Hong Kong · civil procedure
What period applies to statutory appeal notice and entry?
28 days after the correct decision or notice event. Serve notice of motion and enter appeal within applicable source period. Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
- Period
- 28 days after the correct decision or notice event
- Trigger
- Court decision date, or actual authorized notice of another body’s decision
- Rule
- Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)
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 statutory appeal notice and entry?
28 days after the correct decision or notice event. Serve notice of motion and enter appeal within applicable source period. Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
Responsible actor. Appellant using a qualifying Order 55 statutory appeal.
Court decision date, or actual authorized notice of another body’s decision
28 days after the correct decision or notice event
Appellant using a qualifying Order 55 statutory appeal. Order 55 applies; Enabling statute’s contrary limit absent; Court or other-body route identified; Authorized notice fact retained. For a tribunal, department or other person, rule 4(4) uses notice given to the appellant, not the earlier internal decision date.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)How does this provision count time?
- Serve notice of motion and enter appeal within applicable source period
- Appellant using a qualifying Order 55 statutory appeal uses the established court decision date, or actual authorized notice of another body’s decision. 28 days after the correct decision or notice event. 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 notice of motion and enter appeal within applicable source period. 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. Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
- Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
Appellant using a qualifying Order 55 statutory appeal uses the established court decision date, or actual authorized notice of another body’s decision. 28 days after the correct decision or notice event. 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 notice of motion and enter appeal within applicable source period. 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. Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)What do independently checked examples show?
Fictitious example
Appellant using a qualifying Order 55 statutory appeal. Court decision date, or actual authorized notice of another body’s decision occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Decision Type court. Actual Decision Given Friday, October 9, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Appellant using a qualifying Order 55 statutory appeal. Court decision date, or actual authorized notice of another body’s decision occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Decision Type court. Actual Decision Given Friday, October 9, 2026. 28 days after the correct decision or notice event. Statutory eligibility and entry are separate from ordinary Court of Appeal notice. | Friday, November 6, 2026 |
| Example 2. Closed-day boundary | Appellant using a qualifying Order 55 statutory appeal. Court decision date, or actual authorized notice of another body’s decision occurs on Monday, September 21, 2026. The retained eligibility and ordinary procedural conditions apply. Decision Type court. Actual Decision Given Monday, September 21, 2026. 28 days after the correct decision or notice event. Statutory eligibility and entry are separate from ordinary Court of Appeal notice. | Tuesday, October 20, 2026 |
| Example 3. Material procedural branch | Appellant using a qualifying Order 55 statutory appeal. Court decision date, or actual authorized notice of another body’s decision occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. Decision Type not established. Actual Decision Given not established. This actual branch must be established independently before any ordinary endpoint can be used. Order 55 applies | For a tribunal, department or other person, rule 4(4) uses notice given to the appellant, not the earlier internal decision date. |
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?
- Order 55 applies
- Order 55 applies
- Enabling statute’s contrary limit absent
- Enabling statute’s contrary limit absent
- Court or other-body route identified
- Court or other-body route identified
- Authorized notice fact retained
- Authorized notice fact retained
- Correct source counting and completion route
- Appellant using a qualifying Order 55 statutory appeal uses the established court decision date, or actual authorized notice of another body’s decision. 28 days after the correct decision or notice event. 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 notice of motion and enter appeal within applicable source period. 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. Statutory eligibility and entry are separate from ordinary Court of Appeal notice.
- Appellant using a qualifying Order 55 statutory appeal. Order 55 applies; Enabling statute’s contrary limit absent; Court or other-body route identified; Authorized notice fact retained. For a tribunal, department or other person, rule 4(4) uses notice given to the appellant, not the earlier internal decision date.
- For a tribunal, department or other person, rule 4(4) uses notice given to the appellant, not the earlier internal decision date.
What must the responsible actor complete?
Questions about this procedure
What period applies to statutory appeal notice and entry?
Does every statutory appeal start on decision date?
No. Rule 4(4) uses authorized notice of a tribunal, department or other person’s decision.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)What event applies to a court decision?
Rule 4(3) identifies when the judgment or order was made or decision given.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)What must be done within twenty-eight days?
Both serve the notice and enter the appeal under paragraph (2).
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)Who receives notice for a tribunal decision?
The relevant chairman, department or person and the other parties specified in paragraph (1)(b).
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)Can a special statute prescribe different timing?
Establish the enabling appeal legislation and Order 55 applicability before using its ordinary rule.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)Does entry fix an immediate hearing?
Rule 5 separately prevents an ordinary hearing sooner than twenty-one days after notice service unless directed otherwise.
Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 55, rule 4(2), (3) and (4) | 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 |