Hong Kong · civil procedure
What period applies to final appeal respondent notice?
21 days after notice-of-appeal service. Serve respondent notice on appellant and directly affected parties. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service.
- Period
- 21 days after notice-of-appeal service
- Trigger
- Service on the respondent of the noninterlocutory notice of appeal
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)
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 final appeal respondent notice?
21 days after notice-of-appeal service. Serve respondent notice on appellant and directly affected parties. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service.
Responsible actor. Respondent electing a variation, different ground or cross-appeal.
Service on the respondent of the noninterlocutory notice of appeal
21 days after notice-of-appeal service
Respondent electing a variation, different ground or cross-appeal. Noninterlocutory appeal; Rule 6(1) contention elected; Complete recipients. Interlocutory appeals have a fourteen-day branch. Two Registrar copies are separately due after actual respondent-notice service.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)How does this provision count time?
- Serve respondent notice on appellant and directly affected parties
- Respondent electing a variation, different ground or cross-appeal uses the established service on the respondent of the noninterlocutory notice of appeal. 21 days after notice-of-appeal service. 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.
- Serve respondent notice on appellant and directly affected parties. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service.
- The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Respondent electing a variation, different ground or cross-appeal uses the established service on the respondent of the noninterlocutory notice of appeal. 21 days after notice-of-appeal service. 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.
Serve respondent notice on appellant and directly affected parties. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service. This closed interparty or combined filing and service boundary is withheld pending separate qualification of section71 and the applicable Court procedure. The calculator refuses that boundary.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)What do independently checked examples show?
Fictitious example
Respondent electing a variation, different ground or cross-appeal. Service on the respondent of the noninterlocutory notice 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 | Respondent electing a variation, different ground or cross-appeal. Service on the respondent of the noninterlocutory notice of appeal occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 21 days after notice-of-appeal service. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service. | Friday, October 30, 2026 |
| Example 2. Closed-day boundary | Respondent electing a variation, different ground or cross-appeal. Service on the respondent of the noninterlocutory notice of appeal occurs on Monday, September 28, 2026. The retained eligibility and ordinary procedural conditions apply. 21 days after notice-of-appeal service. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service. | A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred. |
| Example 3. Material procedural branch | Respondent electing a variation, different ground or cross-appeal. Service on the respondent of the noninterlocutory notice 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. Noninterlocutory appeal | Interlocutory appeals have a fourteen-day branch. Two Registrar copies are separately due after actual respondent-notice service. |
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?
- Noninterlocutory appeal
- Noninterlocutory appeal
- Rule 6(1) contention elected
- Rule 6(1) contention elected
- Complete recipients
- Complete recipients
- Correct source counting and completion route
- Respondent electing a variation, different ground or cross-appeal uses the established service on the respondent of the noninterlocutory notice of appeal. 21 days after notice-of-appeal service. 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. Serve respondent notice on appellant and directly affected parties. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The respondent’s notice preserves the stated contention; calculation alone does not establish filing or service.
- Respondent electing a variation, different ground or cross-appeal. Noninterlocutory appeal; Rule 6(1) contention elected; Complete recipients. Interlocutory appeals have a fourteen-day branch. Two Registrar copies are separately due after actual respondent-notice service.
- Interlocutory appeals have a fourteen-day branch. Two Registrar copies are separately due after actual respondent-notice service.
What must the responsible actor complete?
Questions about this procedure
What period applies to final appeal respondent notice?
What starts the twenty-one-day respondent period?
Service of the notice of appeal on that respondent under rule 6(3)(b).
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Can the respondent use the appellant’s judgment date?
No. The source event is later effective appeal-notice service.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Is a notice needed merely to oppose the appeal on existing grounds?
Rule 6(1) identifies particular variation, new-ground and cross-appeal contentions. Establish the intended contention.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Which other parties must receive notice?
All parties below directly affected by the respondent’s contentions, in addition to the appellant.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Does twenty-one days cover the later Registrar copy duty?
No. Rule 6(4) separately requires two copies within two days after actual respondent-notice service.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Can the Court permit omitted relief or grounds?
Rule 6(2) reserves leave for the specified departure. Retain any actual grant.
Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 6(3)(b) | 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 |