Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 58

APPEALS FROM MASTERS

(Past version on 05/05/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

1. Appeals from certain decisions of masters to a judge in chambers (O. 58, r.
1)

(1) Except as provided by rule 2, Order 5, rule 6, and Order 12, rule 1, an
appeal shall lie to a judge in chambers from any judgment, order or decision
of a master, irrespective of whether the judgment, order or decision was given
or made on the basis of written submissions only or after hearing. (L.N. 152
of 2008)

(2) The appeal shall be brought by serving on every other party to the
proceedings in which the judgment, order or decision was given or made a
notice to attend before the judge on a day specified in the notice or as on
such other day as may be directed.

(3) Unless the Court otherwise orders, the notice must be issued within 14
days after the judgment, order or decision appealed against was given or made
and must be served within 5 days after issue and an appeal to which this rule
applies shall not be heard sooner than 2 clear days after such service. (L.N.
404 of 1991; L.N. 129 of 2000)

(4) Except so far as the Court may otherwise direct, an appeal under this rule
shall not operate as a stay of the proceedings in which the appeal is brought.

(5) No further evidence (other than evidence as to matters which have occurred
after the date on which the judgment, order or decision was given or made) may
be received on the hearing of an appeal under this rule except on special
grounds. (L.N. 152 of 2008)

2. Appeals from certain decisions of masters to Court of Appeal (O. 58, r. 2)

An appeal shall lie to the Court of Appeal from any judgment, order or
decision (other than an interlocutory judgment, order or decision) of a
master, given or made- (HK)(a) on the hearing or determination of any cause,
matter, question or issue tried before him under Order 14, rule 6(2) and Order
36, rule 1;

   (b)  on an assessment of damages under Order 37 or otherwise; or (HK)(c) on
        the hearing or determination of an application under Order 84A, rule
        3; or (L.N. 127 of 1995) (HK)(d) on the hearing or determination of an
        application under Order 49B; or (HK)(e) on the hearing of a petition
        for winding-up or bankruptcy. (L.N. 404 of 1991)

7. Appeal from judgment, etc. of judge in interpleader proceedings (O. 58, r.
7)

(1) Any judgment, order or decision of a judge given or made in summarily
determining under Order 17, rule 5(2)(b) or (c), any question at issue between
claimants in interpleader proceedings shall be final and conclusive against
the claimants and all persons claiming under them unless leave to appeal to
the Court of Appeal is given by the judge or the  Court of Appeal.

(2) Where an interpleader issue is tried by a judge (with or without a jury),
an appeal shall lie to the Court of Appeal, without the leave of the judge or
that Court, from any judgment, order or decision given or made by the judge on
the trial.

(3) (Repealed L.N. 152 of 2008) (Enacted 1988)