Hong Kong · civil procedure
What period applies to document exchange service?
Next day other than a general holiday. Establish deemed ordinary-document service. Deemed service remains rebuttable under Order 65 rule 5(4).
- Period
- Next day other than a general holiday
- Trigger
- Leaving the document at the qualifying document exchange
- Rule
- Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)
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 document exchange service?
Next day other than a general holiday. Establish deemed ordinary-document service. Deemed service remains rebuttable under Order 65 rule 5(4).
Responsible actor. Party serving an ordinary document.
Leaving the document at the qualifying document exchange
Next day other than a general holiday
Party serving an ordinary document. Chief Justice-approved document exchange; Properly addressed numbered box; Ordinary document not requiring personal service; No contrary proof. Saturday is not excluded merely because it is Saturday. Originating writ service and iCMS transmission follow other provisions.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)How does this provision count time?
- Establish deemed ordinary-document service
- Party serving an ordinary document uses the established leaving the document at the qualifying document exchange. Next day other than a general holiday. Exclude the effective event day. A general holiday is excluded by the document-exchange provision. Saturday alone does not make the next day a general holiday.
- Establish deemed ordinary-document service. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Deemed service remains rebuttable under Order 65 rule 5(4).
- Deemed service remains rebuttable under Order 65 rule 5(4).
Party serving an ordinary document uses the established leaving the document at the qualifying document exchange. Next day other than a general holiday. Exclude the effective event day. A general holiday is excluded by the document-exchange provision. Saturday alone does not make the next day a general holiday.
Establish deemed ordinary-document service. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Deemed service remains rebuttable under Order 65 rule 5(4).
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)What do independently checked examples show?
Fictitious example
Party serving an ordinary document. Leaving the document at the qualifying document exchange occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Party serving an ordinary document. Leaving the document at the qualifying document exchange occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Next day other than a general holiday. Deemed service remains rebuttable under Order 65 rule 5(4). | Saturday, October 10, 2026 |
| Example 2. Closed-day boundary | Party serving an ordinary document. Leaving the document at the qualifying document exchange occurs on Friday, October 16, 2026. The retained eligibility and ordinary procedural conditions apply. Next day other than a general holiday. Deemed service remains rebuttable under Order 65 rule 5(4). | Saturday, October 17, 2026 |
| Example 3. Material procedural branch | Party serving an ordinary document. Leaving the document at the qualifying document exchange 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. Chief Justice-approved document exchange | Saturday is not excluded merely because it is Saturday. Originating writ service and iCMS transmission follow other provisions. |
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?
- Chief Justice-approved document exchange
- Chief Justice-approved document exchange
- Properly addressed numbered box
- Properly addressed numbered box
- Ordinary document not requiring personal service
- Ordinary document not requiring personal service
- No contrary proof
- No contrary proof
- Correct source counting and completion route
- Party serving an ordinary document uses the established leaving the document at the qualifying document exchange. Next day other than a general holiday. Exclude the effective event day. A general holiday is excluded by the document-exchange provision. Saturday alone does not make the next day a general holiday. Establish deemed ordinary-document service. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Deemed service remains rebuttable under Order 65 rule 5(4).
- Party serving an ordinary document. Chief Justice-approved document exchange; Properly addressed numbered box; Ordinary document not requiring personal service; No contrary proof. Saturday is not excluded merely because it is Saturday. Originating writ service and iCMS transmission follow other provisions.
- Saturday is not excluded merely because it is Saturday. Originating writ service and iCMS transmission follow other provisions.
What must the responsible actor complete?
Questions about this procedure
What period applies to document exchange service?
Can Saturday be the document-exchange service day?
Yes. Order 65 rule 5(4) excludes a general holiday, not every Saturday.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Must the exchange be approved?
Yes. The route requires a document exchange approved by the Chief Justice and a properly addressed numbered box.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Can this route serve an originating writ?
Order 65’s ordinary-service provisions exclude originating process and documents requiring personal service. Check Order 10 instead.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Does leaving the document prove same-day service?
No. The ordinary presumption uses the following day other than a general holiday.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Can proof change the document-exchange date?
Yes. Rule 5(4) applies unless the contrary is proved.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Does electronic transmission use the exchange clock?
No. The separate electronic-proceedings rules govern iCMS service. A transmission date is not a document-exchange event.
Rules of the High Court (Cap. 4A), Order 65, rule 5(2A)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 65, rule 5(2A) | 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 |