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Originating motions are prescribed, for example, in judicial review cases, to be issued
after leave has been granted by the court.
They are likewise the stipulated means for
initiating an appeal before the Court of Appeal.
They are also how certain
applications are brought before the court under the Arbitration Ordinance,
the Trade
the Companies Ordinance,
the Patents Ordinance,
the Drug
and the Organized and Serious
Many of the classes of proceedings in which petitions are used are those excluded
from the ambit of the RHC by O 1 r 2(2), as mentioned above. However, the RHC
also prescribe their use, for instance, in relation to various non-winding-up
applications under the Companies Ordinance.
Petitions are also prescribed as the
means for bringing certain applications under various Ordinances, eg, the Limited
and the Mental Health Ordinance (Cap 136).
Notes
O 53 r 5(1).
O 59 r 3(1), O 106 r 12.
O 73, r 2.
O 100 r 2(2).
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