Hong Kong · civil procedure
What period applies to judicial review service affidavit?
Within 7 specified-day-excluded days of service. File affidavit stating recipients, addresses, places and dates of service and any omission. A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
- Period
- Within 7 specified-day-excluded days of service
- Trigger
- Actual originating-summons service history
- Rule
- Rules of the High Court (Cap. 4A), Order 53, rule 5(6)
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 judicial review service affidavit?
Within 7 specified-day-excluded days of service. File affidavit stating recipients, addresses, places and dates of service and any omission. A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
Responsible actor. Judicial-review applicant.
Actual originating-summons service history
Within 7 specified-day-excluded days of service
Judicial-review applicant. Summons service history complete; All required recipients considered; Affidavit before Court at hearing. If someone who ought to be served was not served, the affidavit must identify the failure and its reason. Multiple service events need explicit treatment.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)How does this provision count time?
- File affidavit stating recipients, addresses, places and dates of service and any omission
- Judicial-review applicant uses the established actual originating-summons service history. Within 7 specified-day-excluded days of service. 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.
- File affidavit stating recipients, addresses, places and dates of service and any omission. 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. A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
- A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
Judicial-review applicant uses the established actual originating-summons service history. Within 7 specified-day-excluded days of service. 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.
File affidavit stating recipients, addresses, places and dates of service and any omission. 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. A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)What do independently checked examples show?
Fictitious example
Judicial-review applicant. Actual originating-summons service history occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Judicial-review applicant. Actual originating-summons service history occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Within 7 specified-day-excluded days of service. A service affidavit reports actual completion and omissions; it does not itself cure omitted service. | Wednesday, October 21, 2026 |
| Example 2. Closed-day boundary | Judicial-review applicant. Actual originating-summons service history occurs on Thursday, October 15, 2026. The retained eligibility and ordinary procedural conditions apply. Within 7 specified-day-excluded days of service. A service affidavit reports actual completion and omissions; it does not itself cure omitted service. | Tuesday, October 27, 2026 |
| Example 3. Material procedural branch | Judicial-review applicant. Actual originating-summons service history 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. Summons service history complete | If someone who ought to be served was not served, the affidavit must identify the failure and its reason. Multiple service events need explicit treatment. |
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?
- Summons service history complete
- Summons service history complete
- All required recipients considered
- All required recipients considered
- Affidavit before Court at hearing
- Affidavit before Court at hearing
- Correct source counting and completion route
- Judicial-review applicant uses the established actual originating-summons service history. Within 7 specified-day-excluded days of service. 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. File affidavit stating recipients, addresses, places and dates of service and any omission. 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. A service affidavit reports actual completion and omissions; it does not itself cure omitted service.
- Judicial-review applicant. Summons service history complete; All required recipients considered; Affidavit before Court at hearing. If someone who ought to be served was not served, the affidavit must identify the failure and its reason. Multiple service events need explicit treatment.
- If someone who ought to be served was not served, the affidavit must identify the failure and its reason. Multiple service events need explicit treatment.
What must the responsible actor complete?
Questions about this procedure
What period applies to judicial review service affidavit?
What does the judicial-review service affidavit record?
Rule 5(6) requires names, addresses, places and dates for those served.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)Can the affidavit omit an unserved required recipient?
No. It must state the failure and its reason.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)What starts the seven-day filing period?
The actual summons service event, with complete multiple-recipient service history retained.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)Must the affidavit also be available at hearing?
Yes. Rule 5(6) requires it before the Court on the hearing.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)Do weekends count within these seven days?
Order 3 rule 2(5) excludes specified days from this short filing period.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)Does filing the affidavit replace missing service?
No. Rule 5(7) permits the Court to adjourn so a required person can be served.
Rules of the High Court (Cap. 4A), Order 53, rule 5(6)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Rules of the High Court (Cap. 4A), Order 53, rule 5(6) | 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 |