Cap. 336 《區域法院條例》District Court Ordinance

A court known as the District Court is established. (Replaced 28 of 2000 s. 4)

The Court shall be a court of record and shall have such civil and criminal jurisdiction and powers as are conferred upon it by this Ordinance and by any other enactment for the time being in force. (Amended 21 of 1962 s. 3)

The jurisdiction and powers conferred by any other enactment for the time being in force shall be subject only to such limitations as such enactment may provide or may have provided. (Added 20 of 1963 s. 3)

(1 of 1953 s. 3 incorporated)

The Court shall consist of 2 or more judges, to be known as District Judges.

District Judges shall be appointed by the Chief Executive by instrument under the Public Seal. (Amended 25 of 1998 s. 2)

Any appointment made under the provisions of subsection (2) may be given effect from a date anterior to that of the instrument by which it is made. (Added 18 of 1958 s. 2. Amended 20 of 1972 s. 24; 28 of 2000 s. 5)

This section does not authorize the discharge of any judicial functions by any person before the date of the instrument of appointment or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled. (Added 28 of 2000 s. 5)

(1 of 1953 s. 4 incorporated)

No person shall be appointed to be a District Judge under section 4 unless—

For the purpose of calculating such period of 5 years, periods of less than 5 years falling within any of the sub-paragraphs of paragraph (b) of subsection (1) may be combined. (Amended 38 of 1965 s. 2)

For the purposes of calculating the period of 5 years under subsection (1), periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap. 100) may be taken into account notwithstanding the repeal of that Ordinance. (Added 8 of 1993 s. 26)

A judge sitting alone shall, subject to section 58 and to the rules, hear and dispose of proceedings in the Court and business arising out of the proceedings. (Replaced 28 of 2000 s. 6)

The proceedings in every action or matter subsequent to the hearing or trial, down to and including the final judgment or order, and any application for leave to appeal or for a stay of execution shall, so far as is practicable and convenient, be taken before the judge or Registrar before whom the trial or hearing took place. (Replaced 21 of 1962 s. 5. Amended 28 of 2000 s. 6)

The business of the Court shall be heard and disposed of in court unless this Ordinance, the rules of court or another enactment authorizes the matter to be heard and disposed of in chambers. (Replaced 28 of 2000 s. 6)

(1 of 1953 s. 6 incorporated)

The Chief Justice may appoint a person who is eligible under section 5 to be appointed as a District Judge to be a deputy District Judge if— (Amended 10 of 2005 s. 145)

A deputy District Judge shall have and may exercise all the jurisdiction, powers and privileges and perform all the duties of a District Judge. A reference in any law to a deputy District Judge shall be construed accordingly. (Amended 10 of 2005 s. 145)

Without restricting the Chief Justice’s power under subsection (1), the Chief Justice may appoint a deputy District Judge—

The Chief Justice may terminate the appointment of a deputy District Judge at any time.

A judge must vacate his office when he attains the retirement age.

Notwithstanding the fact that he has attained the retirement age, a person holding the office of a judge may continue in office for so long after attaining the retirement age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

Subsection (3) applies to a judge—

Notwithstanding subsection (1), the term of office of a judge may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, and in any such case the judge is accordingly to be regarded as having attained the retirement age at the expiration of the specified period or periods. (Amended 25 of 1998 s. 2)

A judge may at any time resign his office by notice in writing addressed to the Chief Executive. (Amended 25 of 1998 s. 2)

In this section—

Subject to any rules made under this Ordinance, the Chief Justice may give such directions as he thinks fit touching the distribution and disposal of the business of the Court.

Subject to any such rules or directions and to the provisions of subsection (3), a judge shall sit for the disposal of business pending in the Court at such places and times as he may think fit. (Amended 21 of 1962 s. 7)

Any proceedings may at any time and at any stage thereof, and either with or without application from any of the parties thereto, be transferred in such manner as may be prescribed or as any such direction may authorize, from one judge to another. (Amended 21 of 1962 s. 7)

(1 of 1953 s. 8 incorporated)

The Court shall use such seal as the Chief Justice directs.

All writs, judgments, orders, documents and copies issued by the Court shall be sealed with the seal.

A writ, judgment, order, document or copy purporting to be sealed with the seal of the Court is admissible in any court on its production without further proof.

The Chief Executive may appoint a registrar of the Court and such number of deputy registrars, assistant registrars, chief judicial clerks and bailiffs as he may think fit; and there may be attached to such court such number of clerks of the Court, clerks, interpreters and other officers as the Chief Executive may consider necessary.(Replaced 28 of 2000 s. 9)

In addition to any functions, powers and duties which he is by this or any other enactment enabled to exercise or required to discharge, the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter and other officer appointed or attached to the Court under the provisions of subsection (1) may exercise and discharge the like functions, powers and duties respectively insofar as the same are applicable to the business and proceedings of the Court, as those exercised and discharged by a registrar, deputy registrar, assistant registrar, bailiff, clerk of the Court, clerk, interpreter or other officer attached to the High Court.(Replaced 21 of 1962 s. 9. Amended 38 of 1965 s. 3; 92 of 1975 s. 58)

The Registrar shall have and may exercise and discharge such other jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law.(Added 28 of 2000 s. 9)

The deputy registrars and assistant registrars may be called Masters.(Added 28 of 2000 s. 9)

Any act which under this or any other enactment is required or authorized to be done by the Registrar may be performed by a deputy registrar or assistant registrar of the Court; and any process of the Court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff.(Amended 21 of 1962 s. 9; 38 of 1965 s. 3)

It shall be lawful, in relation to the business and proceedings of the Court, for the Registrar of the High Court and every temporary registrar, senior deputy registrar, temporary senior deputy registrar, deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar and bailiff attached to the High Court to exercise any power or discharge any duty which such Registrar, temporary registrar, senior deputy registrar, temporary senior deputy registrar, deputy registrar, temporary deputy registrar, assistant registrar, temporary assistant registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) if he had been appointed or attached to the Court under subsection (1).(Replaced 28 of 2000 s. 9. Amended 10 of 2005 s. 146)

In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the High Court Ordinance (Cap. 4) to a person exercising or discharging similar powers or duties under that Ordinance.(Amended 21 of 1962 s. 9; 28 of 2000 s. 9)

A person shall be eligible to be appointed as the Registrar, a deputy registrar or an assistant registrar if—

For the purposes of calculating the period of 5 years referred to in subsection (1)(b)—

The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as the Registrar to be a temporary registrar if—

Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary registrar for a specified period only.

A temporary registrar has, during the period for which he or she is appointed, all the jurisdiction, privileges, powers and duties of the Registrar and a reference in any law to the Registrar is to be construed accordingly. (Added 17 of 2018 s. 10)

The Chief Justice may terminate the appointment of a temporary registrar at any time.

The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as a deputy registrar to be a temporary deputy registrar if— (Amended 10 of 2005 s. 148)

Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary deputy registrar for a specified period only.

A temporary deputy registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of a deputy registrar and any reference in any law to a deputy registrar shall be construed accordingly.

The Chief Justice may terminate the appointment of a temporary deputy registrar at any time.

A temporary deputy registrar may be called Master.

The Chief Justice may appoint a person who is eligible under section 14AA to be appointed as an assistant registrar to be a temporary assistant registrar if— (Amended 10 of 2005 s. 149)

Without prejudice to the generality of the power conferred on him by subsection (1), the Chief Justice may appoint a temporary assistant registrar for a specified period only.

A temporary assistant registrar shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and discharge all the duties of an assistant registrar and any reference in any law to an assistant registrar shall be construed accordingly.

The Chief Justice may terminate the appointment of a temporary assistant registrar at any time.

A temporary assistant registrar may be called Master.

If the hearing of any proceedings before a temporary registrar is adjourned or if he reserves judgment in any proceedings, the temporary registrar shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a temporary registrar has expired or has been terminated.

Subsection (1) shall apply to a temporary deputy registrar or temporary assistant registrar as it applies to a temporary registrar.

In any proceedings in the Court, any of the following persons may address the Court, namely—

The right of a solicitor to address the Court is not excluded by reason only of the fact that he is in the permanent and exclusive employment of any other solicitor. (Added 28 of 2000 s. 11)

No person other than a solicitor shall be entitled to have or to recover any fee or reward for appearing or acting on behalf of any other party in any proceedings in the Court. (Amended 28 of 2000 s. 11)

The right of a barrister to appear or to act in the Court or of a solicitor to recover costs for the employment of a barrister to appear or to act is not affected by anything in this Ordinance. (Added 28 of 2000 s. 11)

(Repealed 25 of 2008 s. 7)

There is to be a District Court Rules Committee. (Replaced 17 of 2018 s. 12)

The Rules Committee is to consist of— (a)the Chief Judge; (b)3 District Judges appointed by the Chief Judge; (c)a barrister nominated by the Hong Kong Bar Association; (d)a solicitor nominated by The Law Society of Hong Kong; (e)the Registrar; and (f)the Secretary for Justice or a legal officer, as defined in section 2 of the Legal Officers Ordinance (Cap. 87), appointed by the Secretary for Justice. (Added 17 of 2018 s. 12)

The Registrar is to be the secretary of the Rules Committee. (Added 17 of 2018 s. 12)

At any meeting of the Rules Committee, 4 members, one of whom is either such a barrister or such a solicitor, shall be a quorum. (Amended 17 of 2018 s. 12)

The Rules Committee shall be convened by or at the direction of the Chief Judge.

The Chairman of the Rules Committee shall be the Chief Judge or, in his absence, the senior District Judge present at the meeting.

When any sum of money remains unclaimed in the Court for a period of 5 years, the Chief Justice may, on application by the Registrar of the High Court, order such sum to be transferred to the general revenue of the Government. (Amended 25 of 1998 s. 2)

Before making any order under subsection (1) the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given and to such parties as he may think fit.

The Court may enforce a fine imposed, or a recognizance forfeited, by it in the same manner as a judgment for the payment of money.

The Court shall certify to the Registrar the sum payable if a fine or recognizance is not paid in full when it is due and the Registrar shall enforce the payment of the sum certified as a judgment debt due to the Court.

The Court has jurisdiction to hear and determine any action founded on contract, quasi-contract or tort where the amount of the plaintiff’s claim does not exceed $3,000,000.

In this section and in section 34, the amount of the plaintiff’s claim means the amount the plaintiff claims after taking into account—

that the plaintiff admits in his statement of claim.

The Court has jurisdiction to hear and determine any proceedings by way of interpleader in which the amount or value of the matter in dispute does not exceed $3,000,000.

The Court has jurisdiction to hear and determine any action for the recovery of any penalty, expenses, contribution or other like demand which is recoverable by virtue of any enactment for the time being in force and for the recovery of any sum which is declared by any enactment to be recoverable as a civil debt if— (Amended 28 of 2000 s. 22)

The Court has jurisdiction to hear and determine an action that is in excess of the Court’s monetary jurisdiction limit on the plaintiff abandoning the amount of the plaintiff’s claim in excess and the action is one in which the Court otherwise has jurisdiction.

The Court cannot award to the plaintiff in an action under this section an amount exceeding the Court’s monetary jurisdiction limit for the action.

The judgment of the Court in an action limited under this section is in full discharge of all demands in the cause of action.

Subject to the maximum limits in amount or value set out in subsection (2), the Court has the jurisdiction of the Court of First Instance to hear and determine the following proceedings—

The maximum limits in amount or value referred to in subsection (1) for—

are—

A judge has in proceedings authorized by this section in addition to his other powers and authority the powers and authorities of a judge of the Court of First Instance acting in the exercise of the equitable jurisdiction of the Court of First Instance.

Nothing in this section gives jurisdiction to the Court in proceedings for the recovery of land or relating to the title to land, where the annual rent or the rateable value of the land, determined in accordance with the Rating Ordinance (Cap. 116), or the annual value of the land, whichever is the least, exceeds $320,000. (Amended L.N. 131 of 2018)

Subsection (2) applies where—

The Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document is to be executed, or that the negotiable instrument is to be endorsed, by such person as the Court may nominate for that purpose.

A conveyance, contract, document or instrument executed or endorsed in accordance with subsection (2) has the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.

Nothing in this section abridges the powers of the Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.

The Court shall, either of its own motion or on the application of any party, order that an action or proceeding be transferred to the Court of First Instance where an action or proceeding commenced in the Court, not being a counterclaim, is outside the jurisdiction of the Court but is within the jurisdiction of the Court of First Instance.

The Court may, if it thinks fit, instead of ordering that the action or proceeding be transferred, order that it be struck out where, on the application of a defendant, it appears to the Court that the plaintiff or, if more than one, one of the plaintiffs knew or ought to have known that the Court had no jurisdiction.

If a defendant in an action or proceeding within the jurisdiction of the Court makes a counterclaim which is not within the jurisdiction of the Court but within the jurisdiction of the Court of First Instance, the Court may, either of its own motion or on the application of any party, order—

On the receipt of a report mentioned in subsection (3)(c), the Court of First Instance or a judge thereof may, as it or he thinks fit, order either—

Where an order is made under subsection (3)(b) or subsection (4)(c) and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Court of First Instance or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Court of First Instance have been concluded.

If no report is made under subsection (3)(c), or if on any such report it is ordered that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings notwithstanding any enactment to the contrary.

The Court of First Instance may, either of its own motion or on the application of any party, order the transfer to the Court of all or part of an action or proceeding, other than a counterclaim, which appears to the Court of First Instance likely to be within the jurisdiction of the Court.

An order may be made under this section at any stage of the proceedings of the motion of the Court of First Instance itself or on the application of any party.

The Court of First Instance is required to make an order under this section unless it is of the opinion that, by reason of the importance or complexity of any issue arising in the action or proceeding, or for any other reason, the action or proceeding ought to remain in the Court of First Instance.

The Court of First Instance may, if the parties consent, order the transfer to the Court of all or part of an action or proceeding, including a counterclaim, which is outside the jurisdiction of the Court, but would have been within its jurisdiction except for the monetary limits specified in section 32, 33, 35, 36 or 37.

An order may be made under this section at any stage of the proceedings.

Upon a transfer under subsection (1), the Court shall have jurisdiction to hear and determine all or part of an action or proceeding, including a counterclaim, so transferred notwithstanding any enactment to the contrary.

This section applies to an action or proceeding transferred—

The court or tribunal that orders the transfer may make an order for costs prior to the transfer and of the transfer of proceedings.

The costs of the whole proceedings both before and after the transfer are in the discretion of the court to which the proceedings are transferred subject to any order made by the court or tribunal which ordered the transfer.

The court to which the proceedings are transferred has power to order costs and order the scales on which the costs of the several parts of the proceedings are to be taxed. The costs of the whole proceedings are to be taxed in the court to which the proceedings are transferred.

In an action founded on contract, quasi-contract or tort, for the proceedings in the Court of First Instance before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the Court of First Instance and subject to any order of the Court of First Instance, allow costs on the Court of First Instance scale.

(Repealed 3 of 2008 s. 4)

A person who appears to the Court to be likely to be a party to subsequent proceedings may apply to the Court for an order for discovery of documents against a person who is likely to be a party to the proceedings and who has in his possession, custody or power documents directly relevant to an issue arising out of the claim. (Amended 3 of 2008 s. 15)

The application is to be made in accordance with rules of court.

The Court may order the person, if it appears to it that the person is likely to have or to have had in his possession, custody or power any directly relevant documents— (Amended 3 of 2008 s. 15)

For the purposes of subsections (1) and (3), a document is only to be regarded as directly relevant to an issue arising out of a claim in the anticipated proceedings if—

A party to proceedings in an action, in which a claim is made, may apply to the Court in accordance with rules of court for an order for discovery of documents against a person who is not a party to the proceedings and who is likely to have or to have had in his possession, custody or power documents relevant to an issue arising out of the claim. (Amended 3 of 2008 s. 20)

The Court may order the person, if it appears to it that the person is likely to have or to have had in his possession, custody or power any relevant documents—

A party to proceedings in an action, in which a claim is made, may apply to the Court for an order against a person who is not a party to the proceedings for, and the Court may order— (Amended 3 of 2008 s. 20)

An application under this section is to be made in accordance with rules of court.

The powers in this section are in addition to the power of the Court to make orders which is exercisable apart from this section.

The power to make rules of court includes power to make rules of court as to the circumstances in which an order under section 47A or 47B can be made.

Rules may include the incidental, supplementary and consequential provisions which the Rules Committee may consider necessary or expedient.

The Court shall award costs of and incidental to the proceedings to the person against whom an order is sought under sections 47A and 47B unless the Court otherwise directs.

A person authorized by the rules may, in proceedings in an action, in which a claim is made, apply to the Court for an order for and the Court may order— (Amended 3 of 2008 s. 16)

An application under this section is to be made in accordance with rules of court.

Rules may be made to include—

Section 47D binds the Government so far as it relates to property (within the meaning of that section) which appears to the Court to be likely to become the subject-matter of subsequent proceedings. (Amended 3 of 2008 s. 21)

Sections 47A, 47B and 47C bind the Government.

The Court shall not make an order under section 47A, 47B or 47D if it considers that compliance with an order would be likely to be injurious to the public interest.

The Court has the same power as the Court of First Instance in any proceedings before it—

which ought to be granted or given.

The Court has to administer law and equity so that, if there is a conflict or variance between the rules of equity and the rules of the common law referring to the same matter, the rules of equity prevail.

The Court has to give the same effect as in the past—

The Court has to exercise its jurisdiction to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and multiplicity of legal proceedings on any of those matters is avoided.

The Court may stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.

The Court may include simple interest, at the rate the Court thinks fit in a judgment for a debt or damages, on the debt or damages or on a payment made before judgment, for the period between the date when the cause of action arose and—

Rules of court may provide for the rate of interest and the method of calculation.

In a judgment given for damages for personal injuries or arising out of the death of a person which exceed $30,000, the Court has, unless the Court is satisfied that there are special reasons to the contrary, to include simple interest at the rate the Court thinks fit on—

The defendant in proceedings for the recovery of a debt who pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings) is liable to pay the plaintiff interest at the rate the Court thinks fit or rules of court provide on the debt for the period between the date when the cause of action arose and the date of the payment.

Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

Interest under this section may be calculated at different rates for different periods.

In determining, for the purposes of section 32, 33, 36 or 37, whether an amount exceeds or is less than the amount specified in those sections, the Court shall not take account of any interest that may be ordered under this section or of any order for interest made under this section.

This section does not affect the damages recoverable for the dishonour of a bill of exchange.

In this section—

Judgment debts are to carry simple interest—

on the total amount of the judgment debt, or on the part that for the time being remains unpaid, from the date of the judgment until payment.

Interest under this section may be calculated at different rates for different periods.

The Court shall have jurisdiction to grant and to enforce injunctions of whatsoever nature and as the case may require and to make binding declarations of right—

notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings. (Amended 35 of 1966 s. 4; L.N. 131 of 2018)

Nothing in this section shall—

The Court may by order impose a charge for securing the payment of any money due or to become due under a judgment or order of the Court on a judgment debtor’s property specified in the order.

In deciding whether to make a charging order the Court has to consider all the circumstances of the case and, in particular, any evidence before it as to—

This section applies to a judgment, order, decree or award however called of any court or arbitrator, including a court of justice outside of Hong Kong or arbitrator outside of Hong Kong, which is or has become enforceable, whether wholly or to a limited extent, as it applies to a judgment or order of the Court.

Subject to section 25 (which provides that a writ of execution shall not issue against any partnership property except on a judgment against the firm) of the Partnership Ordinance (Cap. 38), a charge may be imposed by a charging order under this Ordinance only on—

The assets referred to in subsection (1) are—

The Court may extend a charge to any interest, dividend or other distribution payable and any bonus issue in respect of the asset where the charging order is over an interest in an asset other than land.

In this section—

A charging order may be made either absolutely or subject to conditions as to notifying the judgment debtor or as to the time when the charge is to become enforceable, or as to other matters.

The Land Registration Ordinance (Cap. 128) applies to charging orders as it applies to other orders or writs issued or made to enforce judgments.

A charge imposed by a charging order has the same effect and is enforceable in the same courts and in the same manner as an equitable charge created by the judgment debtor by writing under his hand.

The Court may at any time, on the application of the judgment debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order.

The Land Registrar shall, on the filing with him of a memorial and an office copy of an order under subsection (4) discharging a charging order registered under the Land Registration Ordinance (Cap. 128), enter a discharge of the charging order on the register. The Land Registrar may issue certificates of the entry.

The Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in any action or proceedings in the Court and within its jurisdiction in which the Court considers it just or convenient so to do.

The order may be made either unconditionally or on the terms and conditions the Court thinks just.

The Court may grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the Court, or otherwise dealing with, assets located within the jurisdiction whether the party is or is not domiciled, resident or present within the jurisdiction.

The Court may, on an application made at any time before, at, or after the hearing of an action or proceedings, grant an injunction to prevent any threatened or apprehended waste or trespass whether—

The Court may appoint a receiver by way of equitable execution in relation to all legal estates and interests in land. The Court may exercise the power to appoint a receiver—

Where an order under section 52A imposing a charge to enforce a judgment, order, decree or award has been registered under section 2 of the Land Registration Ordinance (Cap. 128), section 3(2) of that Ordinance does not apply to an order appointing a receiver made either—

A sum standing to the credit of a person in a deposit account of an authorized institution is deemed to be a sum due to the person for the purposes of jurisdiction of the Court to attach debts to satisfy judgments or orders for the payment of money.

Subject to rules of court, the sum in the deposit account of an authorized institution is attachable even if any of the following conditions applicable to the account has not been satisfied—

Subject to section 52E, a person shall not be arrested or imprisoned to enforce, secure or pursue a civil claim for the payment of money or damages except under an order of Court; and the Court shall have jurisdiction to make such an order for arrest or imprisonment only to enforce, secure or pursue a judgment for the payment of a specified sum of money.

An order for imprisonment under subsection (1) shall be for a period not exceeding 3 months.

The period mentioned in subsection (2) may be amended by resolution of the Legislative Council.

This section shall not affect any jurisdiction of the Court to make orders of committal in relation to—

The Court shall have jurisdiction to make an order prohibiting a person from leaving Hong Kong (a prohibition order) to facilitate the enforcement, securing or pursuance of—

The Court shall not make an order under subsection (1)(b) unless it is satisfied that there is probable cause for believing that—

The Court shall not make an order under subsection (1)(c) unless it is satisfied that there is probable cause for believing that—

A copy of an order under subsection (1) and any other order ancillary thereto shall be served on the Director of Immigration, the Commissioner of Police and, if he can be found, the judgment debtor or person against whom the claim is made.

Where the Court makes an order under subsection (1) prohibiting a person from leaving Hong Kong, any person who, having been served with a copy of the order or otherwise informed of its effect, attempts to leave Hong Kong in contravention of that order may be arrested by any immigration officer, police officer or bailiff.

The Director of Immigration shall not be liable for any failure to prevent any person against whom an order is made under this section from leaving Hong Kong.

The form of order under this section may be set by the Chief Justice. (Amended 25 of 1998 s. 2; 28 of 2000 s. 27)

The costs of and incidental to all proceedings in the Court, including the administration of estates and trusts, are in the discretion of the Court, and the Court has full power to determine by whom and to what extent the costs are to be paid.

Without prejudice to the generality of subsection (1), the Court may, in accordance with rules of court, make an order awarding costs against a person who is not a party to the relevant proceedings, if the Court is satisfied that it is in the interests of justice to do so. (Replaced 3 of 2008 s. 32)

In any civil proceedings before it, the Court may, in accordance with rules of court, by order disallow, or order the legal representative concerned to meet, the whole or any part of any wasted costs. (Added 3 of 2008 s. 23)

When determining whether or not to make an order under subsection (3), the Court shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice. (Added 3 of 2008 s. 23)

This section applies where—

Subject to any other Ordinance, either party to the agreement may commence proceedings for an order for the costs of and incidental to the dispute, in accordance with rules of court.

In any proceedings commenced under subsection (2) or transferred to the Court under section 52C of the High Court Ordinance (Cap. 4), the Court may—

A reference to costs in subsection (3)(b) and (c) is a reference to the costs of and incidental to the proceedings commenced under subsection (2) or transferred to the Court under section 52C of the High Court Ordinance (Cap. 4).

The Court has jurisdiction to make an order under subsection (3) if the amount of the party’s claim for those costs does not exceed $3,000,000. (Amended L.N. 131 of 2018)

The Court may, either of its own motion or on the application of any party, order the transfer of proceedings commenced under section 53A(2) to the Court of First Instance.

An order may be made under this section at any stage of the proceedings.

Where the Court has made an award of costs under section 53A(3), it may order that those costs be taxed in accordance with—

Where an award of costs under section 53A(3) is made by the Registrar or a master of the Court, the power of the Court under subsection (1) in relation to those costs may be exercised by the Registrar or that master (as the case may be).

In any civil proceedings, the Court may call to its aid not more than 2 assessors specially qualified and may dispose of such proceedings, wholly or in part, with the aid of such assessor or assessors, but the decision of the judge shall be the decision of the Court.

The Court may determine the remuneration, if any, to be paid to an assessor in respect of his services. (Amended 28 of 2000 s. 30)

This section does not authorize the payment of remuneration to a person employed full time in any office of emolument of the Government. (Added 28 of 2000 s. 30)

The Court of First Instance has the same power to issue a commission, request or order to examine witnesses outside the jurisdiction of the Court for the purpose of proceedings in the Court as it has for the purpose of a cause or matter in the Court of First Instance.

The Court of First Instance may order that the proceedings be transferred to the Court of First Instance where an application is made to examine witnesses outside the jurisdiction of the Court.

The reasons for any judgment or order of the Court may be delivered orally or in writing. (Amended 1 of 1993 s. 3)

Where the reasons for any judgment or order are delivered orally, those reasons shall be reduced to writing within 21 days after the hearing or the trial and the reasons so reduced to writing shall be signed by the judge. (Added 1 of 1993 s. 3)

Every party to the proceedings shall be entitled to a copy of any written judgment or order on payment of such fees as may be prescribed.

(Repealed 1 of 1993 s. 3)

Where a judge is prevented by death, absence or otherwise howsoever from concluding the trial of any cause, any other judge, with the consent of the parties, may proceed therewith and may give judgment therein and in so doing may act not only upon any further evidence adduced in the proceedings but also upon any evidence already received insofar as it has been recorded.

For the purposes of this section, the fact that a judge purports to proceed with an unconcluded trial in accordance with the provisions of subsection (1), shall be conclusive evidence that the former judge in such cause is dead, absent or otherwise not available.

Subject to subsection (3), an appeal can, with leave of a judge or the Court of Appeal, be made to the Court of Appeal from every judgment, order or decision of a judge in any civil cause or matter.

Subject to subsection (1B), an appeal lies as of right to a judge in chambers from a judgment, order or decision of a master in any civil cause or matter. (Added 3 of 2008 s. 28)

Where rules of court provide that an appeal from a specified judgment, order or decision of a master lies to the Court of Appeal, the appeal may be made to the Court of Appeal with leave of a master or the Court of Appeal. (Added 3 of 2008 s. 28)

An appeal is subject to rules of court.

A person against whom an order is made pursuant to section 20, 29, 48B, 52D, 52E or 53(3) is entitled to appeal to the Court of Appeal without leave.

Leave to appeal granted under section 63 may be granted—

Leave to appeal shall not be granted unless the judge, the master or the Court of Appeal hearing the application for leave is satisfied that—

On any appeal, the Court of Appeal may draw any inference of fact and may—

On any appeal, the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the Court in whole or in part, any determinations made in the Court on questions of fact, notwithstanding that the appeal is on a point of law only, or any such determinations on points of law notwithstanding that the appeal is an appeal on a question of fact only.

On any appeal, the Court of Appeal may receive further evidence in accordance with the provisions of the Rules of the High Court (Cap. 4 sub. leg. A). (Amended 103 of 1970 s. 7; 25 of 1998 s. 2)

An application for a stay of execution on an appeal may be made at any time and shall, unless the Court of Appeal otherwise allows, be made in the first instance to a judge of the Court.

Without prejudice to the powers of the Court of Appeal, a judge, on any such application, may grant a stay of execution on such terms as to costs, payment of money into court, giving security for the prosecution of an appeal or otherwise as he shall think fit.

Any person summoned in manner prescribed as a witness in the Court who—

shall forfeit such fine, and serve such term of imprisonment not exceeding 2 years, as the judge may direct. (Amended 28 of 2000 s. 34)

The Court cannot punish, under subsection (1)(a), a person summoned as a witness unless he has been paid or has had tendered to him at the time of service of the summons a reasonable sum for expenses, including in prescribed cases, compensation for loss of time. (Added 28 of 2000 s. 34)

Any person present in court who is required to give evidence but refuses to be sworn or to give evidence shall be punishable as aforesaid.

A judge may at his discretion direct that the whole or any part of any fine paid under this section shall, after deducting the costs, be applicable towards indemnifying the party injured by the refusal or neglect without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.

Where writs have been issued from the Court of First Instance and from the Court or from the Court only, at the suit of different plaintiffs, against the goods of the same person, the right to the goods seized shall be determined by the priority of the time of delivery of the writ to the bailiff to be executed. (Amended 25 of 1998 s. 2)

The bailiff shall endorse on every such writ the date and time of the same coming to his hands for execution.

A writ of fieri facias or other writ of execution against goods issued from the Court binds the property in the goods of the execution debtor from the time when the writ to be executed is delivered to the bailiff.

A writ of execution does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless the person had, at the time when he acquired his title, notice that the writ or any other writ under which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the bailiff.

The bailiff (without fee) on receipt of any writ of execution must endorse on its back the hour, day, month and year when he received it so that the time mentioned in subsection (1) can be determined.

In this section and in section 68B—

The property of the judgment debtor is liable to attachment and sale in execution of a judgment other than—

Subject to subsection (5), the purchaser of any goods that were seized from an execution debtor by the bailiff charged with the enforcement of a writ of execution and sold by the bailiff without any claim having been made to them acquires a good title to the goods.

A person is not entitled to recover against the bailiff, or anyone lawfully acting under his authority for any sale of the goods or for paying over the proceeds prior to the receipt of a claim to the goods—

This section does not affect the right of any claimant who may prove that at the time of sale he had title to any goods so seized and sold to any remedy to which he may be entitled against any person other than the bailiff or purchaser.

The Court may, subject to rules of court, set aside the sale of any immovable property in execution of a judgment on the ground of material irregularity in the conduct of the sale.

Subject to subsection (1A), this section has effect where a lessor is proceeding by action in the Court to enforce against a lessee a right of re-entry or forfeiture of any land for non-payment of rent. (Amended 32 of 2002 s. 40)

Where during the term of a lease the application of this section has prevented a lessor from enforcing against a lessee a right mentioned in subsection (1), then during that term this section shall not be applicable again to prevent the lessor from exercising that right against the lessee unless the Court is satisfied that there is good cause why this section should apply in favour of the lessee. (Added 32 of 2002 s. 40)

The action ceases if the lessee pays into court all the rent in arrear and the costs of the action within the time prescribed by rules of court for acknowledging service of the writ. The lessee holds the land according to the lease without any new lease.

The Court is to order that the lessor be given possession of the land on the expiry of a period, not being less than 7 days from the date of the order, as the Court thinks fit if the Court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture. (Amended 32 of 2002 s. 40)

The Secretary for Development may, by notice published in the Gazette, amend the number of days specified in subsection (3) by substituting another number therefor. (Added 32 of 2002 s. 40. Amended L.N. 130 of 2007)

An order for possession lapses if the lessee pays into court all the rent in arrear and the sum the Court directs on account of the costs of the action before the date ordered for possession. The lessee holds the land according to the lease without any new lease.

The Court may extend the period specified in the order for possession at any time before possession of the land is recovered under the order. Subsection (7) does not affect the power of the Court under this subsection.

An action, order or writ for possession does not lapse on payment into court under this section if the lessor is proceeding in the same action—

The order for possession may be enforced if the lessee does not within the period allowed under the order pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action. So long as the order remains unreversed the lessee is barred from all relief.

The Court is to suspend a writ for the possession of the land for the extended period if the Court extends the period under an order before possession can be taken after that period has expired. If, before the expiry of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the Court is to cancel the writ.

This section does not affect—

This section has effect where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, where the rateable value of the land, determined in accordance with the provisions of the Rating Ordinance (Cap. 116), does not exceed $320,000. (Amended L.N. 131 of 2018)

The lessee may, at any time within 6 months from the date on which the lessor re-entered, apply to the Court for relief, and on any such application the Court may grant to the lessee such relief as the Court of First Instance could have granted.

In this section and sections 69, 69A and 69B—

Section 69 or 69B does not affect the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126).

No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court.

No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action.

In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge.

Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment.

No action shall be brought against the Registrar for—

The Rules Committee may make rules of court regulating and prescribing—

Without limiting the general nature of subsection (1), rules of court may be made for the following purposes—

The power to make rules of court under this section includes power to make rules as to proceedings by or against the Government.

Rules of court made under this section apply to all proceedings by or against the Government insofar as they expressly purport so to do.

In the exercise of his discretion, a judge may excuse a party from compliance with any rule.

The Rules Committee may make rules of court for—

The Court may act on a certificate purporting to be a certificate of a registered medical practitioner in deciding for the purposes of any rules made under this section whether or not a person is fit to attend as a witness.

Notwithstanding any enactment or rule of law under which documents prepared for the purpose of pending or contemplated civil proceedings or in connection with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, rules made under this section may—

Without prejudice to the general nature of subsection (1)(c), rules made under that paragraph may prohibit a party who fails to comply with a direction given under rules made under subsection (3)(b) from bringing any oral expert evidence dealing with matters specified in the direction, except with the leave of the Court.

A rule made under this section may make different provision—

In this section references to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

In this section—

The Rules Committee may make rules of court for—

Rules of court made under this section are to prescribe the person on whom a copy of a stop order or stop notice is to be served.

The steps mentioned in subsection (1) are—

Rules made under this section may include incidental, supplementary and consequential provisions that the Rules Committee considers expedient, and may make different provision for different cases or classes of cases.

Notwithstanding sections 50 and 53, the Rules Committee may make rules of court for enabling the Registrar, in such circumstances as may be specified in the rules, to—

Rules made under this section may include incidental, supplementary and consequential provisions that the Rules Committee considers expedient.

The Rules Committee may make rules of court for the circumstances in which the Court may order a party to pending proceedings to make an interim payment of the amount specified in the order, either by payment into court or (if the order provides) by paying it to another party to the proceedings.

The rules made under subsection (1) may enable a party to proceedings who has made an interim payment under an order to recover the whole or part of the amount of the payment in the circumstances, and from the party to the proceedings, determined under the rules.

Rules made under this section may include incidental, supplementary and consequential provisions that the Rules Committee considers expedient.

This section does not affect the exercise of any power relating to costs, including any power to make rules of court relating to costs.

This section binds the Government so far as any proceedings to which this section is applicable can be brought by or against the Government in accordance with the Crown Proceedings Ordinance (Cap. 300).

This section applies to proceedings in an action in which a claim for personal injuries is made in which there is proved or admitted to be a chance that in the future the injured person will develop some serious disease or suffer some serious deterioration in his physical or mental condition as a result of the act or omission which gave rise to the cause of action.

The Rules Committee may make rules enabling the Court in giving judgment in a case to which this section applies to award the injured person—

Rules made under this section may include incidental, supplementary and consequential provisions that the Rules Committee considers expedient, and may provide for the injured person to elect whether or not to accept an award of damages assessed under the rules.

This section does not—

The Chief Judge may make rules for regulating— (Amended 10 of 2005 s. 18)

Without prejudice to the general nature of subsection (1), rules made under this section may provide for—

In this section—

The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under the Sex Discrimination Ordinance (Cap. 480) and the forms of proceedings therein.

The power to make rules under subsection (1) shall extend to all matters of procedure or practice or matters relating to or concerning the effect or operation in law of any procedure or practice in any case within the cognizance of the Court as to which rules of the High Court have been or might be made for cases within the cognizance of the High Court and shall include power to make rules— (Amended 25 of 1998 s. 2)

Each party to any proceedings in the Court in the exercise of its jurisdiction under the Sex Discrimination Ordinance (Cap. 480) shall bear its own costs unless the Court otherwise orders on the ground that—

Without prejudice to the generality of the provisions of subsections (1) and (2), the power to make rules under this section shall extend to—

The Court in the exercise of its jurisdiction under the Sex Discrimination Ordinance (Cap. 480) shall not be bound by the rules of evidence and may inform itself on any matter in such manner as it sees fit, with due regard to the rights of the parties to proceedings therein to a fair hearing, the need to determine the substantial merits of the case and the need to achieve a prompt hearing of the matters at issue between the parties.

Subject to subsection (5), any rule made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Government except in so far as it expressly purports so to do. (Amended 25 of 1998 s. 2)

It is hereby declared that—

For the avoidance of doubt, it is hereby declared that no rule made in accordance with this section shall empower the Court to hear and determine any proceedings involving any claim beyond its jurisdiction.

The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under the Disability Discrimination Ordinance (Cap. 487) and the forms of proceedings therein.

The power to make rules under subsection (1) shall extend to all matters of procedure or practice or matters relating to or concerning the effect or operation in law of any procedure or practice in any case within the cognizance of the Court as to which rules of the High Court have been or might be made for cases within the cognizance of the High Court and shall include power to make rules— (Amended 25 of 1998 s. 2)

Each party to any proceedings in the Court in the exercise of its jurisdiction under the Disability Discrimination Ordinance (Cap. 487) shall bear its own costs unless the Court otherwise orders on the ground that—

Without prejudice to the generality of the provisions of subsections (1) and (2), the power to make rules under this section shall extend to—

The Court in the exercise of its jurisdiction under the Disability Discrimination Ordinance (Cap. 487) shall not be bound by the rules of evidence and may inform itself on any matter in such manner as it sees fit, with due regard to the rights of the parties to proceedings therein to a fair hearing, the need to determine the substantial merits of the case and the need to achieve a prompt hearing of the matters at issue between the parties.

Subject to subsection (5), any rule made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Government except in so far as it expressly purports so to do. (Amended 25 of 1998 s. 2)

It is hereby declared that—

For the avoidance of doubt, it is hereby declared that no rule made in accordance with this section shall empower the Court to hear and determine any proceedings involving any claim beyond its jurisdiction.

The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under the Family Status Discrimination Ordinance (Cap. 527) and the forms of proceedings therein.

The power to make rules under subsection (1) shall extend to all matters of procedure or practice or matters relating to or concerning the effect of operation in law of any procedure or practice in any case within the cognizance of the Court as to which rules of the High Court have been or might be made for cases within the cognizance of the High Court and shall include the power to make rules— (Amended 25 of 1998 s. 2)

Each party to any proceedings in the Court in the exercise of its jurisdiction under the Family Status Discrimination Ordinance (Cap. 527) shall bear its own costs unless the Court otherwise orders on the ground that—

Without prejudice to the generality of the provisions of subsections (1) and (2), the power to make rules under this section shall extend to—

The Court in the exercise of its jurisdiction under the Family Status Discrimination Ordinance (Cap. 527) shall not be bound by the rules of evidence and may inform itself of any matter in such manner as it sees fit, with due regard to the rights of the parties to the proceedings therein to a fair hearing, the need to determine the substantial merits of the case and the need to achieve a prompt hearing of the matters at issue between the parties.

Subject to subsection (5), any rules made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Government except in so far as it expressly purports so to do. (Amended 25 of 1998 s. 2)

It is hereby declared that—

For the avoidance of doubt, it is hereby declared that no rule made in accordance with this section shall empower the Court to hear and determine any proceedings involving any claim beyond its jurisdiction.

The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (Cap. 602) and the forms of proceedings therein.

The power to make rules under subsection (1)—

Each party to any proceedings in the Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (Cap. 602) shall bear its own costs unless the Court otherwise orders on the ground that—

Without prejudice to the generality of the provisions of subsections (1) and (2), the power to make rules under this section shall extend to—

The Court in the exercise of its jurisdiction under the Race Discrimination Ordinance (Cap. 602)—

Subject to subsection (5), any rules made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Government except in so far as it expressly purports so to do.

It is hereby declared that—

For the avoidance of doubt, it is hereby declared that no rule made in accordance with this section shall empower the Court to hear and determine any proceedings involving any claim beyond its jurisdiction.

The Rules Committee may make rules regulating the practice of the Court in the exercise of its jurisdiction under section 66 of the Personal Data (Privacy) Ordinance (Cap. 486) and the forms of proceedings in the Court.

The power to make rules under subsection (1)—

Each party to any proceedings in the Court in the exercise of its jurisdiction under section 66 of the Personal Data (Privacy) Ordinance (Cap. 486) bears its own costs unless the Court otherwise orders on the ground that—

Without limiting subsections (1) and (2), the power to make rules under this section extends to—

The Court in the exercise of its jurisdiction under section 66 of the Personal Data (Privacy) Ordinance (Cap. 486)—

Subject to subsection (5), any rules made in accordance with the provisions of this section may be made so as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any matter or as to the reception or admissibility of any matter in evidence.

No rule made in accordance with the provisions of this section applies to any proceedings by or against the Government except in so far as it expressly purports so to do.

It is declared that—

To avoid doubt, it is declared that no rule made in accordance with this section may empower the Court to hear and determine any proceedings involving any claim beyond its jurisdiction.

Where a charge or complaint has been transferred to the Court by a magistrate in accordance with the provisions of Part IV of the Magistrates Ordinance (Cap. 227), the Court shall have jurisdiction and powers over all proceedings in relation to the offence therein alleged similar to the jurisdiction and powers the Court of First Instance would have had if the accused person had been committed to that court for trial on indictment, save that nothing in this section shall be deemed to give jurisdiction to hear and determine such charge or complaint. (Amended 21 of 1962 s. 13; 16 of 1970 Schedule)

Where any proceedings on indictment are transferred to the Court under section 65F of the Criminal Procedure Ordinance (Cap. 221), the Court shall have jurisdiction and powers over all proceedings in relation to the offence alleged in the indictment similar to the jurisdiction and powers the Court of First Instance would have had if the proceedings had not been so transferred save that nothing in this section shall be deemed to give jurisdiction to hear and determine such indictment. (Added 59 of 1992 s. 10)

Where a charge or complaint or proceedings on indictment has or have been transferred under subsection (1) or (1A), the Secretary for Justice shall, unless he enters a nolle prosequi, deliver to the Registrar a charge sheet setting forth the charge or charges preferred against the accused person, and any such charge may allege the commission of any indictable offence not included in any of the categories specified in Part III of the Second Schedule to the Magistrates Ordinance (Cap. 227) and any offence triable summarily only, whether or not the offence was included in the order transferring the charge or complaint or proceedings on indictment, as the case may be, to the Court. (Amended 16 of 1970 Schedule; 25 of 1972 s. 3; 59 of 1992 s. 10; L.N. 362 of 1997)

A charge sheet referred to in subsection (2) shall be delivered, in the case of a transfer of—

after the date of the order of transfer or such other period as the Court may, in any particular case, allow on any application made on behalf of the Secretary for Justice. (Replaced 59 of 1992 s. 10. Amended L.N. 362 of 1997)

Where in any proceedings on indictment transferred under section 65F of the Criminal Procedure Ordinance (Cap. 221), a charge sheet is not delivered within the period specified in subsection (3)(b) or within such extended period allowed under subsection (3)—

direct that the accused person be discharged in respect of the charges to which the transferred proceedings relate. (Added 59 of 1992 s. 10)

A discharge under subsection (4) shall be deemed to be an acquittal. (Added 59 of 1992 s. 10)

In any criminal proceedings in the Court to hear and determine a charge or complaint which has been transferred in accordance with the provisions of Part IV of the Magistrates Ordinance (Cap. 227) or section 65F of the Criminal Procedure Ordinance (Cap. 221), the accused person shall not without the leave of the Court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi. (Amended 59 of 1992 s. 11)

Without prejudice to subsection (1), in any such proceedings the accused person shall not without the leave of the Court call any other person to give evidence in support of an alibi unless—

The Court shall not refuse leave under this section if it appears to the Court that the accused person was not informed in accordance with the provisions of section 90 of the Magistrates Ordinance (Cap. 227) or section 65F of the Criminal Procedure Ordinance (Cap. 221) of the requirements of this section. (Amended 59 of 1992 s. 11)

Any evidence tendered to disprove an alibi may, subject to any directions by the Court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

Any notice purporting to be given under this section on behalf of the accused person by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused person.

A notice under subsection (1) shall either be given in court upon the making of an order of transfer under section 88 of the Magistrates Ordinance (Cap. 227) or section 65F of the Criminal Procedure Ordinance (Cap. 221), or be given in writing to the prosecutor, and a notice under subsection (2)(c) or (d) shall be given in writing to the prosecutor. (Amended 59 of 1992 s. 11)

A notice required by this section to be given to the prosecutor may be given by delivering it to the Secretary for Justice or by leaving it at the Secretary for Justice’s office, or by sending it by registered post addressed to the Secretary for Justice at his office. (Amended L.N. 362 of 1997)

In this section—

In computing the prescribed period there shall be disregarded any day which is a general holiday under the General Holidays Ordinance (Cap. 149). (Amended 35 of 1998 s. 5)

Where a charge or complaint has been transferred as aforesaid, the Secretary for Justice may, at any time before judgment, enter a nolle prosequi by informing the Court orally or in writing that the Government intends that the proceedings shall not continue, and thereupon the accused person shall be discharged in respect of the charge for which the nolle prosequi is entered: (Amended 21 of 1962 s. 13; L.N. 362 of 1997; 25 of 1998 s. 2) Provided that such discharge shall not operate as a bar to any subsequent proceedings against him on account of the same facts.

Upon the entry of a nolle prosequi under this section, if the accused person has been committed to prison he shall be released, or if on bail all recognizances in respect of his person shall be discharged, and, where the accused person is not before the Court when such nolle prosequi is entered, the Registrar or other proper officer of the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison or other place in which the accused person may be detained, and such notice shall be sufficient authority to discharge the accused person or, if the accused be not in custody, shall forthwith cause such notice in writing to be given to the accused person and his sureties. (Amended 21 of 1962 s. 13)

(1 of 1953 s. 26 incorporated)

Every charge sheet shall be signed by a legal officer as defined in the Legal Officers Ordinance (Cap. 87) and shall bear date on the day on which it is so signed. (Replaced 24 of 1976 s. 2. Amended 25 of 1998 s. 2; 25 of 2008 s. 8)

A charge sheet shall be in the form in Schedule 1 with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case.

Subject to the provisions of this Ordinance, a charge sheet shall not be open to objection in respect to its form or contents, if it is framed in such manner as may be prescribed: Provided that the Court may direct that further and better particulars of any charge shall be delivered. (Amended 21 of 1962 s. 14)

Every charge sheet, when so signed and dated as aforesaid, shall be delivered to the Registrar and shall be filed by him in the Court, and a copy thereof shall be served on the accused person in the manner hereinafter provided.

Nothing in this section or in section 79 or 87 or in any rules made under section 87 shall affect the law or practice relating to the jurisdiction of the Court nor prejudice or diminish in any respect the obligation to establish by evidence according to law any act, omission or intention which is legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the law of evidence in criminal cases. (Amended 21 of 1962 s. 14)

In any proceedings before the Court where a charge sheet has been delivered under section 75(3)(a) against an accused person, before an opening speech is made by or on behalf of the prosecution or, where no such speech is made, before the first witness is called to give evidence on behalf of the prosecution, the Secretary for Justice may apply to the Court for an order that the proceedings be transferred to the Court of First Instance or before a magistrate to be dealt with summarily. (Amended L.N. 362 of 1997; 25 of 1998 s. 2)

Any application under subsection (1) shall be made to a judge by way of motion, notice of which shall be supported by an affidavit showing the grounds on which the application is made.

A copy of the notice of motion and the affidavit shall be served on the accused person not less than 21 days before the date named in the notice for hearing the motion, unless the judge gives leave to the contrary.

On an application being made under subsection (1), the judge may, subject to subsection (5), and if he considers it fit having regard to the interests of justice, make an order allowing the application (in this section and section 77B referred to as an order of transfer) or refuse the application and in either case may make such order as to costs as he considers appropriate.

Upon making an order of transfer of proceedings to the Court of First Instance, the judge shall inform the accused person that he may elect to have the charge or charges to which the order relates heard at a preliminary inquiry before a magistrate and that if he does not so elect the proceedings shall be transferred for trial to the Court of First Instance without an inquiry; and the accused shall thereupon be asked whether or not he elects to have the charge or charges against him heard at a preliminary inquiry and he may make such an election. (Amended 25 of 1998 s. 2)

Where the accused does not elect to have the charge or charges heard at a preliminary inquiry the proceedings shall stand transferred to the Court of First Instance for trial. (Amended 25 of 1998 s. 2)

Where the accused person elects under subsection (5) to have a preliminary inquiry or where an order is made for transfer of proceedings to be dealt with summarily by a magistrate, the judge shall appoint a date on which the accused person shall appear before a magistrate.

Where under this section proceedings stand transferred to be dealt with summarily, the date appointed under subsection (7) shall not be earlier than 21 days from the date of the order of transfer.

Where an application is made under subsection (1), the entire proceedings before the Court shall be stayed until the application is disposed of unless the judge otherwise orders in respect of any matter.

At the time of making an order of transfer, the judge may remand the accused person in custody or on bail as he may consider appropriate.

Unless the judge otherwise orders in respect of any matter, an order of transfer shall operate to terminate the proceedings before the Court.

An order of transfer shall not be subject to appeal.

Where apart from this subsection the Court does not have jurisdiction to hear and determine an application made under subsection (1), this subsection shall confer such jurisdiction.

Within 21 days after an order of transfer is made, a sealed copy of the order of transfer shall be delivered by the Registrar—

If, when making an order of transfer, the judge commits an accused person to custody, the judge shall inform the accused person of his right to apply to a judge of the Court of First Instance for bail.

On making an order of transfer of proceedings to the Court of First Instance, the judge shall—

Where the judge has given the warning required by subsection (3)(b), the clerk of the Court shall give the accused person written notice of the provisions of section 65D of the Criminal Procedure Ordinance (Cap. 221).

If the accused person is not present in court on the making of an order of transfer of proceedings to the Court of First Instance the clerk of the Court shall forward to the accused person by registered post notice, in the English and Chinese languages, of the information and warning set out in subsection (3), together with written notice of the provisions of section 65D of the Criminal Procedure Ordinance (Cap. 221). (Added 13 of 1995 s. 50)

The written notices required by subsection (5) shall be sent to the accused person not less than 28 days before the date set for trial. (Added 13 of 1995 s. 50)

An application for an order under section 77A(1) may be made in relation to one or more accused persons or one or more charges or complaints in any proceedings.

Any reference to proceedings in sections 75, 77A (other than in subsection (9) thereof) and 77B shall be construed as being a reference to proceedings as respects the accused person to whom the order referred to in subsection (1) relates or, when appropriate, the charge or complaint to which it relates.

Subject to the provisions of this Ordinance and as may be prescribed, the procedure and practice for the time being in force in the Court of First Instance in relation to criminal proceedings therein shall, so far as the same may be applicable, be followed as nearly as may be in criminal proceedings in the Court; and where it is necessary for the purpose of rendering such procedure and practice conveniently applicable, “indictment” and “count” shall be understood to refer to “charge sheet” and “charge” respectively. (Amended 21 of 1962 s. 15; 25 of 1998 s. 2)

Notwithstanding the provisions of subsection (1), none of the provisions of the Criminal Procedure Ordinance (Cap. 221) in Part 1 of Schedule 2 particularized shall be applied to proceedings in the Court. (Amended 21 of 1962 s. 15)

The special provisions contained in Part 2 of Schedule 2 touching the procedure and practice of the Court in the exercise of its criminal jurisdiction shall be applied to criminal proceedings in the Court where the circumstances of such proceedings require their application. (Amended 21 of 1962 s. 15)

Where any provision of the Criminal Procedure Ordinance (Cap. 221) is applicable to criminal proceedings in the Court, such provision shall be read with such verbal alterations and modifications not affecting its substance as are necessary to render it conveniently applicable; and in particular, and without prejudice to the generality of the aforesaid, any such provision relating to a “jury” or a “verdict of a jury” shall be understood to refer to a judge and the functions of a judge as a judge of fact. (Amended 21 of 1962 s. 15; 63 of 1971 s. 13)

Nothing in this section shall be taken to authorize—

Where an accused person is a corporation, a plea in writing may be entered by its representative, and if either the corporation does not appear by a representative or, though it does so appear, fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.

The verdict and any sentence shall be delivered orally and be recorded in writing at the time of that delivery.

The reasons for the verdict must be delivered—

The reasons for any sentence must be delivered—

Reasons delivered orally under subsection (2) or (3) must be reduced to writing within 21 days after the hearing or the trial. (Added 20 of 2014 s. 6)

The reasons reduced to writing must be signed by the judge. (Added 20 of 2014 s. 6)

For reasons delivered in writing under subsection (2) or reasons reduced to writing under subsection (4), the Court must—

Where an accused person is convicted of an offence, the Court may, on the application of the person convicted and with the consent of the prosecution, in passing sentence on such person take into consideration any other offence of a similar nature which the convicted person admits having committed and which he desires the Court to deal with.

Under subsection (1) the Court may take into consideration any indictable offence not included in any of the categories specified in Part III of the Second Schedule to the Magistrates Ordinance (Cap. 227) and, notwithstanding the provisions of this or any other Ordinance, any offence triable summarily only.

Where the Court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or is at the same time sentenced to undergo, imprisonment for another offence, it shall be lawful for the Court to direct that such imprisonment shall commence at any time during or at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo as aforesaid. (Amended 21 of 1962 s. 13; 6 of 1990 s. 11)

Notwithstanding the provisions of any enactment in force at the commencement of this Ordinance and notwithstanding that proceedings have not been taken by way of indictment, the Court may impose any penalty and make any order provided by law for or in connexion with any offence of which it has cognizance: (Amended 21 of 1962 s. 13) Provided that—(a)no sentence of imprisonment passed by the Court shall exceed 7 years in respect of one offence and where 2 or more consecutive terms of imprisonment are imposed by the Court under subsection (1), the aggregate of the said terms of imprisonment shall not exceed 7 years; and (Amended 21 of 1962 s. 13; 43 of 1973 s. 2)(b)any term of imprisonment imposed in default of payment of a fine shall not exceed 1 year. (Amended 25 of 1972 s. 5)

Where the Court has authority to impose imprisonment for any offence, and has not authority to impose a fine therefor, the Court may, if it thinks fit, impose a fine in lieu of imprisonment: (Amended 21 of 1962 s. 13) Provided that—(a)no term of imprisonment imposed in default of payment of a fine shall exceed the term to which the offender would be liable for the offence of which he stands convicted; and (Amended 25 of 1972 s. 5)(b)no such term of imprisonment shall in any event exceed 1 year.

The Court may, where it imposes a term of imprisonment on a person in default of payment of a fine, order that it shall not begin to run until the expiration of any other term of imprisonment to which that person has been sentenced, and for this purpose the Court may make a direction under subsection (1) notwithstanding that the aggregate of the terms of imprisonment exceeds the maximum period of 7 years which the Court has power to impose under proviso (a) to subsection (2). (Added 25 of 1972 s. 5. Amended 43 of 1973 s. 2)

Where by any enactment the Court of First Instance is empowered to impose any punishment upon, or to do any other act or thing in relation to, a person who has been convicted on indictment of an offence, the Court shall, subject to the provisions of this section, have like powers in relation to a person convicted of such offence under the provisions of this Part. (Amended 21 of 1962 s. 13; 25 of 1998 s. 2)

(1 of 1953 s. 31 incorporated)