H. Appeal
In respect of (1) a refusal of leave to apply for judicial review, (2) a grant of leave but on terms or (3) a refusal to extend time to apply for leave to apply for judicial review, an applicant may appeal against the judge’s order to the Court of Appeal within 14 days after such order. See e.g. Rules of the High Court (Cap. 4A) Order 53 rule 3(4)； H v Director of Immigration (2020) HKCFAR 248.
If leave is granted and the Court makes a substantive decision, the losing party may appeal against the judge’s order to the Court of Appeal within 28 days after such order.
The appeal will then be governed by the provisions under Rules of the High Court (Cap. 4A) Order 59 in respect of civil appeals, including those in relation to notice of appeal and respondent’s notice.
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