1988 Ed.] The Rules of the Supreme Court Order 54
[CAP. 4
(c) any application on behalf of a minor must be made in the
first instance to a judge otherwise than in court.
(2) An application for such writ may be made ex parte and, subject to paragraph (3), must be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.
(3) Where the person restrained is unable for any reason to make the affidavit required by paragraph (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and for what reason.
Power of Court to whom ex parte application made (O. 54, r. 2)
2. (1) The judge to whom an application under rule 1 is made ex parte may make an order forthwith for the writ to issue, or may---
(a) where the application is made otherwise than in court, direct that an originating summons for the writ be issued, or that an application therefor be made by originating motion to a judge in court;
(b) where the application is made to a judge in court, adjourn the application so that notice thereof may be given, or direct that an application be made by originating motion. (2) The summons or notice of the motion must be served on the person against whom the issue of the writ is sought and on such other persons as the judge may direct, and, unless the judge otherwise directs, there must be at least 8 clear days between the service of the summons or notice and the date named therein for the hearing of the application.
Copies of affidavits to be supplied (O. 54, r. 3)
3. Every party to an application under rule 1 must supply to every other party on demand copies of the affidavits which he proposes to use at the hearing of the application.
Power to order release of person restrained (O. 54, r. 4)
4. Without prejudice to rule 2(1), the judge hearing an application for a writ of habeas corpus ad subjiciendum may in his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any superintendent of a prison, constable or other person for the release of the person under restraint.
Directions as to return to writ (O. 54, r. 5)
5. Where a writ of habeas corpus ad subjiciendum is ordered to issue, the judge by whom the order is made shall give directions as to the judge before whom, and the date on which, the writ is returnable.
A 207
1
[Subsidiary]
App. A. Forms 87, 88.
1988 Ed.] The Rules of the Supreme Court Order 54
[CAP. 4
(c) any application on behalf of a minor must be made in the
first instance to a judge otherwise than in court.
(2) An application for such writ may be made ex parte and, subject to paragraph (3), must be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.
(3) Where the person restrained is unable for any reason to make the affidavit required by paragraph (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and for what reason.
Power of Court to whom ex parte application made (O. 54, r. 2)
2. (1) The judge to whom an application under rule 1 is made ex parte may make an order forthwith for the writ to issue, or may---
(a) where the application is made otherwise than in court, direct that an originating summons for the writ be issued, or that an application therefor be made by originating motion to a judge in court;
(b) where the application is made to a judge in court, adjourn the application so that notice thereof may be given, or direct that an application be made by originating motion. (2) The summons or notice of the motion must be served on the person against whom the issue of the writ is sought and on such other persons as the judge may direct, and, unless the judge otherwise directs, there must be at least 8 clear days between the service of the summons or notice and the date named therein for the hearing of the application.
Copies of affidavits to be supplied (O. 54, r. 3)
3.
Every party to an application under rule I must supply to every other party on demand copies of the affidavits which he proposes to use at the hearing of the application.
Power to order release of person restrained (O. 54, r. 4)
4. Without prejudice to rule 2(1), the judge hearing an application for a writ of habeas corpus ad subjiciendum may in his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any superintendent of a prison, constable or other person for the release of the person under restraint.
Directions as to return to writ (0. 54, r. 5)
5.
Where a writ of habeas corpus ad subjiciendum is ordered to issue, the judge by whom the order is made shall give directions as to the judge before whom, and the date on which, the writ is returnable.
A 207
1
[Subsidiary]
App. A. Forms 87, 88.
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