1964_RULES_OF_THE_SUPREME_COURT — Page 199

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court Order 52

[CAP. 4

Application of rules as to appointment of receiver, etc. (O. 51, r. 3)

3. An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose.

ORDER 52

COMMITTAL

Committal for contempt of court (O. 52, r. 1)

1. The power of the Court or of the Court of Appeal to punish for contempt of court may be exercised by an order of committal made by a single Judge or by a single justice of appeal.

(HK) Grant of leave to apply for committal (O. 52, r. 2)

(HK)2. (1) No application for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.

(2) An application for such leave must be made ex parte to a judge, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

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

(HK)(4) The judge may determine the application for leave without a hearing, unless a hearing is requested in the notice of application, and need not sit in open court; and in any case the Registrar shall serve a copy of the judge's order on the applicant.

(HK)(5) Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal within 10 days after such order.

(HK)(6) Without prejudice to the powers conferred by Order 20, rule 8, the judge hearing an application for leave may allow the applicant's statement to be amended on such terms, if any, as the judge thinks fit.

(HK)(7) If the judge grants leave he may impose such terms as to costs and as to giving of security as he thinks fit.

Application for order after leave to apply granted (O. 52, r. 3)

3. (1) When leave has been granted to make an application for an order of committal, the application shall be made by

A 199

[Subsidiary]

App. A. Forms 82,

83.

App. A. Form 85.

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1988 Ed.] The Rules of the Supreme Court Order 52 [CAP. 4 Application of rules as to appointment of receiver, etc. (O. 51, r. 3) 3. An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose. ORDER 52 COMMITTAL Committal for contempt of court (O. 52, r. 1) 1. The power of the Court or of the Court of Appeal to punish for contempt of court may be exercised by an order of committal made by a single Judge or by a single justice of appeal. (HK) Grant of leave to apply for committal (O. 52, r. 2) (HK)2. (1) No application for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule. (2) An application for such leave must be made ex parte to a judge, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on. (3) The applicant must give notice of the application for leave not later than the preceding day to the Registrar and must at the same time lodge with the Registrar copies of the statement and affidavit. (HK)(4) The judge may determine the application for leave without a hearing, unless a hearing is requested in the notice of application, and need not sit in open court; and in any case the Registrar shall serve a copy of the judge's order on the applicant. (HK)(5) Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal within 10 days after such order. (HK)(6) Without prejudice to the powers conferred by Order 20, rule 8, the judge hearing an application for leave may allow the applicant's statement to be amended on such terms, if any, as the judge thinks fit. (HK)(7) If the judge grants leave he may impose such terms as to costs and as to giving of security as he thinks fit. Application for order after leave to apply granted (O. 52, r. 3) 3. (1) When leave has been granted to make an application for an order of committal, the application shall be made by A 199 [Subsidiary] App. A. Forms 82, 83. App. A. Form 85.

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1988 Ed.] The Rules of the Supreme Court Order 52 [CAP. 4 Application of rules as to appointment of receiver, etc. (O. 51, r. 3) 3. An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose. ORDER 52 COMMITTAL Committal for contempt of court (O. 52, r. 1) 1. The power of the Court or of the Court of Appeal to punish for contempt of court may be exercised by an order of committal made by a single Judge or by a single justice of appeal. (HK) Grant of leave to apply for committal (0, 52, r. 2) (HK)2. (1) No application for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule. (2) An application for such leave must be made ex parte to a judge, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on. (3) The applicant must give notice of the application for leave not later than the preceding day to the Registrar and must at the same time lodge with the Registrar copies of the statement and affidavit. (HK)(4) The judge may determine the application for leave without a hearing, unless a hearing is requested in the notice of application, and need not sit in open court; and in any case the Registrar shall serve a copy of the judge's order on the applicant. (HK)(5) Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal within 10 days after such order. (HK)(6) Without prejudice to the powers conferred by Order 20, rule 8, the judge hearing an application for leave may allow the applicant's statement to be amended on such terms, if any, as the judge thinks fit. (HK)(7) If the judge grants leave he may impose such terms as to costs and as to giving of security as he thinks fit. Application for order after leave to apply granted (O. 52, r. 3) 3. (1) When leave has been granted to make an application for an order of committal, the application shall be made by A 199 [Subsidiary] App. A. Forms 82, 83. App. A. Form 85.

2026-05-05 10:22:51 · Baseline

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