52. Committal.
order 52
Committal
1. Committal for contempt of Court. (O. 52 r. 1)
(1) The power of the High Court to punish for contempt of Court may be exercised by an order of committal in Form 110.
(2) Where contempt of Court–
(a) is committed in connection with–
(i) any proceedings before the High Court; or
(ii) criminal proceedings, except where the contempt is committed in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to the Court; or
(iii) proceedings in a Subordinate Court; or
(b) is committed otherwise than in connection with any proceeding,
then, subject to paragraph (4), an order of committal may be made by the High Court.
(3) Where contempt of Court is committed in connection with any proceedings in the High Court, an order of committal may be made by a Judge of the High Court.
(4) Where by virtue of any written law the High Court has power to punish or take steps for the punishment of any person charged with having done anything in relation to a Court, tribunal or person which would, if it had been done in relation to the High Court, have been a contempt of that Court, an order of committal may be made by a Judge of the High Court.
1A. Contempt committed in the face of the Court. (O. 52, r. 1A) .
(1) If a contempt is committed in the face of the Court, it shall not be necessary to serve formal notice to show cause, but the Court shall ensure that the person alleged to be in contempt understands the nature of the offence alleged against him and has the opportunity to be heard in his own defence, and the Court shall make a proper record of the proceedings.
(2) Where a Judge is satisfied that a contempt has been committed in the face of the Court, the Judge may order the contempt nor to appear before him on the same day at the time fixed by the Court for the purpose of purging his contempt.
(3) Where such person has purged his contempt, by tendering his unreserved apology to the Court, and the Judge considers the contempt to be not of a serious nature, the Judge may excuse such person and no further action shall be taken against him.
(4) Where such person declines or refuses to purge his contempt, then the Judge shall sentence him.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
1B. Other cases of contempt. (O. 52, r. 1B) .
In all other cases of contempt of Court, formal notice to show cause why he should not be committed to the prison or fined shall be served personally.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
2. Application to Court. (O. 52 r. 2)
(1) No application to a Court for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.
(2) An application for such leave must be made ex parte to the Court, except in vacation when it may be made to a Judge in Chambers, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.
3. Application for order after leave to apply granted. (O. 52 r. 3)
(1) When leave has been granted under rule 2 to apply for an order of committal, the application for the order must be made by motion to the Court and, unless the Court or Judge granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.
(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.
(3) Subject to paragraph (4), the notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.
(4) Without prejudice to the powers of the Court or Judge under Order 62, rule 5, the Court or Judge may dispense with service of the notice of motion under this rule if it or he thinks it just to do so.
4. Saving for power to commit without application for purpose. (O. 52 r. 4)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court to make an order of committal of its own motion against a person guilty of contempt of Court.
5. Provisions as to hearing. (O. 52 r. 5)
(1) Subject to paragraph (2), The Court hearing an application for an order of committal may sit in private in the [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000] following cases, that is to say–
(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;
(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Disorders Ordinance, 1952 (31/52);
(c) where the application arises out of proceedings in which a secret process, discovery or invention was in issue;
(d) where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private,
but, except as aforesaid, the application shall be heard in open Court.
(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open Court state–
(a) the name of that person;
(b) in general terms the nature of the contempt of Court in respect of which the order of committal is being made; and
(c) if he is being committed for a fixed period, the length of that period.
(3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2.
The foregoing provisions is without prejudice to the powers of the Court under Order 20, rule 8.
(4) If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.
5 A. Contempt committed by corporation. (O.52 r.5A)
If a corporation is guilty of contempt of Court, the Court may fine the corporation or punish any officer of the corporation who caused or wilfully permitted or contributed to the contempt of Court or fine the corporation and punish the officer.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
6. Power to suspend of committal order. (O. 52 r. 6)
(1) The Court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.
(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.
7. Discharge of person committed. (O. 52 r. 7)
(1) The Court may, on the application of any person committed to prison for any contempt of Court, discharge him.
(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in Court or elsewhere, then, if the thing is in the custody or power of the person committed, the sheriff may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sheriff as it thinks fit.
8. Saving for other powers. (O. 52 r. 8)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of Court, or a person punishable by virtue of any written law in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.
9. Form of warrant of committal. (O. 52 r. 9)
A warrant for committal must be in Form 111.
order 52
Committal
1. Committal for contempt of Court. (O. 52 r. 1)
(1) The power of the High Court to punish for contempt of Court may be exercised by an order of committal in Form 110.
(2) Where contempt of Court–
(a) is committed in connection with–
(i) any proceedings before the High Court; or
(ii) criminal proceedings, except where the contempt is committed in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to the Court; or
(iii) proceedings in a Subordinate Court; or
(b) is committed otherwise than in connection with any proceeding,
then, subject to paragraph (4), an order of committal may be made by the High Court.
(3) Where contempt of Court is committed in connection with any proceedings in the High Court, an order of committal may be made by a Judge of the High Court.
(4) Where by virtue of any written law the High Court has power to punish or take steps for the punishment of any person charged with having done anything in relation to a Court, tribunal or person which would, if it had been done in relation to the High Court, have been a contempt of that Court, an order of committal may be made by a Judge of the High Court.
1A. Contempt committed in the face of the Court. (O. 52, r. 1A) .
(1) If a contempt is committed in the face of the Court, it shall not be necessary to serve formal notice to show cause, but the Court shall ensure that the person alleged to be in contempt understands the nature of the offence alleged against him and has the opportunity to be heard in his own defence, and the Court shall make a proper record of the proceedings.
(2) Where a Judge is satisfied that a contempt has been committed in the face of the Court, the Judge may order the contempt nor to appear before him on the same day at the time fixed by the Court for the purpose of purging his contempt.
(3) Where such person has purged his contempt, by tendering his unreserved apology to the Court, and the Judge considers the contempt to be not of a serious nature, the Judge may excuse such person and no further action shall be taken against him.
(4) Where such person declines or refuses to purge his contempt, then the Judge shall sentence him.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
1B. Other cases of contempt. (O. 52, r. 1B) .
In all other cases of contempt of Court, formal notice to show cause why he should not be committed to the prison or fined shall be served personally.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
2. Application to Court. (O. 52 r. 2)
(1) No application to a Court for an order of committal against any person may be made unless leave to make such an application has been granted in accordance with this rule.
(2) An application for such leave must be made ex parte to the Court, except in vacation when it may be made to a Judge in Chambers, and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.
3. Application for order after leave to apply granted. (O. 52 r. 3)
(1) When leave has been granted under rule 2 to apply for an order of committal, the application for the order must be made by motion to the Court and, unless the Court or Judge granting leave has otherwise directed, there must be at least 8 clear days between the service of the notice of motion and the day named therein for the hearing.
(2) Unless within 14 days after such leave was granted the motion is entered for hearing the leave shall lapse.
(3) Subject to paragraph (4), the notice of motion, accompanied by a copy of the statement and affidavit in support of the application for leave under rule 2, must be served personally on the person sought to be committed.
(4) Without prejudice to the powers of the Court or Judge under Order 62, rule 5, the Court or Judge may dispense with service of the notice of motion under this rule if it or he thinks it just to do so.
4. Saving for power to commit without application for purpose. (O. 52 r. 4)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court to make an order of committal of its own motion against a person guilty of contempt of Court.
5. Provisions as to hearing. (O. 52 r. 5)
(1) Subject to paragraph (2), The Court hearing an application for an order of committal may sit in private in the [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000] following cases, that is to say–
(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;
(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Disorders Ordinance, 1952 (31/52);
(c) where the application arises out of proceedings in which a secret process, discovery or invention was in issue;
(d) where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private,
but, except as aforesaid, the application shall be heard in open Court.
(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in open Court state–
(a) the name of that person;
(b) in general terms the nature of the contempt of Court in respect of which the order of committal is being made; and
(c) if he is being committed for a fixed period, the length of that period.
(3) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2.
The foregoing provisions is without prejudice to the powers of the Court under Order 20, rule 8.
(4) If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.
5 A. Contempt committed by corporation. (O.52 r.5A)
If a corporation is guilty of contempt of Court, the Court may fine the corporation or punish any officer of the corporation who caused or wilfully permitted or contributed to the contempt of Court or fine the corporation and punish the officer.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
6. Power to suspend of committal order. (O. 52 r. 6)
(1) The Court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.
(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.
7. Discharge of person committed. (O. 52 r. 7)
(1) The Court may, on the application of any person committed to prison for any contempt of Court, discharge him.
(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in Court or elsewhere, then, if the thing is in the custody or power of the person committed, the sheriff may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sheriff as it thinks fit.
8. Saving for other powers. (O. 52 r. 8)
Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of Court, or a person punishable by virtue of any written law in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.
9. Form of warrant of committal. (O. 52 r. 9)
A warrant for committal must be in Form 111.
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