Hong Kong · civil procedure
What period applies to appeal notice after leave?
7 specified-day-excluded days after leave. Serve notice of appeal under Order 59 rule 3(5). Obtaining leave does not itself serve a notice of appeal.
- Period
- 7 specified-day-excluded days after leave
- Trigger
- Actual date leave to appeal was granted
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)
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 appeal notice after leave?
7 specified-day-excluded days after leave. Serve notice of appeal under Order 59 rule 3(5). Obtaining leave does not itself serve a notice of appeal.
Responsible actor. Appellant granted required Court of Appeal leave.
Actual date leave to appeal was granted
7 specified-day-excluded days after leave
Appellant granted required Court of Appeal leave. Section 14AA or 14(3)(e)/(f) required-leave branch; Actual leave grant; Not winding-up or bankruptcy exception. The decision date starts the ordinary appeal branch, but this branch uses actual leave grant.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)How does this provision count time?
- Serve notice of appeal under Order 59 rule 3(5)
- Appellant granted required Court of Appeal leave uses the established actual date leave to appeal was granted. 7 specified-day-excluded days after leave. 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.
- Serve notice of appeal under Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave does not itself serve a notice of appeal.
- Obtaining leave does not itself serve a notice of appeal.
Appellant granted required Court of Appeal leave uses the established actual date leave to appeal was granted. 7 specified-day-excluded days after leave. 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.
Serve notice of appeal under Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave does not itself serve a notice of appeal.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)What do independently checked examples show?
Fictitious example
Appellant granted required Court of Appeal leave. Actual date leave to appeal was granted 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 granted required Court of Appeal leave. Actual date leave to appeal was granted occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after leave. Obtaining leave does not itself serve a notice of appeal. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Appellant granted required Court of Appeal leave. Actual date leave to appeal was granted occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after leave. Obtaining leave does not itself serve a notice of appeal. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Appellant granted required Court of Appeal leave. Actual date leave to appeal was granted 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. Section 14AA or 14(3)(e)/(f) required-leave branch | The decision date starts the ordinary appeal branch, but this branch uses actual leave grant. |
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?
- Section 14AA or 14(3)(e)/(f) required-leave branch
- Section 14AA or 14(3)(e)/(f) required-leave branch
- Actual leave grant
- Actual leave grant
- Not winding-up or bankruptcy exception
- Not winding-up or bankruptcy exception
- Correct source counting and completion route
- Appellant granted required Court of Appeal leave uses the established actual date leave to appeal was granted. 7 specified-day-excluded days after leave. 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. Serve notice of appeal under Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave does not itself serve a notice of appeal.
- Appellant granted required Court of Appeal leave. Section 14AA or 14(3)(e)/(f) required-leave branch; Actual leave grant; Not winding-up or bankruptcy exception. The decision date starts the ordinary appeal branch, but this branch uses actual leave grant.
- The decision date starts the ordinary appeal branch, but this branch uses actual leave grant.
What must the responsible actor complete?
Questions about this procedure
What period applies to appeal notice after leave?
Does the original judgment date start these seven days?
No. Rule 4(1)(a) identifies when leave to appeal is granted.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Does the branch cover bankruptcy without further checks?
No. Paragraph (a) excludes the paragraph (b) winding-up or bankruptcy cases.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Are the seven days counted as plain calendar days?
No. Order 3 rule 2(5) excludes specified days for a seven-day procedural interval.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Does the leave order act as the notice of appeal?
No. The appellant must separately serve the notice under rule 3(5).
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Which statutory leave route must be established?
The identified High Court Ordinance required-leave route, not merely a general desire to appeal.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Does setting down have the same source event?
No. Rule 5 starts its separate seven-day lodging period after notice-of-appeal service.
Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 4(1)(a) | 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 |
| Hong Kong Court of Final Appeal Ordinance (Cap.484), sections24,25,27C and27D as applicable | Check the identified procedure, event, counting rule or qualification |