Hong Kong · civil procedure
What period applies to district court appeal after leave?
7 specified-day-excluded days after leave. Serve Court of Appeal notice under RHC Order 59 rule 3(5). Obtaining leave and serving notice remain distinct acts.
- Period
- 7 specified-day-excluded days after leave
- Trigger
- Actual grant of leave under section 63(1) or (1B)
- Rule
- Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)
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 district court appeal after leave?
7 specified-day-excluded days after leave. Serve Court of Appeal notice under RHC Order 59 rule 3(5). Obtaining leave and serving notice remain distinct acts.
Responsible actor. Appellant granted required leave from District Court.
Actual grant of leave under section 63(1) or (1B)
7 specified-day-excluded days after leave
Appellant granted required leave from District Court. Actual statutory required-leave route; Leave grant established; No as-of-right order substitution. A section 63(3) order can have a twenty-eight-day order-date branch instead.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)How does this provision count time?
- Serve Court of Appeal notice under RHC Order 59 rule 3(5)
- Appellant granted required leave from District Court uses the established actual grant of leave under section 63(1) or (1b). 7 specified-day-excluded days after leave. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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 Court of Appeal notice under RHC Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave and serving notice remain distinct acts.
- Obtaining leave and serving notice remain distinct acts.
Appellant granted required leave from District Court uses the established actual grant of leave under section 63(1) or (1b). 7 specified-day-excluded days after leave. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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 Court of Appeal notice under RHC Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave and serving notice remain distinct acts.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)What do independently checked examples show?
Fictitious example
Appellant granted required leave from District Court. Actual grant of leave under section 63(1) or (1B) occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Appellant granted required leave from District Court. Actual grant of leave under section 63(1) or (1B) occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after leave. Obtaining leave and serving notice remain distinct acts. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Appellant granted required leave from District Court. Actual grant of leave under section 63(1) or (1B) occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. 7 specified-day-excluded days after leave. Obtaining leave and serving notice remain distinct acts. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Appellant granted required leave from District Court. Actual grant of leave under section 63(1) or (1B) 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. Actual statutory required-leave route | A section 63(3) order can have a twenty-eight-day order-date branch 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?
- Actual statutory required-leave route
- Actual statutory required-leave route
- Leave grant established
- Leave grant established
- No as-of-right order substitution
- No as-of-right order substitution
- Correct source counting and completion route
- Appellant granted required leave from District Court uses the established actual grant of leave under section 63(1) or (1b). 7 specified-day-excluded days after leave. Exclude the effective event day. Order3 rule2(5)–(6) omits the specified Saturdays, general holidays, gale-warning days and black-rainstorm-warning days. Actual other Court-office closure matters where the act is required there. 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 Court of Appeal notice under RHC Order 59 rule 3(5). An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. Obtaining leave and serving notice remain distinct acts.
- Appellant granted required leave from District Court. Actual statutory required-leave route; Leave grant established; No as-of-right order substitution. A section 63(3) order can have a twenty-eight-day order-date branch instead.
- A section 63(3) order can have a twenty-eight-day order-date branch instead.
What must the responsible actor complete?
Questions about this procedure
What period applies to district court appeal after leave?
Does District Court judgment date start this seven-day clock?
No. RHC Order 59 rule 4(4)(a) uses when leave is granted.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Which leave routes are identified?
District Court Ordinance section 63(1) or (1B).
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Can an as-of-right order be treated as leave-required?
Establish the actual branch. Paragraph (4)(b) gives the separate specified-order period.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Are Saturdays counted in the seven-day notice interval?
Order 3 rule 2(5) excludes specified days from seven-day procedural periods.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Does a leave order itself count as appeal notice service?
No. The appellant must separately serve the notice under rule 3(5).
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Which event starts setting down afterward?
Actual notice-of-appeal service, not the earlier leave grant.
Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 59, rule 4(4)(a); District Court Ordinance (Cap. 336), section 63(1) and (1B) | 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 |
| District Court Ordinance (Cap.336), sections63 and63A | Check the identified procedure, event, counting rule or qualification |