Judicial Proceedings (Adjournment During Gale Warnings) Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 62 - JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) ORDINANCE 1

Chapter: 62 JUDICIAL PROCEEDINGS (ADJOURNMENT DURING
GALE WARNINGS) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the adjournment of judicial proceedings during a gale warning or a rainstorm warning and for matters
incidental thereto or connected therewith.

(Amended 41 of 1993 s. 2)


[4 July 1969]

(Originally 37 of 1969)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance.

Section: 2 Interpretation L.N. 172 of 1999 05/07/1999


In this Ordinance, unless the context otherwise requires-
"adjourned hearing" (經延期的聆訊) means the resumed hearing of any judicial proceedings adjourned by or under

this Ordinance;
"Director" (台長) means the Director of the Hong Kong Observatory; (Amended 41 of 1993 s. 3; L.N. 362 of 1997;

39 of 1999 s. 3)
"gale warning" (烈風警告) means a warning of the occurrence of a tropical cyclone in, or in the vicinity of, Hong

Kong by the use of any of the tropical cyclone warning signals referred to in section 5(1)(a)(i); (Replaced 85 of
1978 s. 2. Amended 41 of 1993 s. 3)

"judicial proceedings" (司法程序) means any proceedings before a court, tribunal, commission or other person
having by law power to receive evidence on oath;

"period of adjournment" (延期期間) means a period during which any judicial proceedings are adjourned by section
3 or 6;

"rainstorm warning" (暴雨警告) means a warning of a heavy rainstorm in, or in the vicinity of, Hong Kong by the
use of the heavy rainstorm warning signal referred to in section 5(1)(a)(ii); (Added 41 of 1993 s. 3. Amended 21
of 1999 s. 2)

"tropical cyclone" (熱帶氣旋) means a tropical depression, a tropical storm, a severe tropical storm and a typhoon.

Section: 3 Adjournment of judicial proceedings during gale warning

or rainstorm warning
30/06/1997



(1) All judicial proceedings, part-heard or otherwise, which are set down for hearing or are being conducted at
a time which falls within the duration of a gale warning or a rainstorm warning shall stand and remain adjourned until
resumed in accordance with section 4.

(2) Notwithstanding the provisions of subsection (1) any judicial proceedings may be continued during a gale
warning or a rainstorm warning and if so continued shall have full effect in law.

(Amended 41 of 1993 s. 4)

Section: 4 Resumption of adjourned judicial proceedings 30/06/1997


Any judicial proceedings adjourned by virtue of section 3 shall be resumed on the next day, which is not a public
holiday, after the day on which the gale warning or rainstorm warning ceases at the time and place specified for such
proceedings on the date of such adjournment under section 3.

(Amended 41 of 1993 s. 5)



Cap 62 - JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) ORDINANCE 2


Section: 5 Duration of gale warning and rainstorm warning L.N. 172 of 1999 05/07/1999


(1) For the purposes of this Ordinance-
(a) (i) a gale warning shall commence when the Director issues from the Hong Kong Observatory a

report to the effect that any of the tropical cyclone warning signals commonly referred to as No.
8NW, 8SW, 8NE, 8SE, 9 or 10 is in force; and

(ii) a rainstorm warning shall commence when the Director issues from the Hong Kong Observatory
a report to the effect that the heavy rainstorm warning signal commonly referred to as Black is in
force; and (Amended 21 of 1999 s. 3)

(b) the gale warning or rainstorm warning as the case may be shall cease when the Director issues from
the Hong Kong Observatory a report to the effect that none of the signals mentioned in paragraph (a)
remains in force. (Replaced 41 of 1993 s. 6. Amended L.N. 362 of 1997)

(2) As soon as practicable after a gale warning or a rainstorm warning ceases the Director shall by notice in the
Gazette declare the times at which and the days on which the gale warning or rainstorm warning commenced and
ceased. (Amended 41 of 1993 s. 6)

Section: 6 Chief Justice may order adjournment or resumption of

judicial proceedings
30/06/1997



(1) Notwithstanding sections 3 and 4, the Chief Justice may by order provide for-
(a) the adjournment of any judicial proceedings; and
(b) the resumption of any judicial proceedings adjourned under paragraph (a) or by virtue of section 3,

if, in his opinion, it is expedient to do so, by reason of a tropical cyclone, a heavy rainstorm or any circumstances
arising therefrom, including its passing. (Amended 41 of 1993 s. 7)

(2) Any order made under subsection (1) shall be published in the Gazette as soon as practicable after the
making thereof and, in the case of an order for resumption, shall specify the day and the time when the adjourned
proceedings shall be resumed.

(Replaced 37 of 1972 s. 3)

Section: 7 Attendance at adjourned hearing 30/06/1997


(1) Any person who-
(a) being a prosecutor or witness, is bound over, by recognizance or otherwise, to appear in, or attend at,

any judicial proceedings set down for hearing on a day and at a time which falls within a period of
adjournment;

(b) being a defendant or an accused, is admitted to bail or is otherwise required to appear in, or attend at,
any judicial proceedings set down for hearing on a day and at a time which falls within a period of
adjournment,

shall attend the adjourned hearing.
(2) Any person who is remanded in custody and is required to be produced before a court for purposes of any

judicial proceedings on a day and at a time which falls within a period of adjournment shall be produced before the
court at the adjourned hearing.

Section: 8 Persons arrested or detained by police 30/06/1997


(1) Where a person is discharged under section 52(1) of the Police Force Ordinance (Cap 232) upon his
entering into a recognizance, with or without sureties, to appear before a magistrate or to surrender for service of a
warrant of arrest and detention or for discharge at the time named in the recognizance and such time falls within the
duration of a gale warning or a rainstorm warning the time shall be deemed to be extended until the same time on the
next day, which is not a public holiday, after the day on which the gale warning or rainstorm warning ceases.

(2) Where any person is detained in custody under section 52(1) or (4) of the Police Force Ordinance (Cap 232)
during a gale warning or a rainstorm warning and it is not practicable to produce the person before a magistrate within
the time limit prescribed in the said subsection (1) or (4), as the case may be, he shall be produced before a magistrate



Cap 62 - JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) ORDINANCE 3

on the next day, which is not a public holiday, after the day on which the gale warning or rainstorm warning ceases.
(Amended 41 of 1993 s. 8)


Section: 9 Attendance on summons, etc. 30/06/1997


(1) Any person who is required by a summons or other court process or otherwise to attend any judicial
proceedings on a day and at a time which falls within a period of adjournment shall attend the adjourned hearing.

(2) Any person who is required by a subpoena or otherwise to produce any document or other thing at any
judicial proceedings on a day and at a time which falls within a period of adjournment shall produce the document or
other thing at the adjourned hearing.

Section: 10 (Repealed 43 of 1983 s. 3) 30/06/1997




Section: 11 Penalty for wilful default 30/06/1997


A person who fails to comply with any of the provisions of section 7, 8 or 9 shall not incur any penalty for such
default unless the default is wilful.

Related Laws