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Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.4

Constitution of Court of First Instance

the Chief Judge of the High Court;
(Amended
79 of 1995 s. 50
)

Table of Contents

Sections

1Short title
2Interpretation
3High Court
4Constitution of Court of First Instance
5Constitution of Court of Appeal
6Appointment of judges
6AAppointment of recorders
6BAppointment of judges and recorders may be retrospective
7Precedence
8Acting appointments
9Professional qualifications of judges
10Appointment of deputy judges
11Powers of recorders and deputy judges in cases which are part-heard on termination of appointment
11ATerm of office of judges
11BTransitional provisions relating to retirement age (extension) arrangement
12Jurisdiction of Court of First Instance
12AAdmiralty jurisdiction of Court of First Instance
12BMode of exercise of Admiralty jurisdiction
12CRestrictions on entertainment of actions in personam in collision and other similar cases
12DCourt of First Instance not to have jurisdiction in cases within Rhine Navigation Convention
12ESupplementary provisions as to Admiralty jurisdiction
12FTransfer of proceedings to the Lands Tribunal
13Jurisdiction of Court of Appeal
14Appeals in civil matters
14AAppeal from order on application for judicial review in criminal cause or matter
15Application for new trial
16Law and equity to be administered in High Court
17Power to award damages as well as, or in substitution for, injunction or specific performance
18
19
20Power of Court of First Instance to impose charging order
20AProperty which may be charged
20BProvisions supplementary tosections 20 and 20A
21Attachment of debts
21ANo arrest or imprisonment without order
21BProhibition on debtor leaving Hong Kong
21CEffect of writs of execution against goods
21DSale of property in execution of judgment
21EEnforcement of fines and forfeited recognizances
21FRelief against forfeiture by action for non-payment of rent
21GService of writ in lieu of demand
21HInterpretation and application ofsections 21F, 21Gand21H
21IOrders of mandamus, prohibition and certiorari
21JInjunction to restrain persons acting in offices in which they are not entitled to act
21KApplication for judicial review
21LInjunction and receiver
21MInterim relief in the absence of substantive proceedings
21NSupplementary provisions as to interim relief in the absence of substantive proceedings
22
22AApplications for, and issue of, writs of habeas corpus
23Restriction on repeated applications for habeas corpus
24Appeal in habeas corpus proceedings
25Power of Court of First Instance to vary sentence on certiorari
25AExecution of instruments by order of Court of First Instance
26Wards of court
27Restriction of vexatious legal proceedings
27ALeave to institute or continue proceedings
28Sittings of High Court and distribution of business
29Vacations
30Business in vacations
31Computation of vacation period and validity of acts therein
32Proceedings in Court of First Instance to be disposed of by single judge
32AProceedings in court and in chambers
33Powers of judge in chambers
33ATrial by jury in the Court of First Instance
34Sittings of Court of Appeal
34APowers of single Justice of Appeal in Court of Appeal in its criminal jurisdiction
34BComposition of Court of Appeal in its civil jurisdiction
35Powers of single judge in Court of Appeal
36Acts required to be done by Chief Justice may also be done by any judge
37Registrar of High Court
37AAppointment of temporary deputy registrars
37BAppointment of temporary assistant registrars
38Jurisdiction, powers and duties of Registrar
38ABailiff
39Protection of Registrar
40Registrar may apply for order
40APowers of temporary registrars, etc. in case which is part-heard on termination of appointment
41Power of Court of First Instance to order disclosure, etc. of documents before commencement of proceedings
42Extension of powers of Court of First Instance to order disclosure of documents, inspection of property, etc.
43Provisions supplementary tosections 41 and 42
44Powers of Court of First Instance exercisable before commencement of action
44AWithdrawal of privilege against incrimination of self or spouse in certain proceedings
45Application to Government ofsections 41 to 44
46Writs
47
48Interest on claims for debt and damages
49Interest on judgments
50Appeal in cases of contempt of court
51Seal of High Court
52Expenses
52ACosts in Court of First Instance and Court of Appeal in its civil jurisdiction
52BCosts-only proceedings
52CTransfer of costs-only proceedings to District Court
52DScale of costs on which costs awarded undersection 52Aor52Bare taxed
53Assessors
54Rules of court
55Rules Committee
55ARules concerning commencement of proceedings in respect of estates of deceased persons
55BRules as to proof of facts and admission of statements in civil proceedings
55CRules as to stop orders and notices
55DRules as to costs and interest
56Orders for interim payment
56AOrders for provisional damages for personal injuries
57Suitors’ Funds Rules
58
59Amendment of references in laws to Full Court and High Court
60
61
62

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