Hong Kong · civil procedure
What period applies to notice of appeal setting down?
4 specified-day-excluded days after setting down. Give notice to every party served with the notice of appeal. This notification follows setting down and does not itself accomplish it.
- Period
- 4 specified-day-excluded days after setting down
- Trigger
- Actual setting down of the appeal
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 5(3)
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 notice of appeal setting down?
4 specified-day-excluded days after setting down. Give notice to every party served with the notice of appeal. This notification follows setting down and does not itself accomplish it.
Responsible actor. Appellant whose appeal has actually been set down.
Actual setting down of the appeal
4 specified-day-excluded days after setting down
Appellant whose appeal has actually been set down. Actual Registrar setting-down event; All notice-of-appeal recipients identified. Lodging papers and actual setting down are not automatically the same event.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)How does this provision count time?
- Give notice to every party served with the notice of appeal
- Appellant whose appeal has actually been set down uses the established actual setting down of the appeal. 4 specified-day-excluded days after setting down. 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.
- Give notice to every party served with the notice of appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This notification follows setting down and does not itself accomplish it.
- This notification follows setting down and does not itself accomplish it.
Appellant whose appeal has actually been set down uses the established actual setting down of the appeal. 4 specified-day-excluded days after setting down. 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.
Give notice to every party served with the notice of appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This notification follows setting down and does not itself accomplish it.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)What do independently checked examples show?
Fictitious example
Appellant whose appeal has actually been set down. Actual setting down of the 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 | Appellant whose appeal has actually been set down. Actual setting down of the appeal occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 4 specified-day-excluded days after setting down. This notification follows setting down and does not itself accomplish it. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | Appellant whose appeal has actually been set down. Actual setting down of the appeal occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 4 specified-day-excluded days after setting down. This notification follows setting down and does not itself accomplish it. | Thursday, October 22, 2026 |
| Example 3. Material procedural branch | Appellant whose appeal has actually been set down. Actual setting down of the 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 Registrar setting-down event | Lodging papers and actual setting down are not automatically the same event. |
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 Registrar setting-down event
- Actual Registrar setting-down event
- All notice-of-appeal recipients identified
- All notice-of-appeal recipients identified
- Correct source counting and completion route
- Appellant whose appeal has actually been set down uses the established actual setting down of the appeal. 4 specified-day-excluded days after setting down. 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. Give notice to every party served with the notice of appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This notification follows setting down and does not itself accomplish it.
- Appellant whose appeal has actually been set down. Actual Registrar setting-down event; All notice-of-appeal recipients identified. Lodging papers and actual setting down are not automatically the same event.
- Lodging papers and actual setting down are not automatically the same event.
What must the responsible actor complete?
Questions about this procedure
What period applies to notice of appeal setting down?
Does lodging the appeal papers always start these four days?
No. Rule 5(3) identifies when the appeal has been set down.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Who receives setting-down notice?
All parties on whom the notice of appeal was served.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Can the appellant assume the Registrar’s date?
No. Retain the actual setting-down event rather than a projected future action.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Are four ordinary calendar days enough?
Order 3 rule 2(5) excludes specified days from this short interval.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Does this notice replace the appeal notice?
No. The appeal notice and notice of setting down communicate different procedural steps.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Is the output the appeal hearing date?
No. It gives the notification deadline after actual setting down, not a Court listing prediction.
Rules of the High Court (Cap. 4A), Order 59, rule 5(3)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 5(3) | 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 |