Hong Kong · civil procedure
What period applies to claim discontinuance without leave?
Not later than 14 days after the controlling defence event. Serve discontinuance notice on the defendant concerned. This is a window for discontinuance without leave, not an obligation to discontinue.
- Period
- Not later than 14 days after the controlling defence event
- Trigger
- Controlling last defence service, or later outstanding defendant defence-period expiry
- Rule
- Rules of the High Court (Cap. 4A), Order 21, rule 2(1)
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 claim discontinuance without leave?
Not later than 14 days after the controlling defence event. Serve discontinuance notice on the defendant concerned. This is a window for discontinuance without leave, not an obligation to discontinue.
Responsible actor. Plaintiff electing to discontinue a writ action or claim.
Controlling last defence service, or later outstanding defendant defence-period expiry
Not later than 14 days after the controlling defence event
Plaintiff electing to discontinue a writ action or claim. Writ action; Complete defendant defence history; No interim payment requiring leave or consent; Actual election to discontinue. Order 21 rule 2(3) substitutes a later unserved defendant defence-period expiry. Originating-summons cases use affidavit evidence instead.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)How does this provision count time?
- Serve discontinuance notice on the defendant concerned
- Plaintiff electing to discontinue a writ action or claim uses the established controlling last defence service, or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence 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 discontinuance notice on the defendant concerned. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This is a window for discontinuance without leave, not an obligation to discontinue.
- This is a window for discontinuance without leave, not an obligation to discontinue.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Plaintiff electing to discontinue a writ action or claim uses the established controlling last defence service, or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence 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 discontinuance notice on the defendant concerned. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This is a window for discontinuance without leave, not an obligation to discontinue. This closed interparty or combined filing and service boundary is withheld pending separate qualification of section71 and the applicable Court procedure. The calculator refuses that boundary.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)What do independently checked examples show?
Fictitious example
Plaintiff electing to discontinue a writ action or claim. Controlling last defence service, or later outstanding defendant defence-period expiry occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Friday, October 9, 2026. Outstanding Response Period Expires Friday, October 9, 2026. Complete History Confirmed true.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Plaintiff electing to discontinue a writ action or claim. Controlling last defence service, or later outstanding defendant defence-period expiry occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Friday, October 9, 2026. Outstanding Response Period Expires Friday, October 9, 2026. Complete History Confirmed true. Not later than 14 days after the controlling defence event. This is a window for discontinuance without leave, not an obligation to discontinue. | Friday, October 23, 2026 |
| Example 2. Closed-day boundary | Plaintiff electing to discontinue a writ action or claim. Controlling last defence service, or later outstanding defendant defence-period expiry occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. Last Response Served Monday, October 5, 2026. Outstanding Response Period Expires Monday, October 5, 2026. Complete History Confirmed true. Not later than 14 days after the controlling defence event. This is a window for discontinuance without leave, not an obligation to discontinue. | A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred. |
| Example 3. Material procedural branch | Plaintiff electing to discontinue a writ action or claim. Controlling last defence service, or later outstanding defendant defence-period expiry occurs on Friday, October 9, 2026. The complete eligibility and procedural facts are not established. Last Response Served not established. Outstanding Response Period Expires not established. Complete History Confirmed not established. This actual branch must be established independently before any ordinary endpoint can be used. Writ action | Order 21 rule 2(3) substitutes a later unserved defendant defence-period expiry. Originating-summons cases use affidavit evidence instead. |
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?
- Writ action
- Writ action
- Complete defendant defence history
- Complete defendant defence history
- No interim payment requiring leave or consent
- No interim payment requiring leave or consent
- Actual election to discontinue
- Actual election to discontinue
- Correct source counting and completion route
- Plaintiff electing to discontinue a writ action or claim uses the established controlling last defence service, or later outstanding defendant defence-period expiry. Not later than 14 days after the controlling defence 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 discontinuance notice on the defendant concerned. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. This is a window for discontinuance without leave, not an obligation to discontinue.
- Plaintiff electing to discontinue a writ action or claim. Writ action; Complete defendant defence history; No interim payment requiring leave or consent; Actual election to discontinue. Order 21 rule 2(3) substitutes a later unserved defendant defence-period expiry. Originating-summons cases use affidavit evidence instead.
- Order 21 rule 2(3) substitutes a later unserved defendant defence-period expiry. Originating-summons cases use affidavit evidence instead.
What must the responsible actor complete?
Questions about this procedure
What period applies to claim discontinuance without leave?
Which defence matters when several defendants are sued?
Ordinarily the defence last served. Rule 2(3) can replace that date with a later expiry for a defendant who serves no defence.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)Can the plaintiff omit an unserved defendant’s defence period?
No. Retain the complete defence history and any later outstanding defence-period expiry.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)Does the fourteen-day window compel discontinuance?
No. It concerns the plaintiff’s elected ability to discontinue without leave.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)What changes after an interim payment order?
Rule 2(2A) requires Court leave or consent of all other parties for the benefiting party’s discontinuance.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)Does this use affidavit service in an originating-summons case?
That is a separate rule 2(3A) branch. This model concerns an action begun by writ.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)What completes discontinuance under this branch?
Serve the notice on the defendant concerned. A privately drafted notice is not service.
Rules of the High Court (Cap. 4A), Order 21, rule 2(1)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 21, rule 2(1) | 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 |