Hong Kong · civil procedure
What period applies to defence to amended claim?
Later of original defence endpoint and 14 days after amended-claim service. Serve the amended or first defence under the applicable branch. Do not replace a longer unexpired original defence period with fourteen days.
- Period
- Later of original defence endpoint and 14 days after amended-claim service
- Trigger
- Both actual amended-claim service and original defence endpoint
- Rule
- Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)
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 defence to amended claim?
Later of original defence endpoint and 14 days after amended-claim service. Serve the amended or first defence under the applicable branch. Do not replace a longer unexpired original defence period with fourteen days.
Responsible actor. Defendant responding to an amended statement of claim.
Both actual amended-claim service and original defence endpoint
Later of original defence endpoint and 14 days after amended-claim service
Defendant responding to an amended statement of claim. Actual amended statement served; Original defence endpoint established; First defence branch identified; No special court period. An already served defence may be amended. If no amended defence is served, the existing defence stands under rule 3(6).
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)How does this provision count time?
- Serve the amended or first defence under the applicable branch
- Defendant responding to an amended statement of claim uses the established both actual amended-claim service and original defence endpoint. Later of original defence endpoint and 14 days after amended-claim service. 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 the amended or first defence under the applicable branch. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Do not replace a longer unexpired original defence period with fourteen days.
- Do not replace a longer unexpired original defence period with fourteen days.
Defendant responding to an amended statement of claim uses the established both actual amended-claim service and original defence endpoint. Later of original defence endpoint and 14 days after amended-claim service. 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 the amended or first defence under the applicable branch. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Do not replace a longer unexpired original defence period with fourteen days.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)What do independently checked examples show?
Fictitious example
Defendant responding to an amended statement of claim. Both actual amended-claim service and original defence endpoint occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Existing Defence Endpoint Monday, October 26, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Defendant responding to an amended statement of claim. Both actual amended-claim service and original defence endpoint occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Existing Defence Endpoint Monday, October 26, 2026. Later of original defence endpoint and 14 days after amended-claim service. Do not replace a longer unexpired original defence period with fourteen days. | Monday, October 26, 2026 |
| Example 2. Closed-day boundary | Defendant responding to an amended statement of claim. Both actual amended-claim service and original defence endpoint occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. Existing Defence Endpoint Thursday, October 22, 2026. Later of original defence endpoint and 14 days after amended-claim service. Do not replace a longer unexpired original defence period with fourteen days. | Thursday, October 22, 2026 |
| Example 3. Material procedural branch | Defendant responding to an amended statement of claim. Both actual amended-claim service and original defence endpoint occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. Existing Defence Endpoint not established. This actual branch must be established independently before any ordinary endpoint can be used. Actual amended statement served | An already served defence may be amended. If no amended defence is served, the existing defence stands under rule 3(6). |
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 amended statement served
- Actual amended statement served
- Original defence endpoint established
- Original defence endpoint established
- First defence branch identified
- First defence branch identified
- No special court period
- No special court period
- Correct source counting and completion route
- Defendant responding to an amended statement of claim uses the established both actual amended-claim service and original defence endpoint. Later of original defence endpoint and 14 days after amended-claim service. 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 the amended or first defence under the applicable branch. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Do not replace a longer unexpired original defence period with fourteen days.
- Defendant responding to an amended statement of claim. Actual amended statement served; Original defence endpoint established; First defence branch identified; No special court period. An already served defence may be amended. If no amended defence is served, the existing defence stands under rule 3(6).
- An already served defence may be amended. If no amended defence is served, the existing defence stands under rule 3(6).
What must the responsible actor complete?
Questions about this procedure
What period applies to defence to amended claim?
Does an amended claim always allow only fourteen days?
No. Order 20 rule 3(2)(b) preserves the later of the original defence period and fourteen days after amendment service.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)What if a defence was already served?
Rule 3(2)(a) permits amendment of that defence. Identify whether this is a first defence or an existing pleading.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)Does failure to amend erase the old defence?
No. Rule 3(6) provides that an existing defence stands if no amended defence is served.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)Which date proves the amendment event?
Use effective service of the amended statement, not the order permitting amendment or its filing date.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)Can a raw single date establish the later endpoint?
No. Retain the existing defence endpoint and the actual amended-claim service date separately.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)Does summer omission apply to the amended defence?
Yes. It is High Court pleading service or amendment under Order 3 rule 3, unless otherwise directed.
Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 20, rule 3(2)(b) | 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 |