A 206
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 54 [1988 Ed.
(4) Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court.
(5) Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ; and Order 28, rule 8, shall apply as if the application had been made by summons.
Saving for person acting in obedience to mandamus (O. 53, r. 10)
10. No action or proceeding shall be begun or prosecuted against any person in respect of anything done in obedience to an order of mandamus.
Consolidation of applications (O. 53, r. 12)
12. Where there is more than one application pending under section 21K of the Ordinance against several persons in respect of the same office, and on the same grounds, the Court may order the applications to be consolidated.
Order made by judge may be set aside, etc. (O. 53, r. 13)
(HK) 13. An appeal shall lie, from an order of a judge granting or refusing an application for judicial review, to the Court of Appeal, which may set aside or confirm any such order or substitute such order as ought to have been made.
Meaning of "Court” (O. 53, r. 14)
14. In relation to the hearing by a judge of an application for leave under rule 3 or of an application for judicial review, any reference in this Order to "the Court" shall, unless the context otherwise requires, be construed as a reference to the judge.
ORDER 54
APPLICATIONS FOR WRIT OF HABEAS CORPUS
Application for writ of habeas corpus ad subjiciendum (O. 54, r. 1)
1. (1) An application for a writ of habeas corpus ad subjiciendum shall be made to a single judge in court, except that—
(b) at any time when no judge is sitting in court, it may be made to a judge otherwise than in court; and
A 206
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 54 [1988 Ed.
(4) Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quash- ing it, remit the matter to the court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court.
(5) Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ; and Order 28, rule 8, shall apply as if the application had been made by summons.
Saving for person acting in obedience to mandamus (O. 53, r. 10)
10. No action or proceeding shall be begun or prosecuted against any person in respect of anything done in obedience to an order of mandamus.
Consolidation of applications (O. 53, r. 12)
12. Where there is more than one application pending under section 21K of the Ordinance against several persons in respect of the same office, and on the same grounds, the Court may order the applications to be consolidated.
Order made by judge may be set aside, etc. (O. 53, r. 13)
(HK)13. An appeal shall lie, from an order of a judge granting or refusing an application for judicial review, to the Court of Appeal, which may set aside or confirm any such order or substitute such order as ought to have been made.
Meaning of "Court” (O. 53, r. 14)
14. In relation to the hearing by a judge of an application for leave under rule 3 or of an application for judicial review, any reference in this Order to "the Court" shall, unless the context otherwise requires, be construed as a reference to the judge.
ORDER 54
APPLICATIONS FOR WRIT OF HABEAS Corpus
Application for writ of habeas corpus ad subjiciendum (O. 54, r. 1)
1. (1) An application for a writ of habeas corpus ad subjicien- dum shall be made to a single judge in court, except that—
(b) at any time when no judge is sitting in court, it may be
made to a judge otherwise than in court; and
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