Hong Kong · civil procedure
What period applies to execution writ after leave?
Within 1 year after the leave order. Issue the writ within the leave order’s effective period. Applying for a writ is not proof that it issued.
- Period
- Within 1 year after the leave order
- Trigger
- Date of the actual order granting leave
- Rule
- Rules of the High Court (Cap. 4A), Order 46, rule 2(3)
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 writ after leave?
Within 1 year after the leave order. Issue the writ within the leave order’s effective period. Applying for a writ is not proof that it issued.
Responsible actor. Creditor granted leave to issue a writ of execution.
Date of the actual order granting leave
Within 1 year after the leave order
Creditor granted leave to issue a writ of execution. Actual leave order; Writ not yet issued; No superseding order. If the writ is not issued within one year, the leave order ceases to have effect, without prejudice to a fresh order.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)How does this provision count time?
- Issue the writ within the leave order’s effective period
- Creditor granted leave to issue a writ of execution uses the established date of the actual order granting leave. Within 1 year after the leave order. 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.
- Issue the writ within the leave order’s effective 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. Applying for a writ is not proof that it issued.
- Applying for a writ is not proof that it issued.
Creditor granted leave to issue a writ of execution uses the established date of the actual order granting leave. Within 1 year after the leave order. 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.
Issue the writ within the leave order’s effective 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. Applying for a writ is not proof that it issued.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)What do independently checked examples show?
Fictitious example
Creditor granted leave to issue a writ of execution. Date of the actual order granting leave occurs on Thursday, October 9, 2025. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Creditor granted leave to issue a writ of execution. Date of the actual order granting leave occurs on Thursday, October 9, 2025. The retained eligibility and ordinary procedural conditions apply. Within 1 year after the leave order. Applying for a writ is not proof that it issued. | Friday, October 9, 2026 |
| Example 2. Closed-day boundary | Creditor granted leave to issue a writ of execution. Date of the actual order granting leave occurs on Sunday, October 19, 2025. The retained eligibility and ordinary procedural conditions apply. Within 1 year after the leave order. Applying for a writ is not proof that it issued. | Tuesday, October 20, 2026 |
| Example 3. Material procedural branch | Creditor granted leave to issue a writ of execution. Date of the actual order granting leave occurs on Thursday, October 9, 2025. The complete eligibility and procedural facts are not established. This actual branch must be established independently before any ordinary endpoint can be used. Actual leave order | If the writ is not issued within one year, the leave order ceases to have effect, without prejudice to a fresh order. |
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 leave order
- Actual leave order
- Writ not yet issued
- Writ not yet issued
- No superseding order
- No superseding order
- Correct source counting and completion route
- Creditor granted leave to issue a writ of execution uses the established date of the actual order granting leave. Within 1 year after the leave order. 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. Issue the writ within the leave order’s effective 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. Applying for a writ is not proof that it issued.
- Creditor granted leave to issue a writ of execution. Actual leave order; Writ not yet issued; No superseding order. If the writ is not issued within one year, the leave order ceases to have effect, without prejudice to a fresh order.
- If the writ is not issued within one year, the leave order ceases to have effect, without prejudice to a fresh order.
What must the responsible actor complete?
Questions about this procedure
What period applies to execution writ after leave?
What starts the year for issue after leave?
Order 46 rule 2(3) uses the order granting leave, not the original judgment date.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)Must the writ actually issue within that period?
Yes. The provision refers to issue of the writ, not merely preparation of a request.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)What happens when the writ is not issued within a year?
The leave order ceases to have effect under paragraph (3).
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)Can the creditor seek another leave order?
The rule expressly preserves making a fresh order.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)Does this calculate the writ’s own service validity?
No. The period concerns effectiveness of leave before issue; the issued process has separate rules.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)Can a six-year judgment threshold replace this event?
No. The six-year leave requirement and one-year post-leave issue condition are different source clocks.
Rules of the High Court (Cap. 4A), Order 46, rule 2(3)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 46, rule 2(3) | 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 |