A 214
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 59 [1988 Ed.
Time for appealing (O. 59, r. 4)
(HK)4. (1) Except as otherwise provided by these rules, every notice of appeal must be served under rule 3(5) within the following period (calculated from the date on which the judgment or order of the court below was sealed or otherwise perfected), that is to say-
(a) in the case of an appeal from an interlocutory order (not being such an order as is mentioned in sub-paragraph (b)) and in the case of an appeal from a judgment or order given or made under Order 14 or Order 86, 14 days;
(b) in the case of an appeal from an order or decision made or given in the matter of the winding up of a company, or in the matter of any bankruptcy, 21 days;
(c) in any other case, 6 weeks.
(3) Where leave to appeal is granted by the Court of Appeal upon an application made within the time limited for serving notice of appeal under paragraph (1), a notice of appeal may, instead of being served within that time, be served within 7 days after the date when leave is granted.
Setting down appeal (O. 59, r. 5)
5. (1) Within 7 days after the later of (i) the date on which service of the notice of appeal was effected, or (ii) the date on which the judgment or order of the Court below was sealed or otherwise perfected, the appellant must lodge with the Registrar-
(a) a copy of the said judgment or order, and
(b) two copies of the notice of appeal, one of which shall be indorsed with the amount of the fee paid, and the other indorsed with a certificate of the date of service of the notice.
(2) Upon the said documents being left, the Registrar shall file one copy of the notice of appeal and cause the appeal to be set down in the list of appeals; and the appeal shall come on to be heard according to its order in that list unless the Court of Appeal or a judge of that Court otherwise orders.
(4) Within 4 days after an appeal has been set down, the appellant must give notice to that effect to all parties on whom the notice of appeal was served.
Respondent's notice (O. 59, r. 6)
6. (1) A respondent who, having been served with a notice of appeal, desires----
(a) to contend on the appeal that the decision of the court below should be varied, either in any event or in the event of the appeal being allowed in whole or in part, or
(b) to contend that the decision of the court below should be affirmed on grounds other than those relied upon by that court, or