Standard Order in civil cases

• In civil cases, whenever the Appeal Committee grants leave to appeal, it shall be taken (unless expressly otherwise ordered) to be granting leave in respect of each respondent by an Order of the date when such leave was granted bearing the FAMV number concerned, upon the terms in the Standard Order set out in Schedule 1 to Practice Direction 2.3 without the necessity for further separate orders.¹
• Pursuant to the Standard Order, if parties wish to apply for a variation to the standard order, this may be made by summons to a single Permanent Judge within 10 days from the date of the Order, accompanying the summons with written submissions in support. Other party shall be at liberty to file written submissions opposing such application within 7 days of service of the said summons.
• When the CA has made an order giving final leave to appeal, a copy of the approved order must be delivered to the Clerk of Court within 5 days of the making of the order.

Filing and serving of documents

• Notice of Appeal: Once leave to appeal has been granted, appeal must be made by way of Notice of Appeal, which 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 a copy of the same on all other parties to the proceedings in the court below.
• Appearance: 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.
• Case: The appellant shall, within 35 days after the day of filing his Notice of Appeal, file his Case and forthwith serve a copy on each respondent.² The respondent shall, within 28 days after the day of the receipt by him of the appellant’s Case, file his Case and forthwith serve a copy on every other party.³ No party may be heard by the CFA unless he has previously filed his Case.⁴ As soon as all the Cases have been filed, the Registrar shall appoint a date for the hearing of the appeal.⁵
• Part A of the Record: The Appellant shall, within 14 days after the day on which final leave was granted, file Part A of the Record and serve a copy on every other party.⁶ 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 his approval.⁷ 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.⁸ 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 and serve Part B.
• 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.⁹

Other matters

• Time management: Practice Direction 2.4 addresses the issue of efficiency in the use of the Court's time. It limits the length of written materials submitted, hearings and oral submissions and filing time, both at the leave application stage and the substantive appeal stage. The rules laid down there are subject to the Court's discretion as a matter of case management.
• Withdrawal of appeal: If the appellant wishes to withdraw the appeal, an application shall be served on all the other parties as soon as reasonably practicable after it has been filed. The application to withdraw an appeal may be determined without a hearing.¹⁰ In deciding an application to withdraw an appeal, the court should essentially be concerned with matters relating to the withdrawal. It would generally not be appropriate for the court to comment on the merits of appeal.¹¹
• Dismissal for non-prosecution: Where the appellant fails to comply with any timetable imposed on him for the prosecution of his appeal by the CA or the CFA or fails to take any step in the prosecution of his appeal within the time prescribed by the HKCFA Rules and if no or insufficient explanation is offered, the CFA may order that the appeal be dismissed for non-prosecution or give such other directions.¹²
• Directions: At any time after the appellant has filed his Case, the Registrar or a single permanent judge may give such directions as the circumstances may require and may order the parties to the proceedings to appear before him for that purpose.¹³

¹ Practice Direction 2.3

² r.25 HKCFA Rules

³ r.26 HKCFA Rules

⁴ r.24 HKCFA Rules

⁵ r.41 HKCFA Rules

⁶ r.32 HKCFA Rules

⁷ r.33 HKCFA Rules

⁸ r.36 HKCFA Rules

⁹ r.42 HKCFA Rules

¹⁰ r.17 HKCFA Rules

¹¹ Kin Yuen v Joint & Several Liquidators of Kong Wah Holdings Ltd (No 2) (2008) 11 HKCFAR 509

¹² r.18 HKCFA Rules

¹³ r.64A HKCFA Rules