Hong Kong · civil procedure
What period applies to court of appeal setting down?
7 specified-day-excluded days after notice service. Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar. Notice service alone does not establish that the appeal was set down.
- Period
- 7 specified-day-excluded days after notice service
- Trigger
- Effective notice-of-appeal service
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 5(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 setting down?
7 specified-day-excluded days after notice service. Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar. Notice service alone does not establish that the appeal was set down.
Responsible actor. Appellant who served the notice of appeal.
Effective notice-of-appeal service
7 specified-day-excluded days after notice service
Appellant who served the notice of appeal. Actual notice served; Sealed decision and required copies available; Ordinary rule 5 route not decree-nisi special branch. The Registrar sets down after the required documents are left. Later notice of setting down has a separate four-day event.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)How does this provision count time?
- Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar
- Appellant who served the notice of appeal uses the established effective notice-of-appeal service. 7 specified-day-excluded days after notice service. 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.
- Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar. 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. Notice service alone does not establish that the appeal was set down.
- Notice service alone does not establish that the appeal was set down.
Appellant who served the notice of appeal uses the established effective notice-of-appeal service. 7 specified-day-excluded days after notice service. 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.
Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar. 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. Notice service alone does not establish that the appeal was set down.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)What do independently checked examples show?
Fictitious example
Appellant who served the notice of appeal. Effective notice-of-appeal service 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 who served the notice of appeal. Effective notice-of-appeal service occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after notice service. Notice service alone does not establish that the appeal was set down. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Appellant who served the notice of appeal. Effective notice-of-appeal service occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after notice service. Notice service alone does not establish that the appeal was set down. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Appellant who served the notice of appeal. Effective notice-of-appeal service 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 notice served | The Registrar sets down after the required documents are left. Later notice of setting down has a separate four-day 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 notice served
- Actual notice served
- Sealed decision and required copies available
- Sealed decision and required copies available
- Ordinary rule 5 route not decree-nisi special branch
- Ordinary rule 5 route not decree-nisi special branch
- Correct source counting and completion route
- Appellant who served the notice of appeal uses the established effective notice-of-appeal service. 7 specified-day-excluded days after notice service. 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. Lodge sealed judgment or order, reasoned decision and specified notice copies with Registrar. 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. Notice service alone does not establish that the appeal was set down.
- Appellant who served the notice of appeal. Actual notice served; Sealed decision and required copies available; Ordinary rule 5 route not decree-nisi special branch. The Registrar sets down after the required documents are left. Later notice of setting down has a separate four-day event.
- The Registrar sets down after the required documents are left. Later notice of setting down has a separate four-day event.
What must the responsible actor complete?
Questions about this procedure
What period applies to court of appeal setting down?
Does judgment date start setting-down time?
Rule 5(1) uses effective service of the notice of appeal.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)What decision documents must be lodged?
A sealed judgment or order and the reasoned decision, if any.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)How many notice copies are required?
Two. One records the fee amount and the other certifies notice-service date.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)Who actually sets down the appeal?
The Registrar after the specified documents are left under paragraph (2).
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)Does decree-nisi appeal use the ordinary setting-down sequence?
Rule 16(3) and (4) impose its distinct same-period lodging route.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)Must parties later be told about setting down?
Yes. Paragraph (3) requires notice within four days after actual setting down.
Rules of the High Court (Cap. 4A), Order 59, rule 5(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 5(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 |