Hong Kong · civil procedure
What period applies to court of appeal summons service?
At least 2 clear days before hearing; later-applications have a 7-day branch. Serve affected parties with the summons. The model must identify the application branch before calculating notice.
- Period
- At least 2 clear days before hearing; later-applications have a 7-day branch
- Trigger
- Actual summons hearing day
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 14(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 court of appeal summons service?
At least 2 clear days before hearing; later-applications have a 7-day branch. Serve affected parties with the summons. The model must identify the application branch before calculating notice.
Responsible actor. Applicant making an ordinary inter partes Court of Appeal application.
Actual summons hearing day
At least 2 clear days before hearing; later-applications have a 7-day branch
Applicant making an ordinary inter partes Court of Appeal application. Ordinary application; Not ex parte; Not leave-to-appeal application; Application not after appeal time expired; No contrary direction. Rule 14(1) requires at least seven days for an application made after appeal time expired. Rule 14(13) excludes leave applications.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)How does this provision count time?
- Serve affected parties with the summons
- Applicant making an ordinary inter partes Court of Appeal application uses the established actual summons hearing day. At least 2 clear days before hearing; later-applications have a 7-day branch. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. 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.
- Serve affected parties with the summons. 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 model must identify the application branch before calculating notice.
- The model must identify the application branch before calculating notice.
Applicant making an ordinary inter partes Court of Appeal application uses the established actual summons hearing day. At least 2 clear days before hearing; later-applications have a 7-day branch. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. 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.
Serve affected parties with the summons. 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 model must identify the application branch before calculating notice.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)What do independently checked examples show?
Fictitious example
Applicant making an ordinary inter partes Court of Appeal application. Actual summons hearing day occurs on Friday, October 30, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Applicant making an ordinary inter partes Court of Appeal application. Actual summons hearing day occurs on Friday, October 30, 2026. The retained eligibility and ordinary procedural conditions apply. At least 2 clear days before hearing; later-applications have a 7-day branch. The model must identify the application branch before calculating notice. | Tuesday, October 27, 2026 |
| Example 2. Closed-day boundary | Applicant making an ordinary inter partes Court of Appeal application. Actual summons hearing day occurs on Wednesday, October 14, 2026. The retained eligibility and ordinary procedural conditions apply. At least 2 clear days before hearing; later-applications have a 7-day branch. The model must identify the application branch before calculating notice. | Sunday, October 11, 2026 |
| Example 3. Material procedural branch | Applicant making an ordinary inter partes Court of Appeal application. Actual summons hearing day occurs on Friday, October 30, 2026. The complete eligibility and procedural facts are not established. This actual branch must be established independently before any ordinary endpoint can be used. Ordinary application | Rule 14(1) requires at least seven days for an application made after appeal time expired. Rule 14(13) excludes leave applications. |
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?
- Ordinary application
- Ordinary application
- Not ex parte
- Not ex parte
- Not leave-to-appeal application
- Not leave-to-appeal application
- Application not after appeal time expired
- Application not after appeal time expired
- No contrary direction
- No contrary direction
- Correct source counting and completion route
- Applicant making an ordinary inter partes Court of Appeal application uses the established actual summons hearing day. At least 2 clear days before hearing; later-applications have a 7-day branch. Count backward from the actual appointment. Exclude both service and hearing days for the intervening clear-day interval. 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. Serve affected parties with the summons. 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 model must identify the application branch before calculating notice.
- Applicant making an ordinary inter partes Court of Appeal application. Ordinary application; Not ex parte; Not leave-to-appeal application; Application not after appeal time expired; No contrary direction. Rule 14(1) requires at least seven days for an application made after appeal time expired. Rule 14(13) excludes leave applications.
- Rule 14(1) requires at least seven days for an application made after appeal time expired. Rule 14(13) excludes leave applications.
What must the responsible actor complete?
Questions about this procedure
What period applies to court of appeal summons service?
Does every Court of Appeal application use two clear days?
No. Rule 14(1) provides seven days where the application is made after appeal time expired.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Do leave-to-appeal applications use rule 14?
No. Paragraph (13) excludes them.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Who receives the ordinary summons?
The party or parties affected by the application.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Does the hearing day count among the clear days?
No. The required intervening interval excludes both service and hearing days.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Are specified days omitted from this short interval?
Order 3 rule 2(5) applies to periods of seven days or less, including Saturdays and general holidays.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Can the Court direct different notice?
Yes. Paragraph (1) applies unless otherwise directed.
Rules of the High Court (Cap. 4A), Order 59, rule 14(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 14(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 |