To provide for the adjournment of judicial proceedings during a gale warning or a rainstorm warning and for matters incidental thereto or connected therewith.
(Amended 41 of 1993 s. 2)
(Format changes—E.R. 4 of 2017)
[4 July 1969]
This Ordinance may be cited as the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance.
In this Ordinance, unless the context otherwise requires—
adjourned hearing (經延期的聆訊) means the resumed hearing of any judicial proceedings adjourned by or under this Ordinance; Director (台長) means the Director of the Hong Kong Observatory; (Amended 41 of 1993 s. 3; L.N. 362 of 1997; 39 of 1999 s. 3) gale warning (烈風警告) means a warning of the occurrence of a tropical cyclone in, or in the vicinity of, Hong Kong by the use of any of the tropical cyclone warning signals referred to in section 5(1)(a)(i); (Replaced 85 of 1978 s. 2. Amended 41 of 1993 s. 3) judicial proceedings (司法程序) means any proceedings before a court, tribunal, commission or other person having by law power to receive evidence on oath; period of adjournment (延期期間) means a period during which any judicial proceedings are adjourned by section 3 or 6; rainstorm warning (暴雨警告) means a warning of a heavy rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm warning signal referred to in section 5(1)(a)(ii); (Added 41 of 1993 s. 3. Amended 21 of 1999 s. 2) tropical cyclone (熱帶氣旋) means a tropical depression, a tropical storm, a severe tropical storm and a typhoon; (Amended 18 of 2016 s. 11) working day (工作日) means a day that is neither a Saturday nor a public holiday. (Added 18 of 2016 s. 11)All judicial proceedings, part-heard or otherwise, which are set down for hearing or are being conducted at a time which falls within the duration of a gale warning or a rainstorm warning shall stand and remain adjourned until resumed in accordance with section 4.
Notwithstanding the provisions of subsection (1) any judicial proceedings may be continued during a gale warning or a rainstorm warning and if so continued shall have full effect in law.
(Amended 41 of 1993 s. 4)
Any judicial proceedings adjourned by virtue of section 3 shall be resumed on the next working day after the day on which the gale warning or rainstorm warning ceases at the time and place specified for such proceedings on the date of such adjournment under section 3.
(Amended 41 of 1993 s. 5; 18 of 2016 s. 12)
For the purposes of this Ordinance—
a gale warning shall commence when the Director issues from the Hong Kong Observatory a report to the effect that any of the tropical cyclone warning signals commonly referred to as No. 8NW, 8SW, 8NE, 8SE, 9 or 10 is in force; and
a rainstorm warning shall commence when the Director issues from the Hong Kong Observatory a report to the effect that the heavy rainstorm warning signal commonly referred to as Black is in force; and (Amended 21 of 1999 s. 3)
the gale warning or rainstorm warning as the case may be shall cease when the Director issues from the Hong Kong Observatory a report to the effect that none of the signals mentioned in paragraph (a) remains in force. (Replaced 41 of 1993 s. 6. Amended L.N. 362 of 1997)
As soon as practicable after a gale warning or a rainstorm warning ceases the Director shall by notice in the Gazette declare the times at which and the days on which the gale warning or rainstorm warning commenced and ceased. (Amended 41 of 1993 s. 6)
Notwithstanding sections 3 and 4, the Chief Justice may by order provide for—
the adjournment of any judicial proceedings; and
the resumption of any judicial proceedings adjourned under paragraph (a) or by virtue of section 3,
if, in his opinion, it is expedient to do so, by reason of a tropical cyclone, a heavy rainstorm or any circumstances arising therefrom, including its passing. (Amended 41 of 1993 s. 7)
Any order made under subsection (1) shall be published in the Gazette as soon as practicable after the making thereof and, in the case of an order for resumption, shall specify the day and the time when the adjourned proceedings shall be resumed.
(Replaced 37 of 1972 s. 3)
Any person who—
being a prosecutor or witness, is bound over, by recognizance or otherwise, to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment;
being a defendant or an accused, is admitted to bail or is otherwise required to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment,
shall attend the adjourned hearing.
Any person who is remanded in custody and is required to be produced before a court for purposes of any judicial proceedings on a day and at a time which falls within a period of adjournment shall be produced before the court at the adjourned hearing.
Where a person is discharged under section 52(1) of the Police Force Ordinance (Cap. 232) upon his entering into a recognizance, with or without sureties, to appear before a magistrate or to surrender for service of a warrant of arrest and detention or for discharge at the time named in the recognizance and such time falls within the duration of a gale warning or a rainstorm warning the time shall be deemed to be extended until the same time on the next working day after the day on which the gale warning or rainstorm warning ceases. (Amended 18 of 2016 s. 13)
Where any person is detained in custody under section 52(1) of the Police Force Ordinance (Cap. 232) during a gale warning or a rainstorm warning and it is not practicable to produce the person before a magistrate within the time limit prescribed in that section, he shall be produced before a magistrate on the next day, which is not a public holiday, after the day on which the gale warning or rainstorm warning ceases. (Amended 31 of 2025 s. 84)
(Amended 41 of 1993 s. 8)
Any person who is required by a summons or other court process or otherwise to attend any judicial proceedings on a day and at a time which falls within a period of adjournment shall attend the adjourned hearing.
Any person who is required by a subpoena or otherwise to produce any document or other thing at any judicial proceedings on a day and at a time which falls within a period of adjournment shall produce the document or other thing at the adjourned hearing.
(Repealed 43 of 1983 s. 3)
A person who fails to comply with any of the provisions of section 7, 8 or 9 shall not incur any penalty for such default unless the default is wilful.