PD 11.
B Materials Required in Ex Parte Applications for Interim Relief
(1) General
25. In all applications ex parte for the grant, continuance or discharge of an order for interim
relief (including, but not limited to, injunctive relief), the papers together with a draft of the Order
which the Court will be invited to make should be delivered to the Court sufficiently long before
the hearing to enable the Judge to read and digest them all before the hearing.
26. Usually the issue of a writ or originating summons and the swearing of an affidavit in support
of an ex parte application for interim relief is required before the application is made. This
includes the situation where interim relief is sought in aid of proceedings outside of Hong Kong
pursuant to High Court Ordinance (Cap. 4), section 21M (see Order 29, rule 8A of the Rules of
the High Court (Cap. 4A)).
27. Where disclosures not contained in the evidence or skeleton argument are made orally during
the ex parte hearing, an undertaking to the Court will be required to file and serve a supplemental
affidavit setting out these further disclosures.
28. If in very exceptional circumstances precise compliance with this Practice Direction is not
possible, the Court will expect an explanation as to why this is so.
(2) Affidavits
29. The affidavit(s) in support of the application should be limited to evidence necessary to give
a clear, concise and fair statement of relevant facts.
30. Affidavits should not contain submissions and argument.
31. Exhibits to affidavits should be strictly limited to the issues in the application. No documents
should be exhibited which are not of essential importance.
32. The affidavit in support should contain a clear and concise statement of the following:
(1) the facts giving rise to the claim against the defendant;
(2) the facts giving rise to the claim for interim relief;
(3) the facts relied upon as justifying the application ex parte for each part of the Order
sought (including details of any prior notice given to the defendant or the reasons for
giving no such notice);
(4) any answer either asserted or likely to be asserted by the defendant in response to the
applicant’s claims for interim and substantive relief;
(5) any facts known to the applicant which might lead the Court not to grant the relief
sought or not to grant suchrelief ex parte; and
(6) the precise relief sought.
(3) Skeleton Arguments
33. The application should be accompanied by a skeleton argument setting out precisely and
succinctly how it is said that the case meets the requirements for the Order sought.
34. Where it is claimed that there are any exceptional circumstances justifying the interim relief
being sought, those circumstances should be specified.
35. The skeleton argument should also specify the relevant passages in any affidavits and
documentary evidence being relied upon.
36. The skeleton argument lodged with the Court must be served on the opposite party (including
where the hearing is ex parte on notice) together with the Order and evidence.
(4) Orders
37. Applicants for ex parte relief should prepare and lodge with the papers relating to the
application a draft minute of the Order sought. Such minute should specify the precise relief
which the Court is asked to grant.
38. While the undertakings required of an applicant will vary from case to case, an applicant will
usually be required:
(1) to give an undertaking in damages;
(2) to notify the defendant of the terms of the Order forthwith by appropriate means;
(3) to pay the reasonable costs and expenses of compliance with the Order incurred by a
third party to whom notice of the Order is given;
(4) if proceedings have not been issued, to issue them forthwith; and
(5) if a draft affidavit has not been sworn, or where other facts have been placed before
the Court or disclosures made orally, to procure the swearing of the affidavit or the
verification on affidavit of the disclosures made or facts orally outlined to the Court.
39. The Order should, as a general rule, contain provision:
(1) for the defendant to apply on notice for discharge or variation of the Order;
(2) for a return date, of an inter partes hearing; and
(3) for the costs to be reserved.
