A 200
[Subsidiary]
(Cap. 136.)
CAP. 4] The Rules of the Supreme Court-Order 52 [1988 Ed.
originating motion to a judge and unless the Court granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.
(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.
(3) The notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.
(4) Without prejudice to the powers of the Court under Order 65, rule 4, the Court may dispense with service of the notice of motion under this rule if it thinks it just to do so.
Saving for power to commit without application for purpose (O. 52, r. 5)
5. Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or the Court of Appeal to make an order of committal of its own motion against a person guilty of contempt of court.
Provisions as to hearing (O. 52, r. 6)
6. (1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say-
(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;
(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Ordinance;
(c) where the application arises out of proceedings in which a secret process, discovery or invention was in issue; (d) where it appears to the Court that in the interests of the administration of justice or for reasons affecting the security of Hong Kong the application should be heard in private;
but, except as aforesaid, the application shall be heard in open court.
(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open court state-
(a) the name of that person,
(b) in general terms the nature of the contempt of court in respect of which the order of committal is being made, and
Page 200
Page 201
A 200
[Subsidiary]
(Cap. 136.)
CAP. 4] The Rules of the Supreme Court-Order 52 [1988 Ed.
originating motion to a judge and unless the Court granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.
(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.
(3) The notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.
(4) Without prejudice to the powers of the Court under Order 65, rule 4, the Court may dispense with service of the notice of motion under this rule if it thinks it just to do so.
Saving for power to commit without application for purpose (O. 52,
r. 5)
5. Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or the Court of Appeal to make an order of committal of its own motion against a person guilty of contempt of court.
Provisions as to hearing (O. 52, r. 6)
6. (1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say-
(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;
(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Ordinance;
(c) where the application arises out of proceedings in which
a secret process, discovery or invention was in issue; (d) where it appears to the Court that in the interests of the administration of justice or for reasons affecting the security of Hong Kong the application should be heard in private;
but, except as aforesaid, the application shall be heard in open court.
(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open court state-
(a) the name of that person,
(b) in general terms the nature of the contempt of court in respect of which the order of committal is being made, and
Page 200Page 201
No comments yet.
Private notes are available after approval.