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Hong Kong · civil procedure

What period applies to judicial review leave time limit?

Promptly and in any event within 3 calendar months unless extended. Apply for judicial-review leave promptly. The outer date is not permission to delay until that date.

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Period
Promptly and in any event within 3 calendar months unless extended
Trigger
When the grounds first arose, subject to the certiorari rule
Rule
Rules of the High Court (Cap. 4A), Order 53, rule 4(1)
Rules of the High Court (Cap. 4A), Order 53, rule 4(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 judicial review leave time limit?

Promptly and in any event within 3 calendar months unless extended. Apply for judicial-review leave promptly. The outer date is not permission to delay until that date.

Responsible actor. Applicant seeking leave for judicial review.

When the grounds first arose, subject to the certiorari rule

Promptly and in any event within 3 calendar months unless extended

Applicant seeking leave for judicial review. Actual grounds-accrual date established; Applicable shorter statute checked; No granted extension. For certiorari against a judgment, order, conviction or proceeding, rule 4(2) identifies that decision event. Promptness can require action before three months.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

How does this provision count time?

  1. Apply for judicial-review leave promptly
  2. Applicant seeking leave for judicial review uses the established when the grounds first arose, subject to the certiorari rule. Promptly and in any event within 3 calendar months unless extended. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.
  3. Apply for judicial-review leave promptly. 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. The outer date is not permission to delay until that date.
  4. The outer date is not permission to delay until that date.

Applicant seeking leave for judicial review uses the established when the grounds first arose, subject to the certiorari rule. Promptly and in any event within 3 calendar months unless extended. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.

Apply for judicial-review leave promptly. 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. The outer date is not permission to delay until that date.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

What do independently checked examples show?

Fictitious example

Applicant seeking leave for judicial review. When the grounds first arose, subject to the certiorari rule occurs on Thursday, July 9, 2026. The retained eligibility and ordinary procedural conditions apply.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsApplicant seeking leave for judicial review. When the grounds first arose, subject to the certiorari rule occurs on Thursday, July 9, 2026. The retained eligibility and ordinary procedural conditions apply. Promptly and in any event within 3 calendar months unless extended. The outer date is not permission to delay until that date.Friday, October 9, 2026
Example 2. Closed-day boundaryApplicant seeking leave for judicial review. When the grounds first arose, subject to the certiorari rule occurs on Sunday, July 19, 2026. The retained eligibility and ordinary procedural conditions apply. Promptly and in any event within 3 calendar months unless extended. The outer date is not permission to delay until that date.Tuesday, October 20, 2026
Example 3. Material procedural branchApplicant seeking leave for judicial review. When the grounds first arose, subject to the certiorari rule occurs on Thursday, July 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 grounds-accrual date establishedFor certiorari against a judgment, order, conviction or proceeding, rule 4(2) identifies that decision event. Promptness can require action before three months.
Example resultFriday, October 9, 2026

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

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Which conditions and exceptions apply?

Actual grounds-accrual date established
Actual grounds-accrual date established
Applicable shorter statute checked
Applicable shorter statute checked
No granted extension
No granted extension
Correct source counting and completion route
Applicant seeking leave for judicial review uses the established when the grounds first arose, subject to the certiorari rule. Promptly and in any event within 3 calendar months unless extended. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule. Apply for judicial-review leave promptly. 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. The outer date is not permission to delay until that date.
Rules of the High Court (Cap. 4A), Order 53, rule 4(1)
  • Applicant seeking leave for judicial review. Actual grounds-accrual date established; Applicable shorter statute checked; No granted extension. For certiorari against a judgment, order, conviction or proceeding, rule 4(2) identifies that decision event. Promptness can require action before three months.
  • For certiorari against a judgment, order, conviction or proceeding, rule 4(2) identifies that decision event. Promptness can require action before three months.

What must the responsible actor complete?

Questions about this procedure

What period applies to judicial review leave time limit?

Can the applicant safely wait three months?

No. Order 53 rule 4(1) separately requires promptness.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

What starts the outer leave period?

The date grounds first arose, with paragraph (2)’s specified decision date for certiorari.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

Can a shorter statute override three months?

Yes. Rule 4(3) preserves statutory provisions limiting judicial-review time.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

Can the Court extend the leave period?

Rule 4(1) permits extension where the Court considers there is good reason. A request is not a granted extension.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

Does this deadline govern the later originating summons?

No. After leave, Order 53 rule 5(5) provides the separate fourteen-day issue requirement.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

Does receiving legal advice create a new accrual date?

Not automatically. Establish when the legal grounds first arose under the actual facts.

Rules of the High Court (Cap. 4A), Order 53, rule 4(1)

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Rules of the High Court (Cap. 4A), Order 53, rule 4(1)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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