ORDER 52 COMMITTAL
1 Committal for contempt of Court (O. 52, r. 1)
2 Application to Court (O. 52, r. 2)
3 Application for order after leave to apply granted (O. 52, r. 3)
4 Saving for power to commit without application (O. 52, r. 4)
5 Provisions as to hearing (O. 52, r. 5)
6 Power to suspend execution of committal order (O. 52, r. 6)
7 Discharge of person committed (O. 52, r. 7)
8 Saving for other powers (O. 52, r. 8)
9 Form of warrant for committal (O. 52, r. 9)

 

 

ORDER 52

COMMITTAL

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 with —

(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 178);

(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 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 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 do so.

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 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.

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.