Hong Kong · civil procedure
What period applies to defence after summary judgment leave?
28 days after the leave order unless another period is specified. Serve the defence on every other affected party. A July 31 order produces a September 28 ordinary endpoint when August is omitted.
- Period
- 28 days after the leave order unless another period is specified
- Trigger
- Making of the order granting leave to defend
- Rule
- Rules of the High Court (Cap. 4A), Order 18, rule 2(2)
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 after summary judgment leave?
28 days after the leave order unless another period is specified. Serve the defence on every other affected party. A July 31 order produces a September 28 ordinary endpoint when August is omitted.
Responsible actor. Defendant granted leave to defend under Order 14 or 86.
Making of the order granting leave to defend
28 days after the leave order unless another period is specified
Defendant granted leave to defend under Order 14 or 86. Qualifying summons served before defence; Actual order grants leave to defend; Order does not specify another period; No direction counting Summer Vacation. A refusal of leave does not create this defence clock. The actual order can specify a different period.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)How does this provision count time?
- Serve the defence on every other affected party
- Defendant granted leave to defend under Order 14 or 86 uses the established making of the order granting leave to defend. 28 days after the leave order unless another period is specified. 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 defence on every other affected party. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. A July 31 order produces a September 28 ordinary endpoint when August is omitted.
- A July 31 order produces a September 28 ordinary endpoint when August is omitted.
- A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.
Defendant granted leave to defend under Order 14 or 86 uses the established making of the order granting leave to defend. 28 days after the leave order unless another period is specified. 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 defence on every other affected party. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. A July 31 order produces a September 28 ordinary endpoint when August is omitted. 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 18, rule 2(2)What do independently checked examples show?
Fictitious example
Defendant granted leave to defend under Order 14 or 86. Making of the order granting leave to defend occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Defendant granted leave to defend under Order 14 or 86. Making of the order granting leave to defend occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after the leave order unless another period is specified. A July 31 order produces a September 28 ordinary endpoint when August is omitted. | Friday, November 6, 2026 |
| Example 2. Closed-day boundary | Defendant granted leave to defend under Order 14 or 86. Making of the order granting leave to defend occurs on Monday, September 21, 2026. The retained eligibility and ordinary procedural conditions apply. 28 days after the leave order unless another period is specified. A July 31 order produces a September 28 ordinary endpoint when August is omitted. | A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred. |
| Example 3. Material procedural branch | Defendant granted leave to defend under Order 14 or 86. Making of the order granting leave to defend 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. Qualifying summons served before defence | A refusal of leave does not create this defence clock. The actual order can specify a different period. |
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?
- Qualifying summons served before defence
- Qualifying summons served before defence
- Actual order grants leave to defend
- Actual order grants leave to defend
- Order does not specify another period
- Order does not specify another period
- No direction counting Summer Vacation
- No direction counting Summer Vacation
- Correct source counting and completion route
- Defendant granted leave to defend under Order 14 or 86 uses the established making of the order granting leave to defend. 28 days after the leave order unless another period is specified. 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 defence on every other affected party. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. A July 31 order produces a September 28 ordinary endpoint when August is omitted.
- Defendant granted leave to defend under Order 14 or 86. Qualifying summons served before defence; Actual order grants leave to defend; Order does not specify another period; No direction counting Summer Vacation. A refusal of leave does not create this defence clock. The actual order can specify a different period.
- A refusal of leave does not create this defence clock. The actual order can specify a different period.
What must the responsible actor complete?
Questions about this procedure
What period applies to defence after summary judgment leave?
Does service of the summary-judgment summons start these twenty-eight days?
No. Order 18 rule 2(2) starts the ordinary period when the order grants leave to defend.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)Does refusal of leave create the same defence deadline?
No. The provision applies when the order gives leave to defend.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)Does the leave order always allow twenty-eight days?
No. The order may specify another period. Retain the actual terms before using the ordinary branch.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)How does a July 31, 2026 leave order interact with vacation?
The ordinary High Court pleading clock omits August under Order 3 rule 3. September 1 is day one and September 28 is day twenty-eight.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)Can parties serve the defence during Summer Vacation?
Order 18 rule 5 requires leave of the Court or consent of all parties for vacation pleading service.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)Does filing alone satisfy the leave-to-defend requirement?
No. Rule 2(2) concerns service. The associated filing requirement is separate under Order 18 rule 5A.
Rules of the High Court (Cap. 4A), Order 18, rule 2(2)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 18, rule 2(2) | 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 |