1964_RULES_OF_THE_SUPREME_COURT — Page 225

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court--Order 62

Proceedings on case stated (O. 61, r. 3)

[CAP. 4

A 225

[Subsidiary]

3. (1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 21 days after receiving the case-

(a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice setting out his contentions on the question of law, and

(b) serve a copy of the notice on the clerk or registrar of the

tribunal.

(2) Within 2 days after service of the notice, the said party must lodge the case and two copies of the notice with the Registrar who shall enter the case in the list of appeals, and the case shall not be heard until after the expiration of 21 days from the date of entry.

(3) Where any enactment under which the case is stated provides that a government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that department and on the Attorney General.

(4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment.

(5) Order 59, rule 10, shall, so far as applicable, apply in relation to a case stated by a tribunal to which this Order applies.

(6) The Registrar shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon.

COSTS

ORDER 62

COSTS

Interpretation (O. 62, r. 1)

PRELIMINARY

1. (1) In this Order-

"certificate" includes allocatur;

(HK) "contentious business" means business done, whether as a solicitor or advocate, in or for the purpose of proceedings begun before the Court or before an arbitrator appointed under the Arbitration Ordinance not being common form probate business;

"costs" include fees, charges, disbursements, expenses and remuneration;

(Cap. 341.)

Page 226

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1988 Ed.] The Rules of the Supreme Court--Order 62 Proceedings on case stated (O. 61, r. 3) [CAP. 4 A 225 [Subsidiary] 3. (1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 21 days after receiving the case- (a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice setting out his contentions on the question of law, and (b) serve a copy of the notice on the clerk or registrar of the tribunal. (2) Within 2 days after service of the notice, the said party must lodge the case and two copies of the notice with the Registrar who shall enter the case in the list of appeals, and the case shall not be heard until after the expiration of 21 days from the date of entry. (3) Where any enactment under which the case is stated provides that a government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that department and on the Attorney General. (4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment. (5) Order 59, rule 10, shall, so far as applicable, apply in relation to a case stated by a tribunal to which this Order applies. (6) The Registrar shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon. COSTS ORDER 62 COSTS Interpretation (O. 62, r. 1) PRELIMINARY 1. (1) In this Order- "certificate" includes allocatur; (HK) "contentious business" means business done, whether as a solicitor or advocate, in or for the purpose of proceedings begun before the Court or before an arbitrator appointed under the Arbitration Ordinance not being common form probate business; "costs" include fees, charges, disbursements, expenses and remuneration; (Cap. 341.) Page 226
Baseline (Original)
1988 Ed.] The Rules of the Supreme Court--Order 62 Proceedings on case stated (O. 61, r. 3) [CAP. 4 A 225 [Subsidiary] 3. (1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 21 days after receiving the case- (a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice setting out his contentions on the question of law, and (b) serve a copy of the notice on the clerk or registrar of the tribunal. (2) Within 2 days after service of the notice, the said party must lodge the case and two copies of the notice with the Registrar who shall enter the case in the list of appeals, and the case shall not be heard until after the expiration of 21 days from the date of entry. (3) Where any enactment under which the case is stated provides that a government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that depart- ment and on the Attorney General. (4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment. (5) Order 59, rule 10, shall, so far as applicable, apply in relation to a case stated by a tribunal to which this Order applies. (6) The Registrar shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon. COSTS ORDER 62 COSTS Interpretation (0, 62, r, 1) PRELIMINARY 1. (1) In this Order- "certificate" includes allocatur; (HK)"contentious business" means business done, whether as a solicitor or advocate, in or for the purpose of proceedings begun before the Court or before an arbitrator appointed under the Arbitration Ordinance not being common form probate business; "costs" include fees, charges, disbursements, expenses and remu- neration; (Cap. 341.) jPage 226
2026-05-05 10:25:52 · Baseline
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1988 Ed.] The Rules of the Supreme Court--Order 62

Proceedings on case stated (O. 61, r. 3)

[CAP. 4

A 225

[Subsidiary]

3. (1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 21 days after receiving the case-

(a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice setting out his contentions on the question of law, and

(b) serve a copy of the notice on the clerk or registrar of the

tribunal.

(2) Within 2 days after service of the notice, the said party must lodge the case and two copies of the notice with the Registrar who shall enter the case in the list of appeals, and the case shall not be heard until after the expiration of 21 days from the date of entry.

(3) Where any enactment under which the case is stated provides that a government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that depart- ment and on the Attorney General.

(4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment.

(5) Order 59, rule 10, shall, so far as applicable, apply in relation to a case stated by a tribunal to which this Order applies.

(6) The Registrar shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon.

COSTS

ORDER 62

COSTS

Interpretation (0, 62, r, 1)

PRELIMINARY

1. (1) In this Order-

"certificate" includes allocatur;

(HK)"contentious business" means business done, whether as a solicitor or advocate, in or for the purpose of proceedings begun before the Court or before an arbitrator appointed under the Arbitration Ordinance not being common form probate business;

"costs" include fees, charges, disbursements, expenses and remu-

neration;

(Cap. 341.)

jPage 226

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