High Court Ordinance

(1)
The Rules Committee constituted under
section 55
may make rules of court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the High Court in all causes and matters whatsoever in or with respect to which the High Court has jurisdiction (including the procedure and practice to be followed in the Registries of the High Court) and any matters incidental to or relating to that procedure or practice.
(Amended
25 of 1998 s. 2
)
(2)
Without prejudice to the generality of subsection (1), rules of court may be made for the following
purposes—
(a)
prescribing the procedure in connection with the transfer of proceedings between the Court of First Instance and the District Court, between the Court of First Instance and the Lands Tribunal, and between the Court of First Instance and the Competition Tribunal;
(Amended
25 of 1998 s. 2
;
3 of 2008 s. 44
;
15 of 2014 s. 12
)
(b)
prescribing the jurisdiction of the High Court which may be exercised by the Registrar or a Master (including provision for appeal against decisions in the exercise of such jurisdiction);
(Amended
52 of 1987 s. 40
;
25 of 1998 s. 2
)
(c)
regulating matters relating to the fees and costs of proceedings (including proceedings in connection with the administration of estates and trusts) in the Court of Appeal in its civil jurisdiction and in the Court of First Instance;
(Replaced
52 of 1987 s. 40
. Amended
25 of 1998 s. 2
)
(d)
(Repealed
52 of 1987 s. 40
)
(e)
prescribing in what cases persons absent, but having an interest in a cause or matter, shall be bound by any order made therein;
(f)
prescribing in what cases and in what manner there may be submissions and references to special referees, how parties shall be bound thereby, and to what extent and with what consequences, and for the appointment, powers and duties of special referees and for proceedings before such special referees;
(g)
regulating the appointment and duties of commissioners for oaths, the revocation of such appointments, and matters incidental thereto;
(h)
regulating the execution of the process of the High Court,
including—
(Amended
25 of 1998 s. 2
)
(i)
the prohibition of judgment debtors and persons against whom civil claims are made from leaving Hong Kong and ordering the payment of compensation to them in prescribed circumstances;
(ii)
ordering the appearance of judgment debtors or officers of corporate judgment debtors for examination and their examination; and
(iii)
the arrest and imprisonment of judgment debtors;
(Amended
1 of 1984 s. 3
)
(i)
regulating matters which could heretofore be or which have heretofore been provided for or regulated by rules of court;
(j)
prescribing the procedure for the payment of money into the Court of First Instance by any party to arbitral proceedings;
(Added
43 of 1982 s. 2
. Amended
25 of 1998 s. 2
;
17 of 2010 s. 112
)
(k)
providing that, in any case where a document filed in, or in the custody of, any Registry is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the High
Court—
(Amended
25 of 1998 s. 2
)
(i)
it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but
(ii)
the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the Registry,
and any such certificate shall be prima facie evidence of the facts stated in it; and
(Added
52 of 1987 s. 40
)
[cf. 1981 c. 54 s. 136 U.K.]
(l)
prescribing the procedure in cases where an order of mandamus, prohibition or certiorari is sought, or proceedings are taken for an injunction under
section 21J
including a requirement
that—
(i)
except in such cases as may be specified in the rules, leave shall be obtained before an application is made for any such order or before any such proceedings are commenced; and
(ii)
where leave is so obtained, no other relief shall be granted and no ground relied upon, except with the leave of the Court, other than the relief and grounds specified when the application for leave was made.
(Added
52 of 1987 s. 40
)
(2A)
Rules providing for the matters referred to in subsection
(2
)(
k)
may
contain—
(a)
provisions for securing the safe custody and return to the Registry of any document sent to a court or tribunal in pursuance of the rules; and
(b)
such incidental and supplementary provisions as appear to the Rules Committee to be necessary or expedient.
(Added
52 of 1987 s. 40
)
[cf. 1981 c. 54 s. 136 U.K.]
(3)
(Repealed
3 of 1989 s. 3
)
(4)
The power to make rules of court under this section shall include power to make rules as to proceedings by or against the Crown.
(5)
Rules of court made under this section shall apply to all proceedings by or against the Crown insofar as they expressly purport so to do.