Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 8

ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS

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

1. Application (O. 8, r. 1)

The provisions of this Order apply to all motions required or authorized under
a written law, subject to any provisions relating to any class of motion made
by that written law or any other written law. (L.N. 152 of 2008)

2. Notice of motion (O. 8, r. 2)

(1) Except where an application by motion may properly be made ex parte, no
motion shall be made without previous notice to the parties affected thereby,
but the Court, if satisfied that the delay caused by proceeding in the
ordinary way would or might entail irreparable or serious mischief, may make
an order ex parte on such terms as to costs or otherwise, and subject to such
undertaking, if any, as it thinks just; and any party affected by such order
may apply to the Court to set it aside.

(2) Unless the Court gives leave to the contrary, there must be at least 2
clear days between the service of notice of a motion and the day named in the
notice for hearing the motion.

3. Form and issue of notice of motion (O. 8, r. 3)

(1) The notice of an originating motion must be in Form No. 13 in Appendix A
and the notice of any other motion in Form No. 38 in that Appendix. Where
leave has been given under rule 2(2) to serve short notice of motion, that
fact must be stated in the notice.

(2) The notice of a motion must include a concise statement of the nature of
the claim made or the relief or remedy required.

(3) Order 6, rule 5, shall, with the necessary modifications, apply in
relation to notice of an originating motion as it applies in relation to a
writ.

(4) The notice of an originating motion by which proceedings are begun must be
issued out of the Registry.

(6) Issue of the notice of an originating motion takes place upon its being
sealed by an officer of the Registry.

4. Service of notice of motion with writ, etc. (O. 8, r. 4)

Notice of a motion to be made in an action may be served by the plaintiff on
the defendant with the writ of summons or originating summons or at any time
after service of such writ or summons, whether or not the defendant has
acknowledged service in the action.

5. Adjournment of hearing (O. 8, r. 5)

The hearing of any motion may be adjourned from time to time on such terms, if
any, as the Court thinks fit.

6. Transitional provision relating to
originating and other motions
(O. 8, r. 6)

Where, immediately before the commencement* of the Amendment Rules 2008, an
application, request or appeal by motion or originating motion made under a
provision amended by Part 5 of the Amendment Rules 2008 is pending, then the
application, request or appeal is to be determined as if that provision had
not been so amended. (L.N. 152 of 2008) (Enacted 1988)
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* Commencement day: 2 April 2009.