Hong Kong · civil procedure
What period applies to leave application in court below?
14 days from judgment or order. Apply in the first instance to the Court below, ordinarily the deciding judge or master. A Court-granted extension can apply before or after expiry.
- Period
- 14 days from judgment or order
- Trigger
- Date of the qualifying judgment or order
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)
Official verified English consolidated chapter 4A, version October 1,2025. Acquired October 9, 2026, with the official current register and immutable verified PDF. Current verified official English consolidated chapter PDFs acquired October 9, 2026. Version dates retained per chapter register. No claim that a calendar proves future gale, black-rainstorm or emergency office closures.
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What period applies to leave application in court below?
14 days from judgment or order. Apply in the first instance to the Court below, ordinarily the deciding judge or master. A Court-granted extension can apply before or after expiry.
Responsible actor. Prospective appellant needing leave.
Date of the qualifying judgment or order
14 days from judgment or order
Prospective appellant needing leave. Qualifying interlocutory or other required-leave decision; Actual order; No direct-CA permission branch. If refused, renewed leave has another fourteen days from refusal. Inter partes proceedings require inter partes application.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)How does this provision count time?
- Apply in the first instance to the Court below, ordinarily the deciding judge or master
- Prospective appellant needing leave uses the established date of the qualifying judgment or order. 14 days from judgment or order. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods.
- Apply in the first instance to the Court below, ordinarily the deciding judge or master. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. A Court-granted extension can apply before or after expiry.
- A Court-granted extension can apply before or after expiry.
Prospective appellant needing leave uses the established date of the qualifying judgment or order. 14 days from judgment or order. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods.
Apply in the first instance to the Court below, ordinarily the deciding judge or master. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. A Court-granted extension can apply before or after expiry.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)What do independently checked examples show?
Fictitious example
Prospective appellant needing leave. Date of the qualifying judgment or order occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Prospective appellant needing leave. Date of the qualifying judgment or order occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 14 days from judgment or order. A Court-granted extension can apply before or after expiry. | Friday, October 23, 2026 |
| Example 2. Closed-day boundary | Prospective appellant needing leave. Date of the qualifying judgment or order occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. 14 days from judgment or order. A Court-granted extension can apply before or after expiry. | Tuesday, October 20, 2026 |
| Example 3. Material procedural branch | Prospective appellant needing leave. Date of the qualifying judgment or order occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. This actual branch must be established independently before any ordinary endpoint can be used. Qualifying interlocutory or other required-leave decision | If refused, renewed leave has another fourteen days from refusal. Inter partes proceedings require inter partes application. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Qualifying interlocutory or other required-leave decision
- Qualifying interlocutory or other required-leave decision
- Actual order
- Actual order
- No direct-CA permission branch
- No direct-CA permission branch
- Correct source counting and completion route
- Prospective appellant needing leave uses the established date of the qualifying judgment or order. 14 days from judgment or order. Exclude the effective event day. Ordinary intervening weekends remain counted unless an applicable source provision excludes them. High Court Ordinance (Cap. 4), section 31(1), omits Summer Vacation for the applicable civil procedural period not exceeding one month unless the Court directs otherwise. Order 64 rule 1 supplies August 1 through August 31. Order 3 rule 3 separately covers pleading periods. Apply in the first instance to the Court below, ordinarily the deciding judge or master. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. A Court-granted extension can apply before or after expiry.
- Prospective appellant needing leave. Qualifying interlocutory or other required-leave decision; Actual order; No direct-CA permission branch. If refused, renewed leave has another fourteen days from refusal. Inter partes proceedings require inter partes application.
- If refused, renewed leave has another fourteen days from refusal. Inter partes proceedings require inter partes application.
What must the responsible actor complete?
Questions about this procedure
What period applies to leave application in court below?
Where must ordinary leave first be sought?
Order 59 rule 2B(1) requires applying to the Court in the first instance.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)Who should hear the first leave application?
So far as practicable, the judge or master whose judgment or order is challenged under paragraph (2).
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)What starts the fourteen days?
The date of the judgment or order, not receipt of advice about appealing.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)Can the appellant go directly to the Court of Appeal?
Paragraph (4) requires the Court of Appeal to allow that direct route.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)Must an inter partes case use an inter partes leave application?
Yes. Paragraph (5) specifies that requirement.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)Can leave time be extended after expiry?
Paragraph (6) permits the Court or Court of Appeal to extend before or after expiry.
Rules of the High Court (Cap. 4A), Order 59, rule 2B(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 2B(1) | Check the identified procedure, event, counting rule or qualification |
| Rules of the High Court (Cap.4A), Order3 rules1–5 and Order64 rule1 | Check the identified procedure, event, counting rule or qualification |
| High Court Ordinance (Cap.4), section31(1), including its endorsed-writ proviso | Check the identified procedure, event, counting rule or qualification |
| Interpretation and General Clauses Ordinance (Cap.1), section71(1)–(2) | Check the identified procedure, event, counting rule or qualification |
| General Holidays Ordinance (Cap.149), section3 and Schedule | Check the identified procedure, event, counting rule or qualification |