### District Court Ordinance 《區域法院條例》

63. Appeals in civil matters
(Replaced 3 of 2008 s. 28)(1) Subject to subsection (3), an appeal can, with leave of a judge or the Court of Appeal, be made to the Court of Appeal from every judgment, order or decision of a judge in any civil cause or matter.
(1A) Subject to subsection (1B), an appeal lies as of right to a judge in chambers from a judgment, order or decision of a master in any civil cause or matter. (Added 3 of 2008 s. 28)
(1B) Where rules of court provide that an appeal from a specified judgment, order or decision of a master lies to the Court of Appeal, the appeal may be made to the Court of Appeal with leave of a master or the Court of Appeal. (Added 3 of 2008 s. 28)
(2) An appeal is subject to rules of court.
(3) A person against whom an order is made pursuant to section 20, 29, 48B, 52D, 52E or 53(3) is entitled to appeal to the Court of Appeal without leave.
(4) In this section, master (聆案官) means the Registrar, a deputy registrar or assistant registrar. (Added 3 of 2008 s. 28)
(Replaced 28 of 2000 s. 33. Amended 3 of 2008 s. 28)

63A. Leave to appeal
(1) Leave to appeal granted under section 63 may be granted—
(a) in respect of a particular issue arising out of the judgment, order or decision; and
(b) subject to such conditions as the judge, the master or the Court of Appeal hearing the application for leave considers necessary in order to secure the just, expeditious and economical disposal of the appeal.
(2) Leave to appeal shall not be granted unless the judge, the master or the Court of Appeal hearing the application for leave is satisfied that—
(a) the appeal has a reasonable prospect of success; or
(b) there is some other reason in the interests of justice why the appeal should be heard.
(3) In this section, master (聆案官) means the Registrar, a deputy registrar or assistant registrar.
(Added 3 of 2008 s. 29)

63B. Decision on leave to appeal final
No appeal lies from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted.
(Added 3 of 2008 s. 29)

### District Court Ordinance 《區域法院條例》

64. Powers of Court of Appeal on appeal
(1) On any appeal, the Court of Appeal may draw any inference of fact and may—
(a) order a new trial on such terms as it thinks just; or
(b) order judgment to be entered for any party; or
(c) make a final or other order on such terms as it thinks proper to ensure the determination on the merits of the real question in controversy between the parties.
(2) On any appeal, the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the Court in whole or in part, any determinations made in the Court on questions of fact, notwithstanding that the appeal is on a point of law only, or any such determinations on points of law notwithstanding that the appeal is an appeal on a question of fact only.
(3) On any appeal, the Court of Appeal may receive further evidence in accordance with the provisions of the Rules of the High Court (Cap. 4 sub. leg. A). (Amended 103 of 1970 s. 7; 25 of 1998 s. 2)
(22 of 1962 s. 40 incorporated. Amended E.R. 1 of 2013)

65. Procedure on appeal
Subject to the provisions of this Ordinance, every appeal from the Court to the Court of Appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by the Rules of the High Court (Cap. 4 sub. leg. A).
(22 of 1962 s. 41 incorporated. Amended 103 of 1970 s. 8; 25 of 1998 s. 2; E.R. 1 of 2013)

66. Stay of execution on appeal
(1) An application for a stay of execution on an appeal may be made at any time and shall, unless the Court of Appeal otherwise allows, be made in the first instance to a judge of the Court.
(2) Without prejudice to the powers of the Court of Appeal, a judge, on any such application, may grant a stay of execution on such terms as to costs, payment of money into court, giving security for the prosecution of an appeal or otherwise as he shall think fit.
(22 of 1962 s. 42 incorporated)

### District Court Ordinance 《區域法院條例》

66A. Penalty for neglect of witness summons
(1) Any person summoned in manner prescribed as a witness in the Court who—
(a) refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b) refuses to be sworn or to give evidence,

shall forfeit such fine, and serve such term of imprisonment not exceeding 2 years, as the judge may direct. (Amended 28 of 2000 s. 34)
(1A) The Court cannot punish, under subsection (1)(a), a person summoned as a witness unless he has been paid or has had tendered to him at the time of service of the summons a reasonable sum for expenses, including in prescribed cases, compensation for loss of time. (Added 28 of 2000 s. 34)
(2) Any person present in court who is required to give evidence but refuses to be sworn or to give evidence shall be punishable as aforesaid.
(3) A judge may at his discretion direct that the whole or any part of any fine paid under this section shall, after deducting the costs, be applicable towards indemnifying the party injured by the refusal or neglect without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
(Added 59 of 1981 s. 4)

66B. Witness expenses
In any proceedings in the Court, a judge or the Registrar may order the reimbursement of a witness for any expenses reasonably and properly incurred by the witness.
(Added 28 of 2000 s. 35)

68. Priority of Court of First Instance and court executions
(1) Where writs have been issued from the Court of First Instance and from the Court or from the Court only, at the suit of different plaintiffs, against the goods of the same person, the right to the goods seized shall be determined by the priority of the time of delivery of the writ to the bailiff to be executed. (Amended 25 of 1998 s. 2)
(2) The bailiff shall endorse on every such writ the date and time of the same coming to his hands for execution.
(22 of 1962 s. 44 incorporated)