A 276
[Subsidiary]
(Cap. 341)
CAP. 4 The Rules of the Supreme Court Order 73 [1988 Ed.
Provided that, where reasons material to the appeal are given on a date subsequent to the publication of the award, the period of 21 days shall run from the date on which the reasons are given.
(3) An application, under section 23A(1) of the Arbitration Ordinance, to determine any question of law arising in the course of a reference, must be made, and notice thereof served, within 14 days after the arbitrator or umpire has consented to the application being made, or the other parties have so consented.
(4) For the purpose of paragraph (3) the consent must be given in writing.
(5) In the case of every appeal or application to which this rule applies, the notice of originating motion, or as the case may be, the originating summons, must state the grounds of appeal or application and, where the appeal or application is founded on evidence by affidavit, or is made with the consent of the arbitrator or umpire or of the other parties, a copy of every affidavit intended to be used, or as the case may be, of every consent given in writing, must be served with that notice.
Applications and appeals to be heard in a particular list (O. 73, r. 6)
6. (1) Any matter which is required, by rule 2 or 3, to be heard by a judge, shall be entered in a particular list unless the Judge in charge of such list otherwise directs.
(2) Nothing in the foregoing paragraph shall be construed as preventing the powers of the Judge in charge of a particular list from being exercised by any judge of the High Court.
Service out of the jurisdiction of summons, notice, etc. (O. 73, r. 7)
7. (HK)(1) Subject to paragraph (1A), service out of the jurisdiction of
(a) any originating summons or notice of originating motion under the Arbitration Ordinance, or
(b) any order made on such a summons or motion as aforesaid,
is permissible with leave of the Court provided that the arbitration to which the summons, motion or order relates is governed by Hong Kong law or has been, is being, or is to be held within the jurisdiction.
(1A) Service out of the jurisdiction of an originating summons for leave to enforce an award is permissible with the leave of the Court whether or not the arbitration is governed by Hong Kong law.
(2) An application for the grant of leave under this rule must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person
A 276
[Subsidiary]
(Cap. 341.)
CAP. 4 The Rules of the Supreme Court Order 73 [1988 Ed.
Provided that, where reasons material to the appeal are given on a date subsequent to the publication of the award, the period of 21 days shall run from the date on which the reasons are given.
(3) An application, under section 23A(I) of the Arbitration Ordinance, to determine any question of law arising in the course of a reference, must be made, and notice thereof served, within 14 days after the arbitrator or umpire has consented to the application being made, or the other parties have so consented.
(4) For the purpose of paragraph (3) the consent must be given in writing.
(5) In the case of every appeal or application to which this rule applies, the notice of originating motion, or as the case may be, the originating summons, must state the grounds of appeal or applica- tion and, where the appeal or application is founded on evidence by affidavit, or is made with the consent of the arbitrator or umpire or of the other parties, a copy of every affidavit intended to be used, or as the case may be, of every consent given in writing, must be served with that notice.
Applications and appeals to be heard in a particular list (O. 73,
r. 6)
6. (1) Any matter which is required, by rule 2 or 3, to be heard by a judge, shall be entered in a particular list unless the Judge in charge of such list otherwise directs.
(2) Nothing in the foregoing paragraph shall be construed as preventing the powers of the Judge in charge of a particular list from being exercised by any judge of the High Court.
Service out of the jurisdiction of summons, notice, etc. (O. 73, r. 7)
7. (HK)(1) Subject to paragraph (1A), service out of the jurisdiction of
(a) any originating summons or notice of originating motion
under the Arbitration Ordinance, or
(b) any order made on such a summons or motion as afore-
said,
is permissible with leave of the Court provided that the arbitration to which the summons, motion or order relates is granted by Hong Kong law or has been, is being, or is to be held within the jurisdic- tion.
(1A) Service out of the jurisdiction of an originating summons for leave to enforce an award is permissible with the leave of the Court whether or not the arbitration is governed by Hong Kong law.
(2) An application for the grant of leave under this rule must be supported by an affidavit stating the grounds on which the application is made and showing in what place or country the person
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