Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 52 r.3(2)

  • 1 Sept 2015

    SECRETARY FOR JUSTIC v. LEUNG HON LAM

    Citation
    SECRETARY FOR JUSTIC v. LEUNG HON LAM
    Court
    Court of First Instance
    Case number
    HCMP506/2015

    The Court of First Instance is bound by the Court of Appeal decision in Effiscient; for the purpose of Order 52 r.3(2) the requirement to have the originating summons 'entered for hearing' entails issuing a notice of appointment to hear the originating summons and the court has no inherent jurisdiction to extend the 14-day period for compliance in criminal contempt proceedings; accordingly the leave granted on 20 March 2015 has lapsed and the Time Summons is dismissed.

  • 1 Sept 2015

    SECRETARY FOR JUSTICE v. CHAN JEFFREY

    Citation
    SECRETARY FOR JUSTICE v. CHAN JEFFREY
    Court
    Court of First Instance
    Case number
    HCMP495/2015

    The Court held that the Court of Appeal decision in Effiscient Ltd v Lehman is binding such that, for the purpose of Order 52 r.3(2), entering an originating summons for hearing means issuing a notice of appointment to hear it; because the notices were not issued within 14 days the leave granted on 20 March 2015 lapsed; the court has no inherent jurisdiction to extend time for compliance with Order 52 r.3(2) in criminal contempt proceedings; accordingly the Time Summons was dismissed and the leave has lapsed.