### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

23. Leave to appeal*
(1) No appeal shall be admitted unless either—
(a) leave to appeal has been granted by the Court of Appeal; or
(b) in the absence of such leave, leave has been granted by the Court.
(2) (Repealed 20 of 2014 s. 9) Editorial Note:

* For the application provision relating to the amendments made by 20 of 2014, see section 7 of 20 of 2014. 

24. Applications for leave to appeal
(1) Applications to the Court of Appeal or the Court for leave to appeal shall be made by motion.
(2) Notice of a motion for the purpose of subsection (1) shall be filed within 28 days from the date of the judgment to be appealed from, and the applicant shall give the opposite party 7 days notice of his intended application and such notice may be given at any time during the period of 28 days.
(3) If an application for leave is refused by the Court of Appeal or in the case of an appeal from a determination, judgment, order or decision of the Court of First Instance referred to in section 22(1)(c), (d), (e), (f) or (g), an application may be made to the Court for leave and such application shall be made by motion. (Amended 21 of 2001 s. 53; 13 of 2021 s. 16; 14 of 2021 s. 473; 8 of 2022 s. 17)
(4) Notice of a motion for the purpose of subsection (3) shall be filed within 28 days from the date on which the application for leave is refused by the Court of Appeal, and the applicant shall give the opposite party 7 days notice of his intended application and that notice may be given at any time during the period of 28 days.
(5) The Court of Appeal or the Court, as the case may be, may, on such terms as it considers appropriate, by order extend the period within which the applicant is required or authorized by subsection (2) or (4) to do any act.
(6) The Court of Appeal or the Court, as the case may be, may extend any such period as is referred to in subsection (5) even though the application for extension is not made until after the expiration of that period.

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

25. Grant of leave to appeal*
(1) Where the Court of Appeal or the Court decides to grant leave to appeal pursuant to an application made under section 24 it may grant leave subject to such conditions as it considers necessary. (Amended 20 of 2014 s. 10)
(2) Without restricting the generality of subsection (1) leave granted under subsection (1) may be granted—
(a) upon a condition that the appellant shall enter into good and sufficient security, for the due prosecution of the appeal, and the payment of all such costs as may become payable to the respondent in the event of the appeal being dismissed for non-prosecution, or of the Court ordering the appellant to pay the respondent’s costs of the appeal; and
(b) upon such other conditions (if any) as to the time or times within which the appellant shall procure the preparation of the record as the Court of Appeal or the Court considers appropriate.
(3) The security required under subsection (2)(a) shall—
(a) be entered into within a period to be fixed by the Court of Appeal or the Court, but not exceeding 3 months from the date on which the application for leave to appeal is granted; and
(b) be to the satisfaction of the Court of Appeal or the Court in a sum not exceeding $400,000 in respect of each respondent.
(4) The Court of Appeal or the Court, as the case may be, may vary any conditions it has imposed under this section in such manner as it considers fit.
(5) The Chief Executive in Council may by order published in the Gazette amend subsection (3)(b) to vary the amount specified. (Amended 120 of 1997 s. 4)
(6) Without prejudice to subsection (2) the Court of Appeal or the Court, as the case may be, may when granting leave under subsection (1) impose a timetable on any party for the prosecution of the appeal and may either on the application of a party or of its own motion vary that timetable.

Editorial Note:

* For the application provision relating to the amendments made by 20 of 2014, see section 7 of 20 of 2014. 

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

26. Stay of execution
(1) Where a judgment appealed from requires the appellant to pay money or perform a duty, the Court of Appeal or the Court, as the case may be, shall have power, when granting leave to appeal or subsequently, either to direct that the judgment shall be carried into execution or that the execution shall be suspended pending the appeal.
(2) Where the Court of Appeal or the Court directs the judgment appealed from to be carried into execution, the person in whose favour it was given shall, before the execution, enter into good and sufficient security, to the satisfaction of the Court of Appeal or the Court, as the case may be, for the due performance of such order as the Court shall make in respect of the appeal.
(3) Where the Court of Appeal or the Court directs that the execution of the judgment appealed from shall be suspended pending the appeal, the appellant shall enter into good and sufficient security, to the satisfaction of the Court of Appeal or the Court, as the case may be, for the due performance of such order as the Court shall make in respect of the appeal.

27. Notice of application
(1) On an application for final leave to appeal, the Court of Appeal or the Court, as the case may be, may inquire whether notice or sufficient notice of the application has been given by the appellant to all parties concerned.
(2) If the Court of Appeal or the Court, as the case may be, is not satisfied that notice or sufficient notice of an application for final leave to appeal has been given, it may defer the granting of the final leave to appeal or may give such other directions in the matter as it thinks fit.

27A. Definitions
In this Division—
Court of First Instance (原訟法庭) means the Court of First Instance of the High Court;
judge (法官) means a judge of the Court of First Instance, a recorder of the Court of First Instance or a deputy judge of the Court of First Instance.
(Added 11 of 2002 s. 4)

27B. Civil appeals
(1) Notwithstanding section 22, an appeal may lie to the Court at the discretion of the Court of First Instance and the Court, from any judgment of the Court of First Instance in any civil cause or matter if the criteria set out in section 27C(1)(a), (b) and (c) are satisfied.
(2) No appeal shall be admitted unless—
(a) a certificate has been issued by a judge under section 27C; and
(b) leave to appeal has been granted by the Court under section 27D.
(Added 11 of 2002 s. 4)