PRACTICE DIRECTION - 2.3
LEAVE TO APPEAL TO THE COURT OF FINAL APPEAL
IN CIVIL CASES
1. This Practice Direction concerns the practice to be adopted where either the Appeal Committee or the Court of Appeal grants leave to appeal to the Court of Final Appeal in civil cases. It aims to streamline procedures with a view to saving time and costs.
2. Whenever the Appeal Committee grants leave to appeal it shall be taken (unless expressly otherwise ordered) to be granting leave in respect of each respondent by an Order of the date when such leave was granted bearing the FAMV number concerned, upon the terms in the Standard Order set out in Schedule 1 without the necessity for further separate orders, save any orders made pursuant to paragraph 3 of the Standard Order.
2A. Whenever the Court of Appeal grants leave to appeal, final leave to appeal shall be conditional on the applicant for leave paying the fees prescribed by the Hong Kong Court of Final Appeal Fees Rules and complying with such conditions as the Court of Final Appeal may impose, and an Order in terms of the Standard Order set out in Schedule 1, bearing the date of the making of such Order and a FAMV number assigned by the Registrar, shall be deemed to have been made by the Appeal Committee in respect thereof.
3. A specimen of the Registrar's letter referred to in paragraph 4 of the Standard Order is set out in Schedule 2.
4. This Practice Direction supersedes the previous Practice Direction 2.3 on Leave to Appeal granted by the Court of Final Appeal in Civil Cases dated 27 June 2008.
5. This Practice Direction shall take effect on 2 February 2015.
Dated this 28 day of January 2015.
| (Geoffrey Ma) | |
| Chief Justice |
STANDARD ORDER GRANTING LEAVE TO APPEAL
IT IS ORDERED that:-
1. Leave to appeal to the Court of Final Appeal be granted to the applicant on condition that the applicant do within 14 days from the date of this Order pay into Court, in respect of each respondent, the sum of HK$400,000.00 (or such alternative sum or form of security provided in such manner as may be agreed by the parties within 7 days from the date of this Order in accordance with paragraph 2 of this Order) as security for the due prosecution of the appeal and payment of all such costs as may become payable to each respondent in the event of the appeal being dismissed for non-prosecution or of the Court ordering the applicant to pay such respondent's costs of the appeal.
2. In the event of the parties reaching agreement as to an alternative sum and / or form of security as referred to in paragraph 1 of this Order, such agreement shall be recorded in a joint letter filed with the Registrar, signed by the parties' solicitors, or by the party if unrepresented, setting out the conditions agreed and making reference to this Order by its date and FAMV number.
3. In the event that any one of the parties wishes to apply for a variation to the standard Order regarding the provision of security where no agreement is reached between the parties as to the proposed alternative, the party seeking the variation may apply by summons to a single Permanent Judge within 10 days from the date of this Order for the alternative Order sought, accompanying the summons with written submissions in support. The other party or parties shall be at liberty to file written submissions opposing such application within 7 days of service of the said summons and written submissions. Such application will be dealt with by a single Permanent Judge on the papers unless otherwise directed.
4. Upon due compliance with the condition regarding the provision of security as hereinbefore provided, the applicant should apply for final leave in accordance with Rule 13 of the Hong Kong Court of Final Appeal Rules and, upon the Registrar certifying such compliance by letter to the parties, final leave shall be deemed to be granted by the Court on the date of the said letter without further order.
5. In default of the applicant complying with the aforesaid condition as to the provision of security within 3 months from the date of this Order, leave to appeal granted in paragraph 1 above shall be rescinded and the Application for Leave to Appeal shall stand dismissed with costs to the respondent to be taxed if not agreed, without further order.
6. Any directions or orders arising out of this Order which the parties may wish to seek from the Court (including but not limited to any applications for payment out of the money in Court) should be sought from the Registrar who may, if he thinks it appropriate and desirable, refer the same to a single Permanent Judge.
7. Costs of this application be in the appeal.
SPECIMEN LETTER ON GRANT OF FINAL LEAVE
Dear Sirs,
Court of Final Appeal of the
Hong Kong Special Administrative Region
Appeal No. FAMV XX of 20XX
I refer to the Affidavit / Affirmation of [ABC] filed on [ ] seeking final leave in accordance with Rule 13 of the Hong Kong Court of Final Appeal Rules ("the Rules").
I write to inform you that upon reading the said Affirmation / Affidavit, I am satisfied and hereby certify that all conditions imposed by the Order of the Appeal Committee dated [ ] [(as varied by the joint letter of the parties dated )] [by the Order of Mr Justice PJ dated ] have been duly complied with. Pursuant to paragraph [ ] of the Order of the Appeal Committee dated [ ], final leave is deemed granted as of today. The appeal is now to proceed in accordance with the timetable set out in the Rules.
| Yours faithfully, etc. |