|1.||Can the CFA provide legal advice and representation?|
|The CFA cannot provide legal advice or representation.|
|2.||Can I appeal to the CFA?|
|The CFA hears appeals on civil and criminal matters from the High Court (the Court of Appeal and the Court of First Instance).|
|3.||Will I need leave (i.e. permission) to appeal?|
|Yes. Permission to appeal must be obtained in all cases.|
|4.||How can I suspend the effect of the Order that I want to appeal against?|
|The filing of an application for leave to appeal in the CFA does not automatically suspend the effect of the Order which is being appealed against. An appellant must make an application for a stay of execution. He can first apply to the court from whose decision he is appealing for such a stay. If that court refuses to grant stay, he may then apply to the CFA for stay.|
|5.||When should an application for leave to appeal be made?|
|An application for leave to appeal must be filed within 28 days from the date of the judgment or decision to be appealed from. In the case of civil appeals, the applicant must also give the opposite party 7 days’ notice of his intended application which may be given at any time during the period of 28 days.|
|6.||Do I have to pay a fee for filing an application for leave to appeal?|
|A fee of HK$1,045 is payable on filing an application for leave to appeal. However, the Registrar may reduce, remit or defer payment of a fee in any particular case if he thinks fit and where he does so shall endorse on the relevant document a note of the reduction, remission or deferment and the reason for it.|
|7.||What documents will I need to provide for the CFA?|
|Form A – Notice of intended application for leave to appeal and Form B – Application for leave to appeal can be found here.|
|8.||Will there be an oral hearing for my leave application?|
|There will be an oral hearing for the leave application unless it has been dismissed without a hearing under the Rule 7 procedure. Hearings are conducted in open court before the Appeal Committee consisting of three judges.|
|9.||What is the Rule 7 procedure?|
Where the Registrar is of the opinion that an application discloses no reasonable grounds for leave to appeal, or is frivolous or fails to comply with the Rules, he may issue a summons to the applicant, calling upon him to file written submissions and show cause before the Appeal Committee why the application should not be dismissed. The Appeal Committee may, after considering the matter, order that the application be dismissed without a hearing or give such other directions as the justice of the case may require.
Click here for a list of current Rule 7 summonses issued by the Registrar.
|10.||What if I am a company director?|
|If a company director wishes to represent his/her company as applicant in a leave application, that company director must apply to the Registrar of the CFA in writing to seek permission to act as the representative of the company. The application should be made by the company director by way of affirmation/affidavit. It should state the reasons why permission to act as the representative of the company should be granted. The company director also needs to explain why legal practitioners are not appointed to represent the company, and provide documents concerning the financial conditions of the company for the Court’s consideration. The Court will then make an appointment with the company director to see the Registrar of the CFA. The company director should bring with him/her all supporting documents (including annual return, auditors’ report, memorandum and articles of association and bank statements for the past 6 months) at the appointment.|
|11.||What is the test which the CFA applies when considering whether or not to grant leave to appeal?|
The grant of leave to appeal is a matter of discretion and may be exercised if the question involved in the appeal is one which, because of its great general or public importance, or otherwise, ought to be submitted to the CFA.Criminal matters
The CFA will only grant leave to appeal where:
|12.||Will I know the reasons for granting or refusing leave to appeal?|
|The Appeal Committee does not usually give reasons for granting leave to appeal but will usually give short reasons where it refuses leave.|
|13.||Can I appeal against the refusal of the Appeal Committee to grant leave to appeal?|
|No. The decision of the Appeal Committee is final and not itself subject to appeal.|
|14.||What do I need to do if leave to appeal is granted?|
Once leave to appeal is granted, appeal must be made by way of Notice of Appeal. This must be filed within 7 days after the order granting final leave to appeal was made. The appellant must serve within 7 days after filing of the Notice of Appeal a copy of the same on all other parties to the proceedings in the court below.
Form C – Notice of Appeal can be found here.
A respondent who wishes to oppose an appeal may enter an appearance within 14 days after the service on him the Notice of Appeal or within such further time as the Registrar may allow.
Form E – Appearance can be found here.
|15.||Do I have to pay a fee for filing a Notice of Appeal?|
|A fee of HK$2,090 is payable on filing a Notice of Appeal. However, the Registrar may reduce, remit or defer payment of a fee in any particular case if he thinks fit and where he does so shall endorse on the relevant document a note of the reduction, remission or deferment and the reason for it.|
|16.||Will I need to provide further documents for the appeal hearing?|
The appellant shall, within 35 days after the day of filing his Notice of Appeal, file 7 copies of his Case and forthwith serve a copy on each respondent.Part A of the Record
The appellant shall, within 14 days after the day on which final leave was granted, file 7 copies of Part A of the Record and serve a copy on every other party. This must be prepared in accordance with Rule 31 and Schedule 2 of the HKCFA Rules and shall consist of the documents generated after the completion of the hearing in the court below.Part B of the Record
The appellant shall, not later than 7 days after the day the respondent’s Case was filed, send a copy of the proposed index for Part B of the Record for the respondent’s approval. Part B must be prepared in accordance with Rule 31 and Schedule 2 of the HKCFA Rules and shall consist of the documents necessary to be laid before the CFA on the hearing of the appeal. When the parties have agreed upon the contents of Part B or in any event not later than 45 days before the date appointed for the hearing of the appeal, the appellant shall submit a copy of the proposed Part B to the Registrar for his approval. As soon as he receives notification from the Registrar of his approval of Part B, or in any event not later than 28 days before the date appointed for the hearing of the appeal, the appellant shall file 6 copies of Part B and serve a copy on every other party.List of authorities
Not less than 21 days before the date appointed for the hearing of the appeal, each party shall file a list of the authorities he proposes to cite at the hearing.
Click here for a table summary of the steps to be taken after the grant of final leave to appeal.
|17.||When does the appeal hearing take place?|
|The Registrar shall appoint a date for the hearing of the appeal and, as soon as he has done so shall notify the appellant and every other party of the date so appointed.|
|18.||What happens at the appeal hearing?|
Hearings are conducted in open court before the Court consisting of five judges. The appellant will have the opportunity to state his arguments first. The respondent will usually then be given the opportunity to make his submissions and the appellant has a right of reply.
The Court hears oral argument on the appeal and renders judgment. The Court will either pronounce a judgment at the conclusion of the hearing and hand down its reasons for judgment on a later date or will reserve judgment and hand down its reasoned decision on a later date. The parties are informed of the date of the handing down of the reasons for judgment or judgment (as the case may be).
|19.||What are the powers of the CFA?|
|The CFA may confirm, reverse or vary the decision of the court from which the appeal lies or may remit the matter with its opinion to that court, or may make such other order in the matter as it thinks fit.|