Hong Kong · civil procedure
What period applies to execution leave after six years?
Leave required when 6 years or more have elapsed. Identify when execution cannot issue without leave because six years have elapsed. The six-year threshold is not a universal limitation bar or permission to execute before it.
- Period
- Leave required when 6 years or more have elapsed
- Trigger
- Date of judgment or order
- Rule
- Rules of the High Court (Cap. 4A), Order 46, rule 2(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 execution leave after six years?
Leave required when 6 years or more have elapsed. Identify when execution cannot issue without leave because six years have elapsed. The six-year threshold is not a universal limitation bar or permission to execute before it.
Responsible actor. Judgment creditor seeking a writ of execution.
Date of judgment or order
Leave required when 6 years or more have elapsed
Judgment creditor seeking a writ of execution. Actual judgment or order; Execution contemplated; Other leave grounds separately checked. Party changes, deceased-person assets, conditional relief and receiver-held goods can require leave earlier.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)How does this provision count time?
- Identify when execution cannot issue without leave because six years have elapsed
- Judgment creditor seeking a writ of execution uses the established date of judgment or order. Leave required when 6 years or more have elapsed. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.
- Identify when execution cannot issue without leave because six years have elapsed. 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 six-year threshold is not a universal limitation bar or permission to execute before it.
- The six-year threshold is not a universal limitation bar or permission to execute before it.
Judgment creditor seeking a writ of execution uses the established date of judgment or order. Leave required when 6 years or more have elapsed. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.
Identify when execution cannot issue without leave because six years have elapsed. 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 six-year threshold is not a universal limitation bar or permission to execute before it.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)What do independently checked examples show?
Fictitious example
Judgment creditor seeking a writ of execution. Date of judgment or order occurs on Friday, October 9, 2020. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Judgment creditor seeking a writ of execution. Date of judgment or order occurs on Friday, October 9, 2020. The retained eligibility and ordinary procedural conditions apply. Leave required when 6 years or more have elapsed. The six-year threshold is not a universal limitation bar or permission to execute before it. | Friday, October 9, 2026 |
| Example 2. Closed-day boundary | Judgment creditor seeking a writ of execution. Date of judgment or order occurs on Monday, October 19, 2020. The retained eligibility and ordinary procedural conditions apply. Leave required when 6 years or more have elapsed. The six-year threshold is not a universal limitation bar or permission to execute before it. | Monday, October 19, 2026 |
| Example 3. Material procedural branch | Judgment creditor seeking a writ of execution. Date of judgment or order occurs on Friday, October 9, 2020. The complete eligibility and procedural facts are not established. This actual branch must be established independently before any ordinary endpoint can be used. Actual judgment or order | Party changes, deceased-person assets, conditional relief and receiver-held goods can require leave earlier. |
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 judgment or order
- Actual judgment or order
- Execution contemplated
- Execution contemplated
- Other leave grounds separately checked
- Other leave grounds separately checked
- Correct source counting and completion route
- Judgment creditor seeking a writ of execution uses the established date of judgment or order. Leave required when 6 years or more have elapsed. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule. Identify when execution cannot issue without leave because six years have elapsed. 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 six-year threshold is not a universal limitation bar or permission to execute before it.
- Judgment creditor seeking a writ of execution. Actual judgment or order; Execution contemplated; Other leave grounds separately checked. Party changes, deceased-person assets, conditional relief and receiver-held goods can require leave earlier.
- Party changes, deceased-person assets, conditional relief and receiver-held goods can require leave earlier.
What must the responsible actor complete?
Questions about this procedure
What period applies to execution leave after six years?
Does six years automatically extinguish the judgment?
No. Order 46 rule 2(1)(a) requires leave to issue execution after six years or more.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Can leave be required before six years?
Yes. Paragraph (1)(b) to (e) lists other leave grounds, including party changes and conditional relief.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Does the creditor need to apply exactly at the threshold?
No. The threshold identifies when leave is required, not a mandatory application date.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Is this the twelve-year action-upon-judgment period?
No. Limitation Ordinance section 4(4) concerns a different action and event.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Does an appeal date automatically replace judgment date?
Establish the operative judgment or order. Do not substitute another date without the applicable legal basis.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Does leave remain effective indefinitely?
Rule 2(3) provides the separate one-year issue condition after leave is granted.
Rules of the High Court (Cap. 4A), Order 46, rule 2(1)(a)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 46, rule 2(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 |