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Hong Kong · civil procedure

What period applies to appeal refusal of judicial review leave?

Within 14 days after that order. Appeal to the Court of Appeal. The calculation does not establish appeal grounds or undo the leave decision.

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Period
Within 14 days after that order
Trigger
Judge’s order refusing leave or granting it on terms
Rule
Rules of the High Court (Cap. 4A), Order 53, rule 3(4)
Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

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 appeal refusal of judicial review leave?

Within 14 days after that order. Appeal to the Court of Appeal. The calculation does not establish appeal grounds or undo the leave decision.

Responsible actor. Applicant challenging refusal or conditional grant of leave.

Judge’s order refusing leave or granting it on terms

Within 14 days after that order

Applicant challenging refusal or conditional grant of leave. Actual Order 53 leave decision; Refusal or challenged terms; Operative order date. This special leave-review appeal differs from the ordinary twenty-eight-day appeal against a substantive judgment.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

How does this provision count time?

  1. Appeal to the Court of Appeal
  2. Applicant challenging refusal or conditional grant of leave uses the established judge’s order refusing leave or granting it on terms. Within 14 days after that order. 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.
  3. Appeal to the Court of Appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The calculation does not establish appeal grounds or undo the leave decision.
  4. The calculation does not establish appeal grounds or undo the leave decision.
  5. A closed interparty or combined endpoint needs separate source qualification. An ordinary weekday calculation does not certify this boundary.

Applicant challenging refusal or conditional grant of leave uses the established judge’s order refusing leave or granting it on terms. Within 14 days after that order. 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.

Appeal to the Court of Appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The calculation does not establish appeal grounds or undo the leave decision. 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 53, rule 3(4)

What do independently checked examples show?

Fictitious example

Applicant challenging refusal or conditional grant of leave. Judge’s order refusing leave or granting it on terms occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsApplicant challenging refusal or conditional grant of leave. Judge’s order refusing leave or granting it on terms occurs on Friday, October 9, 2026. The retained eligibility and ordinary procedural conditions apply. Within 14 days after that order. The calculation does not establish appeal grounds or undo the leave decision.Friday, October 23, 2026
Example 2. Closed-day boundaryApplicant challenging refusal or conditional grant of leave. Judge’s order refusing leave or granting it on terms occurs on Monday, October 5, 2026. The retained eligibility and ordinary procedural conditions apply. Within 14 days after that order. The calculation does not establish appeal grounds or undo the leave decision.A closed interparty completion requires separate Cap.1 section71 and applicable Rules qualification. No unverified service carry is inferred.
Example 3. Material procedural branchApplicant challenging refusal or conditional grant of leave. Judge’s order refusing leave or granting it on terms 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 Order 53 leave decisionThis special leave-review appeal differs from the ordinary twenty-eight-day appeal against a substantive judgment.
Example resultFriday, October 23, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Try these dates in the calculator

Which conditions and exceptions apply?

Actual Order 53 leave decision
Actual Order 53 leave decision
Refusal or challenged terms
Refusal or challenged terms
Operative order date
Operative order date
Correct source counting and completion route
Applicant challenging refusal or conditional grant of leave uses the established judge’s order refusing leave or granting it on terms. Within 14 days after that order. 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. Appeal to the Court of Appeal. An office calendar does not automatically change this service, deemed-event, minimum-interval or status boundary. The source and the actual completion route control. The calculation does not establish appeal grounds or undo the leave decision.
Rules of the High Court (Cap. 4A), Order 53, rule 3(4)
  • Applicant challenging refusal or conditional grant of leave. Actual Order 53 leave decision; Refusal or challenged terms; Operative order date. This special leave-review appeal differs from the ordinary twenty-eight-day appeal against a substantive judgment.
  • This special leave-review appeal differs from the ordinary twenty-eight-day appeal against a substantive judgment.

What must the responsible actor complete?

Questions about this procedure

What period applies to appeal refusal of judicial review leave?

Does the ordinary twenty-eight-day appeal period apply?

Order 53 rule 3(4) specifies fourteen days for refusal of leave or a grant on terms.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Can terms attached to leave be appealed?

The provision expressly includes leave granted on terms.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Does notification rather than the order start the period?

Rule 3(4) identifies the judge’s order. Retain its operative date.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Which Court receives the appeal?

The Court of Appeal under the specific Order 53 provision.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Does filing a new leave application replace the appeal?

No. The page concerns the prescribed appeal against the judge’s order.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Does the outcome revive the original three-month period?

Do not infer that. The leave appeal and original grounds-accrual requirement are distinct.

Rules of the High Court (Cap. 4A), Order 53, rule 3(4)

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Rules of the High Court (Cap. 4A), Order 53, rule 3(4)Check the identified procedure, event, counting rule or qualification
Rules of the High Court (Cap.4A), Order3 rules1–5 and Order64 rule1Check the identified procedure, event, counting rule or qualification
High Court Ordinance (Cap.4), section31(1), including its endorsed-writ provisoCheck 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 ScheduleCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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