1958-HKRS30-8-48_Part01 — Page 15

Rescission

and replace- ment of Order XXII.

13. Order XXII of the principal rules is rescinded and replaced by the following-

Order mini,

etc. not to be made.

"ORDER XXIII.

Prerogative Orders, etc.

Orders of mandamus, prohibition and certiorari.

1. No order nisi, rule nisi or summons to show cause shall be made, granted, or issued in any pro- 0.59, z. 2. ceedings to which this Order relates.

Application for leave to apply for

7. (1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave mandamus, therefor has been granted in accordance with this rule.

etc.

0. 59,

r. 3(1).

0. 59. r. 3(2)

0. 69. r. 3(3).

0. 59. I. 3(4),

(2) An application for such leave as aforesaid shall be made ex parte to a judge in court or to the Full Court as the Chief Justice may direct, except in vacation when it may be made to a judge in chambers. and shall be accompanied by a statement setting oul the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on. The court or judge may, in granting leave, impose such terms as to costs and as to giving security as it or he thinks fit.

(3) The applicant shall give notice of the application for leave not later than the preceding day to the Registrar, and shall at the same time lodge with the Registrar copies of the statement and affidavits.

(4) The grant of leave under this rule to apply for an order of prohibition ar an order of certiorari, shall, if the court or a judge so directs, operate as a stay of the proceedings in question until the deter- mination of the application, or until the court or a judge otherwise orders.

Time for applying for mandarmus

to District Court. 0. 59, I. 4(1).

0. 50, c. 4(2).

Applica- tion for mandamus to be by notice of motion or SUMITUOUS. 0. 69, r. 5(1).

(34 of 1953).

3. (1) Leave shall not be granted to apply for an order of mandamus requirng a District Court to hear an appeal unless the application for leave is made within two months next following the date of the refusal to hear the same, or the delay is accounted for to the satisfaction of the court or judge to whom the application for leave is made.

(2) Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, conviction or other proceeding for the purpose of its being quashed, unless the application for leave is made not later than six months after the date of the proceedings or such shorter period as may be pre- scribed by any enactment; and where the proceeding is subject to appeal and the time is limited by law for the bringing of the appeal, the court or judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

4. (t) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made by a notice of motion to a judge in court or to the Full Court as directed by the Chief Justice pursuant to subsection (4) of section 2 of the Administration of Justice (Mis- cellaneous Provisions) Ordinance, 1953, except in vacation when the Chief Justice may direct that it be made by summons to a judge in chambers, and there shall unless the court or judge granting leave has otherwise directed, be at least eight clear days be- tween the service of the notice of motion or summons and the day named therein for the hearing.

(2) The notice or summons shall be served on all persons directly affected, and where it relates to any proceedings in or before a court, and the object is either to compel the court or an officer thereof to do any act in relation to the proceedings or to quash them or any order made therein, the notice of motion or summons shall be served on the clerk or Registrar

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