A 220
CAP. 4]
[Subsidiary]
(Cap. 341.)
The Rules of the Supreme Court Order 59 [1988 Ed.
ex parte must be made by summons and such summons must be served on the party or parties affected at least 2 clear days before the day on which it is heard or, in the case of an application which is made after the expiration of the time for appealing, at least 7 days before the day on which the summons is heard.
2) Unless otherwise directed, any application to the Court of Appeal for leave to appeal (other than an application made after the expiration of the time for appealing) must be made ex parte in the first instance, but unless the application is then dismissed or the Court thinks fit to adjourn the application and give directions for the service of notice thereof on the party or parties affected, the Court shall grant the application.
(24)
(3) Where an ex parte application has been refused by the court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.
(4) Wherever under these rules an application may be made either to the court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the court below.
(5) Where an application is made to the Court of Appeal with regard to arbitration proceedings before a judge-arbitrator or judge-umpire which would, in the case of an ordinary arbitrator or umpire, be made to the High Court, the provisions of Order 73, rule 5, shall apply as if, for the words "the Court", wherever they appear in that rule, there were substituted the words "the Court of Appeal” and as if, for the words "arbitrator” and “umpire”, there were substituted the words "judge-arbitrator” and “judge-umpire” respectively.
(6) Where an application is made to the Court of Appeal under section 23(5) of the Arbitration Ordinance (including any application for leave), notice thereof must be served on the judge-arbitrator or judge-umpire and on any other party to the reference. (HK)(6A) In this rule “judge-arbitrator" and "judge-umpire” mean a judge appointed as sole arbitrator or, as the case may be, as umpire by or by virtue of an arbitration agreement.
(7) An application, not being an application for leave to appeal, which may be heard by a single judge, shall, unless otherwise directed, be heard in chambers.
(8) An application which may under the provisions of this Order be heard by the Registrar shall be heard in chambers.
(9) The Registrar may refer to a single judge any matter which he thinks should properly be decided by a single judge, and, following such reference, the judge may either dispose of the matter or refer it back to the Registrar with such direction as the single judge thinks fit.
(10) A single judge may refer to the Court of Appeal any matter which he thinks should properly be decided by that Court, and,
Page 220
Page 221
A 220
CAP. 4]
[Subsidiary]
(Cap. 341.)
The Rules of the Supreme Court Order 59 [1988 Ed.
ex parte must be made by summons and such summons must be served on the party or parties affected at least 2 clear days before the day on which it is heard or, in the case of an application which is made after the expiration of the time for appealing, at least 7 days before the day on which the summons is heard.
2) Unless otherwise directed, any application to the Court of Appeal for leave to appeal (other than an application made after the expiration of the time for appealing) must be made ex parte in the first instance, but unless the application is then dismissed or the Court thinks fit to adjourn the application and give directions for the service of note thereof on the party or parties affected, the Court shall grant the application.
(24)
(3) Where an ex parte application has been refused by the court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.
(4) Wherever under these rules an application may be made either to the court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the court below.
(5) Where an application is made to the Court of Appeal with regard to arbitration proceedings before a judge-arbitrator or judge- umpire which would, in the case of an ordinary arbitrator or umpire, be made to the High Court, the provisions of Order 73, rule 5, shall apply as if, for the words "the Court", wherever they appear in that rule, there were substituted the words "the Court of Appeal” and as if, for the words "arbitrator” and “umpire”, there were substituted the words "judge-arbitrator” and “judge-umpire” respectively.
(6) Where an application is made to the Court of Appeal under section 23(5) of the Arbitration Ordinance (including any application for leave), notice thereof must be served on the judge- arbitrator or judge-umpire and on any other party to the reference. (HK)(6A) In this rule “judge-arbitrator" and "judge-umpire” mean a judge appointed as sole arbitrator or, as the case may be, as umpire by or by vrtue of an arbitration agreement.
(7) An application, not being an application for leave to appeal, which may be heard by a single judge, shall, unless otherwise directed, be heard in chambers.
(8) An application which may under the provisions of this Order be heard by the Registrar shall be heard in chambers.
(9) The Registrar may refer to a single judge any matter which he thinks should properly be decided by a single judge, and, following such reference, the judge may either dispose of the matter or refer it back to the Registrar with such direction as the single judge thinks fit.
(10) A single judge may refer to the Court of Appeal any matter which he thinks should properly be decided by that Court, and,
Page 220Page 221
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