Hong Kong · civil procedure
What period applies to fresh leave after single justice refusal?
7 specified-day-excluded days from refusal. Make a fresh leave application to Court of Appeal. This fresh application differs from ordinary paper reconsideration based on notice.
- Period
- 7 specified-day-excluded days from refusal
- Trigger
- Date of refusal by the single Justice of Appeal
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 2C(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 fresh leave after single justice refusal?
7 specified-day-excluded days from refusal. Make a fresh leave application to Court of Appeal. This fresh application differs from ordinary paper reconsideration based on notice.
Responsible actor. Party aggrieved by a single Justice’s qualifying leave refusal.
Date of refusal by the single Justice of Appeal
7 specified-day-excluded days from refusal
Party aggrieved by a single Justice’s qualifying leave refusal. Actual single-Justice refusal under rule 2A(1),2B(3) or2BA(1); Aggrieved party. Rule 2C applies notwithstanding rule 2A(8), with entitlement to determination by two Justices.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)How does this provision count time?
- Make a fresh leave application to Court of Appeal
- Party aggrieved by a single Justice’s qualifying leave refusal uses the established date of refusal by the single justice of appeal. 7 specified-day-excluded days from refusal. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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.
- Make a fresh leave application to Court of Appeal. 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. This fresh application differs from ordinary paper reconsideration based on notice.
- This fresh application differs from ordinary paper reconsideration based on notice.
Party aggrieved by a single Justice’s qualifying leave refusal uses the established date of refusal by the single justice of appeal. 7 specified-day-excluded days from refusal. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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.
Make a fresh leave application to Court of Appeal. 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. This fresh application differs from ordinary paper reconsideration based on notice.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)What do independently checked examples show?
Fictitious example
Party aggrieved by a single Justice’s qualifying leave refusal. Date of refusal by the single Justice of Appeal occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Party aggrieved by a single Justice’s qualifying leave refusal. Date of refusal by the single Justice of Appeal occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days from refusal. This fresh application differs from ordinary paper reconsideration based on notice. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Party aggrieved by a single Justice’s qualifying leave refusal. Date of refusal by the single Justice of Appeal occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days from refusal. This fresh application differs from ordinary paper reconsideration based on notice. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Party aggrieved by a single Justice’s qualifying leave refusal. Date of refusal by the single Justice of Appeal 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. Actual single-Justice refusal under rule 2A(1),2B(3) or2BA(1) | Rule 2C applies notwithstanding rule 2A(8), with entitlement to determination by two Justices. |
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?
- Actual single-Justice refusal under rule 2A(1),2B(3) or2BA(1)
- Actual single-Justice refusal under rule 2A(1),2B(3) or2BA(1)
- Aggrieved party
- Aggrieved party
- Correct source counting and completion route
- Party aggrieved by a single Justice’s qualifying leave refusal uses the established date of refusal by the single justice of appeal. 7 specified-day-excluded days from refusal. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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. Make a fresh leave application to Court of Appeal. 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. This fresh application differs from ordinary paper reconsideration based on notice.
- Party aggrieved by a single Justice’s qualifying leave refusal. Actual single-Justice refusal under rule 2A(1),2B(3) or2BA(1); Aggrieved party. Rule 2C applies notwithstanding rule 2A(8), with entitlement to determination by two Justices.
- Rule 2C applies notwithstanding rule 2A(8), with entitlement to determination by two Justices.
What must the responsible actor complete?
Questions about this procedure
What period applies to fresh leave after single justice refusal?
Does paper-reconsideration prohibition automatically bar this fresh application?
Rule 2C(1) applies notwithstanding rule 2A(8) in its specified single-Justice branch.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)What event starts seven days?
The date of the single Justice’s refusal, not a separately inferred notice date.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)Which earlier applications qualify?
Applications under rule 2A(1), 2B(3) or 2BA(1) identified by rule 2C(1).
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)How many Justices determine the fresh application?
Paragraph (2) entitles the party to determination by two Justices.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)Can the original Justice sit again?
Paragraph (3) allows the Justice who previously determined the application to sit on the fresh determination.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)Does successful fresh filing already authorize the appeal?
No. The Court must still determine the fresh leave application.
Rules of the High Court (Cap. 4A), Order 59, rule 2C(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 2C(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 |