Clear Timeline Set for Handing Down Judgments: Introduction of Practice Direction 36

Introduction

The legal maxim “justice delayed is justice denied” is well known. Historically, parties in legal proceedings in Hong Kong have had very little guidance on the time it takes for Hong Kong Courts to hand down judgments after substantive hearings and trials.  Following the recent introduction of Practice Direction 36 (effective from 6 June 2022), practitioners now have better clarity on when judgments would be handed down.

Practice Direction 36

The new Practice Direction 36 (the “New PD”) sheds light on the estimated timeframe for the High Court of Hong Kong to hand down reserved judgments. In summary, the time to be taken by the courts depends on the following factors:

1. Nature of the case, e.g. whether it is civil or criminal;
2. Nature of the application, e.g. whether it is an interlocutory or substantive application; and
3. Complexity of the case, e.g. how long the application lasts for.

The New PD applies to all cases before the Court of First Instance, the Court of Appeal and the Masters, except for non-refoulement claims and related matters.  Here is a snapshot of the respective timeframe for the different types of cases:

Court of First Instance:

Court of Appeal:

Masters:

Notably, the New PD also requires the court to inform parties of the actual handing down date.  When reserving judgment after an oral hearing, the court must at the same time fix the actual handing down date of the judgment in accordance with the timeframes set out above (paragraph 19). For paper applications or disposals, parties will be informed of the date in writing once a judge has been assigned or immediately after the close of the parties’ submissions (paragraph 20).

Key Takeaways

With the New PD in place, parties will have better clarity and expectations as to when judgments will be delivered.  Practitioners are also now better placed to advise clients more effectively and adjust their case strategies accordingly in line with the timelines set.  That said, it remains uncertain as to whether judicial efficiency will in fact be enhanced, as judgments will be considered to be delivered “on time” so long as the time taken is within the timeframe stipulated under the New PD, which may not be necessarily shortened when compared to past practice.