Committal for contempt
of Court (O. 52, r. 1)
1. —(1) The power of the Court or the Court
of Appeal to punish for contempt of Court may be exercised
by an order of committal in Form 110.
(2) Where contempt of Court is committed in connection
(a) any proceedings in the High Court; or
(b) any proceedings in the Subordinate Courts,
an order of committal may be made by the High Court
or Subordinate Courts, as the case may be.
(3) Where contempt of Court is committed otherwise than
in connection with any proceedings, an order of committal
may be made only by the High Court.
(4) Where contempt of the Court of Appeal is committed,
an order of committal may be made by the High Court
or the Court of Appeal.
(5) 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 the High Court.
Application to Court
(O. 52, r. 2)
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 a Judge 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 when the application is
made, verifying the facts relied on.
Application for order
after leave to apply granted (O. 52, r. 3)
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 in the summons or the action
in which leave was obtained, and, unless the Judge granting
leave has otherwise directed, there must be at least
8 clear days between the service of the application
and the day named therein for the hearing.
(2) The application for the order of committal must
be made by motion in the Supreme Court and by summons
in the Subordinate Courts.
(3) Unless within 14 days after such leave was granted
the application for the order of committal is entered
for hearing, the leave shall lapse.
(4) Subject to paragraph (5), the ex parte summons,
the statement and the affidavit in support of the application
for leave under Rule 2, the order granting leave and
the application for the order of committal must be served
personally on the person sought to be committed.
(5) Without prejudice to Order 62, Rule 5, the Court
may dispense with service of the documents stated in
paragraph (4) if he thinks it just to do so.
Saving for power to
commit without application (O. 52, r. 4)
4. Nothing in Rules 1, 2 and 3 shall be taken
as affecting the power of the High Court or the Court
of Appeal to make an order of committal of its own motion
against a person guilty of contempt of Court.
Provisions as to hearing
(O. 52, r. 5)
5. —(1) Subject to paragraph (2), the Court
hearing an application for an order of committal may
sit in private in the following cases:
(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 and Treatment Act (Chapter
(c) where the application arises out of proceedings
in which a secret process, discovery or invention
was in issue; and
(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
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 provision 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
Power to suspend execution
of committal order (O. 52, r. 6)
6. —(1) The Court 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
(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.
Discharge of person
committed (O. 52, r. 7)
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.
Saving for other powers
(O. 52, r. 8)
8. Nothing in Rules 1 to 7 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 Court, to pay a fine
or to give security for his good behaviour, and those
Rules, 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.
Form of warrant for
committal (O. 52, r. 9)
9. A warrant for committal must be in Form 111.