Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 27

Restriction of vexatious legal proceedings

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Court of First Instance may, on the application of the Secretary for
Justice or an affected person, make an order that—

   (a)  no legal proceedings shall without the leave of the Court of 
        First Instance be instituted by the person against whom the order is
        made; and

   (b)  any legal proceedings instituted by that person in any court before
        the making of the order shall not be continued by him without the
        leave of the Court of First Instance.

(2) The Court of First Instance may not make an order under subsection (1)
unless—

   (a)  it is satisfied that the person against whom the order is to be made
        has habitually and persistently and without any reasonable ground
        instituted vexatious legal proceedings, whether in the High Court or
        in any inferior court, and whether against the same person or against
        different persons; and

   (b)  it has heard the person against whom the order is to be made or given
        him an opportunity of being heard.

(3) An order made under subsection (1)—

   (a)  may be made on such terms and conditions as the Court of First 
        Instance thinks just; and

   (b)  may provide that it is to cease to have effect at the end of a
        specified period, but shall otherwise remain in force indefinitely.

(4) A copy of an order made under subsection (1) shall be published in the
Gazette.

(5) In subsection (1), “affected person” (受影響的人) means a person
who—

   (a)  is or has been a party to any of the vexatious legal proceedings; or

   (b)  has directly suffered adverse consequences resulting from such
        proceedings. (Replaced 3 of 2008 s. 13) “affected person”
        (受影響的人)