1964_RULES_OF_THE_SUPREME_COURT — Page 160

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A 160

[Subsidiary]

CAP, 4] The Rules of the Supreme Court Order 42 [1988 Ed.

(5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability.

Reasons for judgment or order (O. 42, r. 5B)

(HK)5B. (1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed.

(2) Where the judgment or order is not pronounced on the day on which the hearing is concluded or where a decision is pronounced but it is announced in accordance with paragraph (1) that reasons therefor will be given at a later date, the Court may state that the judgment or order or the judgment or order and the reasons therefor, as the case may be, will be recorded in writing.

(3) Where a date has been fixed for delivery of a written decision or of written reasons notice shall be given to the parties, but it shall not be necessary for them to appear by counsel or in person.

(4) Where it has been announced that a judgment or order and reasons therefor or the reasons for a judgment or order previously pronounced will be recorded in writing, the Court may on the date fixed, instead of reading in full the judgment or order and reasons therefor or the reasons, as the case may be, supply copies thereof in accordance with paragraph (5). Thereupon any judgment or order contained in the writing shall be deemed to have been pronounced for the purposes of rule 3.

(5) Where the judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall-

(a) hand down a copy thereof for each of the parties and endorse the record accordingly;

(b) lodge a copy thereof in the Supreme Court Library; and

(c) make a copy thereof available for public inspection in the Registry.

(6) Where a written decision is given pursuant to this rule the Court may make therein an order nisi as to costs and, unless an application has been made to vary that order, that order shall become absolute 14 days after the decision is pronounced.

(7) Where a court consisting of more than one judge sits to deliver pursuant to this rule a decision and reasons for a decision previously pronounced, it shall be sufficient if at least one of the judges who conducted the hearing is present.

(8) Nothing in this rule shall affect the provisions of Order 63, rule 4.

Page 160
Page 161

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A 160 [Subsidiary] CAP, 4] The Rules of the Supreme Court Order 42 [1988 Ed. (5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability. Reasons for judgment or order (O. 42, r. 5B) (HK)5B. (1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed. (2) Where the judgment or order is not pronounced on the day on which the hearing is concluded or where a decision is pronounced but it is announced in accordance with paragraph (1) that reasons therefor will be given at a later date, the Court may state that the judgment or order or the judgment or order and the reasons therefor, as the case may be, will be recorded in writing. (3) Where a date has been fixed for delivery of a written decision or of written reasons notice shall be given to the parties, but it shall not be necessary for them to appear by counsel or in person. (4) Where it has been announced that a judgment or order and reasons therefor or the reasons for a judgment or order previously pronounced will be recorded in writing, the Court may on the date fixed, instead of reading in full the judgment or order and reasons therefor or the reasons, as the case may be, supply copies thereof in accordance with paragraph (5). Thereupon any judgment or order contained in the writing shall be deemed to have been pronounced for the purposes of rule 3. (5) Where the judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall- (a) hand down a copy thereof for each of the parties and endorse the record accordingly; (b) lodge a copy thereof in the Supreme Court Library; and (c) make a copy thereof available for public inspection in the Registry. (6) Where a written decision is given pursuant to this rule the Court may make therein an order nisi as to costs and, unless an application has been made to vary that order, that order shall become absolute 14 days after the decision is pronounced. (7) Where a court consisting of more than one judge sits to deliver pursuant to this rule a decision and reasons for a decision previously pronounced, it shall be sufficient if at least one of the judges who conducted the hearing is present. (8) Nothing in this rule shall affect the provisions of Order 63, rule 4. Page 160Page 161
Baseline (Original)
A 160 [Subsidiary] CAP, 4] The Rules of the Supreme Court Order 42 [1988 Ed. (5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability. Reasons for judgment or order (O. 42, r. 5B) (HK)5B. (1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed. (2) Where the judgment or order is not pronounced on the day on which the hearing is concluded or where a decision is pronounced but it is announced in accordance with paragraph (1) that reasons therefor will be given at a later date, the Court may state that the judgment or order or the judgment or order and the reasons therefor, as the case may be, will be recorded in writing. (3) Where a date has been fixed for delivery of a written decision or of written reasons notice shall be given to the parties, but it shall not be necessary for them to appear by counsel or in person. (4) Where it has been announced that a judgment or order and reasons therefor or the reasons for a judgment or order previously pronounced will be recorded in writing, the Court may on the date fixed, instead of reading in full the judgment or order and reasons therefor or the reasons, as the case may be, supply copies thereof in accordance with paragraph (5). Thereupon any judgment or order contained in the writing shall be deemed to have been pronounced for the purposes of rule 3. (5) Where the judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall- (a) hand down a copy thereof for each of the parties and endorse the record accordingly; (b) lodge a copy thereof in the Supreme Court Library; and (c) make a copy thereof available for public inspection in the Registry. (6) Where a written decision is given pursuant to this rule the Court may make therein an order nisi as to costs and, unless an application has been made to vary that order, that order shall become absolute 14 days after the decision is pronounced. (7) Where a court consisting of more than one judge sits to deliver pursuant to this rule a decision and reasons for a decision previously pronounced, it shall be sufficient if at least one of the judges who conducted the hearing is present. (8) Nothing in this rule shall affect the provisions of Order 63, rule 4. Page 160Page 161
2026-05-05 10:18:23 · Baseline
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A 160

[Subsidiary]

CAP, 4] The Rules of the Supreme Court Order 42 [1988 Ed.

(5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability.

Reasons for judgment or order (O. 42, r. 5B)

(HK)5B. (1) A Court shall give the reasons for any decision either at the time the judgment or order is pronounced or, where it is at that time announced that the reasons will be given at a later date, at such later date as may be fixed.

(2) Where the judgment or order is not pronounced on the day on which the hearing is concluded or where a decision is pronounced but it is announced in accordance with paragraph (1) that reasons therefor will be given at a later date, the Court may state that the judgment or order or the judgment or order and the reasons therefor, as the case may be, will be recorded in writing.

(3) Where a date has been fixed for delivery of a written decision or of written reasons notice shall be given to the parties, but it shall not be necessary for them to appear by counsel or in person.

(4) Where it has been announced that a judgment or order and reasons therefor or the reasons for a judgment or order previously pronounced will be recorded in writing, the Court may on the date fixed, instead of reading in full the judgment or order and reasons therefor or the reasons, as the case may be, supply copies thereof in accordance with paragraph (5). Thereupon any judgment or order contained in the writing shall be deemed to have been pronounced for the purposes of rule 3.

(5) Where the judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall-

(a) hand down a copy thereof for each of the parties and

endorse the record accordingly;

(b) lodge a copy thereof in the Supreme Court Library; and

(c) make a copy thereof available for public inspection in the

Registry.

(6) Where a written decision is given pursuant to this rule the Court may make therein an order nisi as to costs and, unless an application has been made to vary that order, that order shall become absolute 14 days after the decision is pronounced.

(7) Where a court consisting of more than one judge sits to deliver pursuant to this rule a decision and reasons for a decision previously pronounced, it shall be sufficient if at least one of the judges who conducted the hearing is present.

(8) Nothing in this rule shall affect the provisions of Order 63, rule 4.

Page 160Page 161

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