EPD4 The Use Of Electronic Technology In Civil Proceedings Of The High Court

E-PRACTICE DIRECTION 4

THE USE OF ELECTRONIC TECHNOLOGY IN
CIVIL PROCEEDINGS OF THE HIGH COURT

Introduction

1.  This e-practice direction regulates and prescribes the detailed practice and procedure to be followed in the use of electronic technology under the Court Proceedings (Electronic Technology) Ordinance (Cap. 638) for the civil proceedings of the High Court.

2.  This e-practice direction consists of the following parts:

(a)  scope of application;

(b)  sending of documents by registered users to the Court;

(c)  issuance of documents by the Court to registered users;

(d)  sending of documents by the Court to registered users;

(e)  electronic service of documents; and

(f)  miscellaneous matters.

3.  In this e-practice direction:

“administrative instructions” means instructions issued under section 33(1) of the Ordinance;

“Court” means the Court of Appeal and the Court of First Instance;

“document” means anything in which information of any description is recorded, and includes any attachment that forms part of or accompanies that document;

“electronic form” means in the form of an electronic record;

“electronic record” means a record (a) generated in a digital form by an information system; (b) can be transmitted (i) within an information system, or (ii) from one information system to another; and (c) can be stored in an information system or other medium;

“e-system”means the information system designated under section 7 of the Ordinance and is accessible at https://www.judwebportal.judiciary.hk;

“Ordinance” means the Court Proceedings (Electronic Technology) Ordinance (Cap. 638);

“Organization User account holder”,in relation to a registered user, means an individual who, under any administrative instructions, may send a document to the Court by means of an e-system using the same account as the registered user;

“party” means a plaintiff, applicant, defendant, respondent or any person joined as a third party to any proceedings, and includes an intended or interested party to a set of proceedings or an application;

“RHC”means the Rules of the High Court (Cap. 4 sub. leg. A);

“registered user” means a person who is registered as a user of an e-system under any administrative instructions issued under section 33(1) of the Ordinance;

“Rules” means the Court Proceedings (Electronic Technology) (High Court Civil Proceedings) Rules (Cap. 638J);

“written law” has the meaning given by section 9 of the Ordinance.

A.  Scope of application

4.  This e-practice direction applies to a proceeding to which the RHC apply and for which the use of electronic technology has been implemented under a notice published under section 32(2) of the Ordinance^[1].

5.  Unless otherwise ordered by the Court, this e-practice direction ceases to apply when the Court makes an order under Order 4, rule 9(1) of the RHC for the proceedings to be consolidated or tried at the same time with or immediately before or after another set of proceedings to which this e-practice direction does not apply.

B.  Sending of documents by registered users to the Court

6.  This Part should be read together with sections 12, 14 and 18 of the Ordinance and rules 7 to 13, 28 to 30 of the Rules which govern documents sent to the Court by means of the e-system. 

7.  A party who sends a document to the Court by electronic transmission must ensure that the documentmeets the technical requirements^[2]set out in the administrative instructions.  

B1.  Exceptions to submission of documents by electronic transmission via the e-system

8.  Except as provided in this Part, documents sent to the Court may be sent by electronic transmission via the e-system.

9.  The following documents relating to suitors’ funds should not be sent to the Court by electronic transmission via the e-system as e-payment is not allowed for the associated submission process:

(a)  Form No. 23 – Notice of Sanctioned Payment under Order 22 of the RHC;

(b)  Form No. 25A – Notice of Payment Into Court under Order or Certificate under Order 22 of the RHC; and

(c)  Form No. 93 – Notice of Sanctioned Payment in settlement of costs and/or interests under Order 62A of the RHC.

10.  Electronic filing of documents (including the commencement of a proceeding by electronic means) is not allowed at any stage of a proceeding or an application which is confidential in nature.  At any stage of a proceeding or an application, once the Court identifies or classifies the matter as confidential, the filing or sending of documents to the Court by electronic transmission shall be disallowed immediately.

11.  A document required to be produced to the Court in paper form may not be sent to the Court by electronic transmission unless it is a document specified in the Schedule to the Rules or otherwise permitted by an order of the Court.

12.  Where electronic submission is not feasible or suitable, such as when the size of a document is too large orthe document cannot practicably be converted into an electronic form, parties may send the document to the Court in the conventional mode.

B2.  Exceptions to documents required to be sent in original or verified, certified or authenticated form

13.  Except for those documents mentioned in rule 12(5) of the Rules, documents required or permitted by a provision of written law or a direction of the Court to be sent to the Court in original or verified, certified or authenticated form should be sent to the Court in the conventional mode.

14.  For those documents mentioned in rule 12(5) of the Rules, an electronic copy may be sent in place of the original or certified copy which is in paper form.

B3.  Electronic transmission of affidavits, statutory declarations, depositions and notarial instruments

15.  Affidavits (except affidavits proving due service of documents), statutory declarations, depositions under Order 39 of the RHC and notarial instruments within the meaning of section 35A(2) of the Evidence Ordinance (Cap. 8) sent to the Court by electronic transmission via the e-system must, in addition to satisfying the technical requirements, meet the conditions specified in rule 32 of the Rules.  Electronic transmission via the e-system will be rejected for any non-compliance with the rule, including failure to append to the affidavit a clear and legible copy of the required electronic signature(s) of, for example, the deponent, the oath administrator, and the interpreter (if applicable).

B4.  Re-submission of documents

16.  The sender of a document rejected for transmission via the e-system for whatever reason is required to take appropriate remedial steps to re-send the document to the Court, including making a re-transmissionvia the e-system.  In the event a document is accepted for submission in a subsequent transaction, the submission time as confirmed by the system will be that of the subsequent transaction and not that of the previous failed transaction(s).  Court users should take into account the processing time that may be involved when making an electronic transmission via the e-system and should avoid making last minute submission of documents.

B5.  Unsuccessful submission due to system problem with the e-system

17.  A party who has not been successful in submitting a document to the Court via the e-system within the permitted period due to a system problem with the e-system may consider applying for an extension of time or relief under Order 3, rule 5 of the RHC.

18.  Such an application should be supported by an affidavit stating the date and time of the unsuccessful submission,  the number of unsuccessful attempts, the error message shown on the screen (if any), exhibiting (where applicable) a screenshot showing the error message, as well as all other material facts relevant to the application. The affidavit should also set out the order, direction or provision which prescribes the deadline for submission and the document(s) involved.

19.  It is the responsibility of a party to ensure that an electronic transmission via the e-system is received by the Court within the applicable time limit, taking into account factors such as the e-system may be busy at certain time of the day, pre-announced maintenance of electronic communications and information systems and possible technical failures. Court users should avoid making last minute submission of documents.

B6.  Others

20.  A party who has successfully sent a document to the Court via the e-system must not send a hard copy of the document to the Court unless otherwise directed by the Court or required by law or a practice direction.  In the case of duplicate submission, the hard copy will be disregarded and only the document sent electronically will be accepted and processed.

21.  An action or a proceeding may only be commenced via the e-system by completing and submitting the relevant e-fillable form(s). Only the form of signature mentioned in rule 30(2) of the Rules would be supported in the e-fillable forms for authenticating the generated originating process. 

22.  If a fee is required to be paid for the filing or sending of a document,

(a)  the party making the filing or submission must first make payment of the required fee; and

(b)  the document is taken to have been successfully submitted to the Court via the e-system at the time when an initial receipt is given by the e-system after the payment transaction is completed.

23.  Notwithstanding that a system confirmation has been given, a document that does not comply with any applicable rule or practice direction and/or court direction, or contains material error(s) may be rejected for electronic transmission to the Court.

24.  An originating process or application may be rejected for electronic transmission via the e-system if it appears to be madeby a person who is subject to a restricted application order (“RAO”) and/or restricted proceedings order (“RPO”) within the meaning of Practice Direction 11.3.  In the event the name of the party making the submission is the same as that of someone subject to a RAO or RPO, the submitting party should file the originating process or application in the conventional mode, whereupon the Court registry may require proof or information for identity verification to be produced.

25.  For the avoidance of doubt, the e-system may not be used as a means of effecting service of any document on the Court or a judge or a judicial officer as a party or an interested party named in a proceeding.

C.  Issuance of documents by the Court to registered users

26.  This Part should be read together with section 13 of the Ordinance and rules 10 and 11 of the Rules, which govern the issuance of documents by the Court in electronic form by means of the e-system.

27.  Rule 10(1)(a) of the Rules covers the following documents:

(a)  a writ of summons except a concurrent writ (Order 6 of the RHC);

(b)  an originating summons (Order 7 of the RHC);

(c)  an originating motion (Order 8 of the RHC);

(d)  a counterclaim (Order 15, rule 3(2) of the RHC);

(e)  a third party notice (Order 16, rule 1(2) and (3) of the RHC);

(f)  an interlocutory summons (Order 32, rule 2 of the RHC);

(g)  a petition (Order 9, rule 3 of the RHC);

(h)  a notice of appeal (Order 59, rule 3 of the RHC);and

(i)  an ex parte originating summons (Order 7 of the RHC). 

28.  Upon successful transmission of a document, the submitting party will receive an acknowledgment and a notification of the submission time.  The Court will require time to process and issue the document in question.  A document which requires further manual processing and/or directionsto be given by the Courtwill be handled in the same way as a document submitted in the conventional mode.  The processing time may vary, depending on the nature of the document to be issued.

29.  The Court registry will process a time-critical document in accordance with the practice adopted for such type of document submitted in the conventional mode, and will endeavour to issue the document as soon as practicable. 

30.  A document to be issued by the Court will be electronically sealed and affixed with a hearing date (if any), and sent to the submitting party via the e-system.

C1.  Issuance of concurrent originating process for service out of jurisdiction

31.  Where leave of the Court is required for service out of the jurisdiction, a party applying for the issuance of a concurrent originating process for service out of the jurisdiction must first apply for and obtain leave under Order 11 of the RHC.

32.  The processing of an application for the issuance of a concurrent originating process takes time.  The issuing date will be the date on which the concurrent originating process is issued.

D. Sending of documents by the Court to registered users

33.  This Part should be read together with sections 12(1) and 13 of the Ordinance which govern the sending of documents by the Court to registered usersin electronic formby means of the e-system.

34.  After the Court has sent a document to a registered user via the e-system, a notification message and the document will be sent to the receiving party’s message box in the e-system. A receiving party who has opted to receive additional email notification for messages sent to the e-system message boxwill separately receive a notification at the email address provided to the Judiciary.

35.  It is the responsibility of registered users and Organization User account holders to regularly check the e-system for documents or messages sent by the Court.

36.  If a document has to be passed to a registered user by a data storage device due to its file size, the costs of the storage device and delivery (if any) will not be charged to the registered user.

D1.  Use of printouts of documents issued or sent by the Court in electronic form

37.  This Part should be read together with section 22 of the Ordinance which governs the use of printouts of documents issued or sent by the Court in electronic form.

38.  For the purpose of section 22(2) of the Ordinance, a printout must comply with the following requirements:

(a)  if the document bears the seal of the court, the printout must be a coloured copy with the court seal printed in red;

(b)  the printout must be on durable paper, and in A4 size unless the nature of the document renders it impracticable;

(c)  the printout must be in the same layout and colour as the electronic version of the document; and

(d)  the printout must include all the pages of the document, and may be printed on one side or both sides.

E. Electronic service of documents

39.  This Part should be read together with section 16 of the Ordinance and rules 15 to 25 of the Rules, which govern electronic service of documents between parties.  Specifically, a party who serves a document on another party should note when the electronic service of documents is effected as set out in rule 23 of the Rules.

40.  For the purpose of section 16 of the Ordinance, a party may not serve a document on another party by electronic transmission if the receiving party is not within the jurisdiction within the meaning of Order 11 of the RHC unless:

(a)  the receiving party is represented in the proceeding concerned by a firm of solicitors in Hong Kong whereby service of documents may be effected on the solicitors; or

(b)  service of the document by electronic transmission is in compliance with Order 11 of the RHC.

41.  A party does not have to be a registered user or an Organization User account holder to send documents or give consent to accept service of documents by electronic transmission.

E1.  Giving of consent

42.  Written consent to accept service of documents by electronic transmission and the designation of the information system for receiving documents can be given by any means, such as:

(a)  by completing and serving the Notice of Acceptance of Electronic Service at Annex A of this e-practice direction; or

(b)  by publishing a general consent on the receiving party’s webpage.

43.  A consent to accept service of documents by electronic transmission should not be subject to any condition.

44.  For the purpose of rule 19(1)(b) of the Rules, the designated information system for receiving documents must not be the e-system which does not support electronic service of documents between parties.

45.  There is no need to file the notice notifying consent to accept service of documents by electronic transmission.

46.  A notice of consent to accept service by electronic transmission takes effect at the timeit is given, save that notice of consent given by post takes effect on the day of posting.

47.  A consent to accept service of documents by electronic transmission remains valid and effective until it is validly withdrawn.

E2.  Withdrawal of consent

48.  A party may withdraw the consent to accept service of documents by electronic transmission at any time.  A withdrawal of consent must be given in writing by filing and serving a Notice of Withdrawal of Consent at Annex B of this e-practice direction.

49.  A withdrawal of consent takes effect at the time the notice of withdrawal is served or deemed to have been served on the party who has previously received the consent to accept service by electronic transmission.

E3.  Change of designated information system

50.  A party may change the designated information system for receiving documents by electronic transmission at any time.  A notice of change of designated information system must be given in writing by filing and serving the Notice of Change of Designated Information System at Annex C of this e-practice direction. 

51.  The change takes effect at the time the Notice of Change of Designated Information System is served or deemed to have been served on the party who has previously received the consent to accept service by electronic means.

F.  Miscellaneousmatters

F1.  Electronic case file of proceedings

52.  For proceedings commenced after the e-system is implemented in the Court, all documentssubmitted to the Court, whether by electronic mode via the e-system or by conventional mode, will be keptin the electronic case file of the proceedings.  Documents that are too large or for any operational reason considered not suitable to be kept in electronic formwill be kept in the conventional mode.

53.  Except otherwise provided in a rule or written law or a direction of the Court, a party who files or submits a document in the conventional mode is required to provide to the Court at the time of making the filing or submission an electronic copy of the document in USB mass storage device(s) or portable hard disk(s) with USB interface. 

54.  A document filed in a paper form will be the original copy of the document.  The accompanying electronic copy will be used for sealing and e-inspection.

F2.  Requirement to retain the original of authenticated documents

55.  A party who sendsto the Court by electronic transmissionany of the documents authenticated pursuant to rule 29 of the Rules should retain the original paper form document until the final disposal of the subject proceedings^[3]as the authenticity of the document may be challenged or required to be proved during the course of the proceedings.

F3.  Electronic seal of the Court

56.  An electronic seal (“e-seal”) of the Court may be applied to a document by:

(a)  applying a digital signature on the document electronically; and

(b)  inputting a facsimile of the seal duly approved by the Court on the document electronically.

57.  An e-seal may differ in appearance from the physical seal applied to paper form documents.

F4.  Ex-parte applications 

58.  The Court will notify the applicant of an ex-parte application made to the Court by electronic modethe outcome of the application electronically.  A party who has made an ex-parte application should check the message box in the e-system for messages concerning the application.  A party who has opted to receive additional email notification for messages sent to the e-system message boxwill separately receive a notification at the email address provided to the Judiciary.

F5.  Provision of address

59.  A party required to provide an address must provide a physical or postal address.  The provision of an email address will not be sufficient to meet the requirement.

G.  Commencement date

60.  This e-practice direction shall come into effect on 30 June 2025.

Dated this 11th day of June 2025.

Annex A

Annex B

Annex C