1964_RULES_OF_THE_SUPREME_COURT — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 8

Ex parte originating summonses (O. 7, r. 7)

[CAP. 4

A 17

7. (1) Rules 2(1), 3(1), and 5(1) shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses.

(2) Order 6, rule 7(3) and (5), shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ.

[Subsidiary]

ORDER 8

ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS

Application (O. 8, r. 1)

1. The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any written law.

Notice of motion (O. 8, r. 2)

2. (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside.

(2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion.

Form and issue of notice of motion (O. 8, r. 3)

3. (1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice.

(2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required.

(3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ.

(4) The notice of an originating motion by which proceedings are begun must be issued out of the Registry.

App. A. Forms 13,

Edit History

2026-05-05 10:01:27 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

1988 Ed.] The Rules of the Supreme Court-Order 8 Ex parte originating summonses (O. 7, r. 7) [CAP. 4 A 17 7. (1) Rules 2(1), 3(1), and 5(1) shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. (2) Order 6, rule 7(3) and (5), shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ. [Subsidiary] ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS Application (O. 8, r. 1) 1. The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any written law. Notice of motion (O. 8, r. 2) 2. (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside. (2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion. Form and issue of notice of motion (O. 8, r. 3) 3. (1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ. (4) The notice of an originating motion by which proceedings are begun must be issued out of the Registry. App. A. Forms 13,

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court-Order 8 Ex parte originating summonses (0. 7, r. 7) [CAP. 4 A 17 7. (1) Rules 2(1), 3(1), and 5(1) shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. (2) Order 6, rule 7(3) and (5), shall, with the necessary modifi- cations, apply in relation to an ex parte originating summons as they apply in relation to a writ. [Subsidiary] ORDER 8 ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS Application (O. 8, r. 1) 1. The provisions of this Order apply to all motions subject, in the case of originating motions of any particular class, to any special provisions relating to motions of that class made by these rules or by or under any written law. Notice of motion (O. 8, r. 2) 2. (1) Except where an application by motion may properly be made ex parte, no motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make an order ex parte on such terms as to costs or otherwise, and subject to such undertaking, if any, as it thinks just; and any party affected by such order may apply to the Court to set it aside. (2) Unless the Court gives leave to the contrary, there must be at least 2 clear days between the service of notice of a motion and the day named in the notice for hearing the motion. Form and issue of notice of motion (O. 8, r. 3) 3. (1) The notice of an originating motion must be in Form No. 13 in Appendix A and the notice of any other motion in Form No. 38 in that Appendix. Where leave has been given under rule 2(2) to serve short notice of motion, that fact must be stated in the notice. (2) The notice of a motion must include a concise statement of the nature of the claim made or the relief or remedy required. (3) Order 6, rule 5, shall, with the necessary modifications, apply in relation to notice of an originating motion as it applies in relation to a writ. (4) The notice of an originating motion by which proceedings are begun must be issued out of the Registry. App. A. Forms 13,

2026-05-05 10:01:27 · Baseline

View content

1988 Ed.] The Rules of the Supreme Court-Order 8

Ex parte originating summonses (0. 7, r. 7)

[CAP. 4

A 17

summonses.

(2) Order 6, rule 7(3) and (5), shall, with the necessary modifi- cations, apply in relation to an ex parte originating summons as they apply in relation to a writ.