PRACTICE DIRECTION - 25.1
CHAMBERS HEARINGS IN CIVIL PROCEEDINGS
IN THE HIGH COURT,THE DISTRICT COURT AND
THE LANDS TRIBUNAL
1. This Practice Direction governs hearings in chambers in civil proceedings in the High Court, the District Court and the Lands Tribunal regulating when such hearings are to be open to the public and when such hearings are not open to the public, as the case may be. A hearing open to the public is one where the hearing is open to the press and the public to attend. A hearing not open to the public is a closed one where the press and the public are excluded from attending.
2. All chambers hearings (interlocutory or otherwise) shall be held in public except in the instances set out in paragraphs 3, 4(a) and 5.
3. Where statutory provision(s) specifically require proceedings to be not open to the public, such as those listed in Schedule 1, such proceedings shall not be open to the public in accordance with the provisions.
4. (a) The proceedings listed in Schedule 2 would usually not be open to the public. In relation to such proceedings, it is considered that having regard to their nature, one or more of the reasons for excluding the press and the public laid down in Article 10 of the Hong Kong Bill of Rights Ordinance, Cap. 383 ("Article 10") are usually satisfied. Accordingly, such proceedings would usually not be open to the public.
(b) However, if in a particular case, the court is of the view that none of the reasons in Article 10 is satisfied in the circumstances of the case concerned, the court may, whether upon a party's application (as to which see paragraph 7) or on its own motion, order that the hearing be open to the public.
5. At any stage of any proceedings other than those governed by paragraphs 3 and 4 above, where the court is of the view that one or more of the reasons in Article 10 are satisfied, it may, whether upon a party's application (as to which see paragraph 7) or on its own motion, order that a chambers hearing open to the public be closed to the public for the whole or part of the hearing.
6. Where the court has made an order referred to in paragraph 4(b) or paragraph 5, it may subsequently revoke or vary such an order.
7. Any party to an inter partes application who wishes to apply for an order referred to in paragraph 4(b) or paragraph 5 shall, as soon as practicable, and in any case not less than 2 clear days before the hearing apply in writing to the court with grounds in support thereof, giving notice to all other parties to the application. Any party who opposes the application shall state his grounds in opposition which shall reach the court and the party who has applied for the order no later than the day before the hearing. Such application will be dealt with by the court on paper unless the court directs that an oral hearing be held.
8. This Practice Direction is without prejudice to the court's powers to adjourn the hearing of any summons or other application from chambers into court and subsequently from court into chambers pursuant to Order 32 rule 18 of the Rules of the High Court and Rules of the District Court.
Summons or notice
9. The party filing a summons or notice for hearing in chambers should specify therein, in accordance with this Practice Direction, whether the hearing is to be open to the public or not open to the public.
Daily Cause List
10. Where any chambers hearing is not to be open to the public, such hearing will be listed as "In chambers (not open to the public)".
Order
11. An order made by the court at a hearing in chambers not open to the public should be so stated expressly therein.
Exceptions
12. For the avoidance of doubt, this Practice Direction does not apply to proceedings under Orders 115 to 119 of the Rules of the High Court nor to proceedings covered by Practice Direction 15.15.
Rights of Audience
13. The existing rights of audience of solicitors in chambers hearings shall continue to apply, whether the chambers hearings are open to the public or not open to the public.
14. The existing rights of persons entitled to appear before a master in chambers and a taxing master as provided for in Practice Direction14.1 and Part D of Practice Direction 27 shall continue to apply, whether the chambers hearings are open to the public or not open to the public.
15. This Practice Direction supersedes the previous Practice Direction 25.1 on Chambers Hearings in Civil Proceedings in the High Court, the District Court and the Lands Tribunal dated 18 September 2015.
16. This Practice Direction shall take effect on 13 February 2017.
Dated this 24th day of January 2017.
|
(Geoffrey Ma) |
Schedule to Practice Direction 25.1
Types of proceedings required by legislation to be not open to the public, including the following:
|
Ordinance/Rules |
Provisions |
Nature of proceedings |
|
Patent Ordinance |
s.130(2) |
On all appeals under the Ordinance concerning a patent application which has not been published |
Types of proceedings usually not open to the public by reason of their nature, including the following:
(1)Matters relating to disability, e.g. mental disability, infancy
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court |
Order 32 rule 9 |
On applications for leave to institute proceedings under s.69 of the Mental Health Ordinance (Cap 136) |
|
Order 80 |
On applications relating to persons under disability |
|
|
Employees’ Compensation Ordinance (Cap 282) |
s.6A |
On an applications relating to apportionment of compensation in fatal cases |
|
s.6H(6) |
On applications relating to the disposal of compensation apportioned to dependants, etc |
|
|
s.13 |
On applications relating to distribution for compensation, etc. |
|
|
Rules of the District Court |
Order 80 |
On applications relating to persons under disability |
(2) Matters relating to ex parte applications for injunctions or orders of a restraining or compulsory nature
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court |
Order 29 |
On ex parte applications for injunction |
|
Order 30 |
On ex parte applications for receiver and injunction |
|
|
Order 44A |
On ex parte applications for prohibition order and for taking security/attachment of property |
|
|
Order 51 |
On ex parte applications for the appointment of receiver by way of equitable execution |
|
|
Landlord and Tenant (Consolidation) Ordinance (Cap 7) |
s.77, 85 & 91 |
On ex parte applications for warrant of distress and order to break open outer doors and windows |
|
Rules of the District Court |
Order 29 |
On ex parte applications for injunction |
|
Order 30 |
On ex parte applications for receiver and injunction |
|
|
Order 44A |
On ex parte applications for prohibition order |
|
|
Order 51 |
On ex parte applications for the appointment of receiver by way of equitable execution |
(3) Matters relating to companies winding-up and bankruptcy
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court |
Order 29 |
On applications for order restraining presentation or advertisement of winding up petition |
|
Bankruptcy Ordinance (Cap 6) |
s.13 |
On applications to appoint interim trustee for protection of estate |
|
s.27 |
On applications to arrest debtor |
|
|
Bankruptcy Rules |
r.48 |
On applications to set aside statutory demands |
|
r.82A |
On applications for public examination of bankrupt pursuant to s.19 of the Bankruptcy Ordinance (Cap 6) |
|
|
r.87B |
On applications for inquiry into bankrupt’s conduct pursuant to s.29 of the Bankruptcy Ordinance |
|
|
Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) |
s.193 |
On applications for appointment, termination of appointment and resignation of provisional liquidator before winding-up order |
|
items 2 and 3 of Part 1 of Schedule 25 |
On applications by liquidator to sanction compromise |
|
|
s.286B(1) |
On applications for an order for private examination |
|
|
s.224 |
On applications to arrest absconding contributory or officer |
|
|
Companies (Winding-up) |
r.5(2) |
On private examinations conducted pursuant to s.286B of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) and directed to be held in chambers |
|
rr.50 and 51 |
On applications for consideration of report pursuant to ss.191(2) and 286A(1)(a) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) |
|
|
r.58 |
On summonses returnable in the first instance in chambers for consideration of report in applications pursuant to ss.168I, 275 and 276 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) and s. 904(1) of the Companies Ordinance (Cap 622) |
(4) Matters relating to intellectual property
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Copyright (Border Measures) Rules (Cap 4F) |
s.5 |
On proceedings under sections 136, 137, 138, 139 and 140 of the Copyright Ordinance (Cap 528) relating to detention and disclosures of information |
|
Trade Mark (Border Measures) Rules (Cap 362F) |
r.5 |
On proceedings under sections 30B, 30C, 30D, 30E and 30F of the Trade Descriptions Ordinance (Cap 362) relating to detention and disclosure of information |
|
Registered Design Ordinance (Cap 522) |
s.58(2) |
On all appeals under the Ordinance concerning an application for registration of a design |
(5) Matters relating to arbitration
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court (Cap 4A) |
Order 73 |
On all applications under the Arbitration Ordinance (Cap 609) |
|
Arbitration Ordinance (Cap 609) |
s.16 |
On all proceedings under the Ordinance |
(6) Matters relating to representation in legal proceedings
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court (Cap 4A) |
Order 5 rule 6(3) and Order 12 rule 1(2A)(a) |
On applications by company for leave to be represented by director |
|
Order 67 |
On applications by solicitors for a declaration of having ceased to act |
|
|
Legal Aid Ordinance |
s.26 |
On appeals from decision of Director of Legal Aid to Registrar of High Court |
|
Rules of District Court (Cap 336H) |
Order 67 |
On applications by solicitors for a declaration of having ceased to act |
(7) Matters relating to trustees
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court |
Order 85 rule 2 |
On applications by trustees for directions, including a Beddoe Order |
|
Trustee Ordinance (Cap 29) |
s.4 |
On applications for investments by trustee other than the specified ones |
|
Administration of Trust Funds Rules (Cap 29A) |
r.6 |
On applications by trustee under the Ordinance relating to administration of funds |
|
Judicial Trustee Rules |
r.12 |
On applications to obtain from judicial trustee information or explanation required for properly giving directions, or for the purpose of explaining the nature of the directions |
(8) Matters relating to obtaining evidence for foreign court
|
Ordinance/Rules |
Provisions |
Nature of Proceedings |
|
Rules of the High Court (Cap 4A) |
Order 70 |
On applications to obtain evidence for foreign court |