Hong Kong · civil procedure
What period applies to renew refused ex parte application?
7 specified-day-excluded days after refusal. Apply to Court of Appeal ex parte for a similar purpose. This renewal differs from a fresh application after a single Justice’s determination.
- Period
- 7 specified-day-excluded days after refusal
- Trigger
- Date of refusal by the Court below
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 14(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 renew refused ex parte application?
7 specified-day-excluded days after refusal. Apply to Court of Appeal ex parte for a similar purpose. This renewal differs from a fresh application after a single Justice’s determination.
Responsible actor. Applicant whose ex-parte application failed below.
Date of refusal by the Court below
7 specified-day-excluded days after refusal
Applicant whose ex-parte application failed below. Actual ex-parte refusal below; Similar-purpose application; Not leave-to-appeal route. The general first-instance rule remains, and a successful renewed application requires notice of the granted order under paragraph (3A).
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)How does this provision count time?
- Apply to Court of Appeal ex parte for a similar purpose
- Applicant whose ex-parte application failed below uses the established date of refusal by the court below. 7 specified-day-excluded days after 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.
- Apply to Court of Appeal ex parte for a similar purpose. 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 renewal differs from a fresh application after a single Justice’s determination.
- This renewal differs from a fresh application after a single Justice’s determination.
Applicant whose ex-parte application failed below uses the established date of refusal by the court below. 7 specified-day-excluded days after 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.
Apply to Court of Appeal ex parte for a similar purpose. 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 renewal differs from a fresh application after a single Justice’s determination.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)What do independently checked examples show?
Fictitious example
Applicant whose ex-parte application failed below. Date of refusal by the Court below occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Applicant whose ex-parte application failed below. Date of refusal by the Court below occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after refusal. This renewal differs from a fresh application after a single Justice’s determination. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Applicant whose ex-parte application failed below. Date of refusal by the Court below occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after refusal. This renewal differs from a fresh application after a single Justice’s determination. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Applicant whose ex-parte application failed below. Date of refusal by the Court below 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 ex-parte refusal below | The general first-instance rule remains, and a successful renewed application requires notice of the granted order under paragraph (3A). |
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 ex-parte refusal below
- Actual ex-parte refusal below
- Similar-purpose application
- Similar-purpose application
- Not leave-to-appeal route
- Not leave-to-appeal route
- Correct source counting and completion route
- Applicant whose ex-parte application failed below uses the established date of refusal by the court below. 7 specified-day-excluded days after 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. Apply to Court of Appeal ex parte for a similar purpose. 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 renewal differs from a fresh application after a single Justice’s determination.
- Applicant whose ex-parte application failed below. Actual ex-parte refusal below; Similar-purpose application; Not leave-to-appeal route. The general first-instance rule remains, and a successful renewed application requires notice of the granted order under paragraph (3A).
- The general first-instance rule remains, and a successful renewed application requires notice of the granted order under paragraph (3A).
What must the responsible actor complete?
Questions about this procedure
What period applies to renew refused ex parte application?
Must the first application have been ex parte?
Yes. Order 59 rule 14(3) identifies an ex-parte application refused below.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)What starts seven days?
The actual date of that refusal.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)Can the renewed application seek an unrelated purpose?
Paragraph (3) concerns an application for a similar purpose.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)Does this rule govern leave to appeal?
No. Rule 14(13) excludes leave applications.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)What follows a granted renewal?
Paragraph (3A) requires serving notice of the order on affected parties.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)Can affected parties request reconsideration?
Paragraph (3B) provides a separate seven-day request after service of the granted-order notice.
Rules of the High Court (Cap. 4A), Order 59, rule 14(3)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 14(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 |