112
)
(xi)
under
section 7(7) of Schedule 2
to that Ordinance to impose
                        conditions on granting leave to appeal on a question of law arising out of
                        an arbitral award;
(Added
17 of 2010 s. 112
)
(Added
52 of 1987 s. 10
)
(eb)
from a decision of the Court of First Instance in respect of which a
                    certificate is granted under
section 27C
of the Hong Kong Court of
                    Final Appeal Ordinance (
Cap. 484
) and leave to
                    appeal is granted under
section 27D
of that Ordinance in any
                        proceedings;
(Added
11 of 2002 s. 6
)
(f)
without the leave of the Court of First Instance or the Court of Appeal,
                        from a judgment or order of the Court of First Instance given or made in
                        summarily determining under rules of court any question at issue in
                        interpleader
proceedings:
(Amended
25 of 1998 s. 2
)
Provided that this
                        paragraph shall have no effect in relation to any interpleader issue which
                        is tried by a judge whether with or without a jury;
(Amended
21 of 2001 s. 48
)
(g)
from a determination, judgment, order or decision of the Court of First
                    Instance referred to in
section 22(1
)(
c)
,
(d)
,
(e)
,
(f)
or
(g)
of the Hong Kong Court of
                    Final Appeal Ordinance (
Cap. 484
).
(Added
21 of 2001 s. 48
. Amended
13 of 2021 s. 30
;
14 of 2021 s. 471
;
8 of 2022 s. 15
)
(4)
Rules of court made under
section 54
may provide for orders or
                judgments of any prescribed description to be treated for any prescribed purpose
                connected with appeals to the Court of Appeal as final or as interlocutory.
(Added
52 of 1987 s. 10
)
[cf. 1981 c. 54 s. 60 U.K.]
(5)
No appeal shall lie from a decision of the Court of Appeal as to whether a
                judgment or order is, for any purpose connected with an appeal to that court, final
                or interlocutory.
(Added
52 of 1987 s. 10
)