H.B.M. SUBJECTS IN CHINA AND COREA
(5) Where a plaintiff, being a foreigner, obtains an order in the Court against two or more defendants being British subjects jointly, and ʼn another action one of them is plaintiff and the foreigner is defendant the Court may, if it thinks fit, on the application of the British subject, tay the enforcement of the order pending that other action, and may set ff any amount ordered to be paid by one party in one action against any mount ordered to be paid by the other party in the other action, without rejudice to the right of the British subject to require contribution from is co-defendants under the joint liability.
(6) Where a foreigner is co-plaintiff in a suit with a British subject ho is within the particular jurisdiction, it shall not be necessary for the preigner to give security for costs, unless the Court so directs, but the o-plaintiff British subject shall be responsible for all fees and costs.
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of British
Chinese or
152.-(1) Where it is proved that the attendance within the parti- Attendance ular jurisdiction of a British subject to give evidence, or for any other subjects urpose connected with the administration of justice, is required in a before Court of China or Corea, or before a Chinese or Corean judicial officer, or foreign
a Court or before a judicial officer of a State in amity with His Tribunals. Majesty, the Court may, if it thinks fit, in a case and in circumstances n which the Court would require his attendance before the Court, order hat he do attend in such Court, or before such judicial officer, and for uch purpose as aforesaid.
(2) A Provincial Court, however, cannot so order attendance at any lace beyond its particular jurisdiction.
(3) If the person ordered to attend, having reasonable notice of the me and place at which he is required to attend, fails to attend accord- hgly, and does not excuse his failure to the satisfaction of the Court, e shall (independently of any other liability) be guilty of an offence gainst this Order.
153. When a British subject invokes or submits to the jurisdiction fa Chinese, Corean, or foreign Tribunal, and engages in writing to bide by the decision of that Tribunal, or to pay any fees or expenses rdered by such Tribunal to be paid by him, the Supreme Court, or any Provincial Court may, on such evidence as it thinks fit to require, aforce payment of such fees and expenses in the same manner as if they ere fees payable in a proceeding by such person in that Court, and shall ay over or account for the same when levied to the proper Chinese, orean, or foreign authority, as the Court may direct..
154.-(1) The Supreme Court may upon the application of any British subject or foreigner who has obtained a judgment or order for the ecovery or payment of money in a foreign Court in China or Corea gainst a person subject to the jurisdiction of that Court, and upon a ertificate by the proper officer of the foreign Court that such judgment as been recovered or order made (specifying the amount), and that it is ill unsatisfied, and that a British subject is alleged to be indebted to ach debtor and is within the jurisdiction, order that all debts owing or ccruing from such British subject (hereinafter called the garnishee) to ach debtor shall be attached to answer the judgment or order; and by he same or a subsequent order, may order the garnishee to pay his debt so much as may be sufficient to satisfy the judgment or order of the reign Court.
(2) The proceedings for the summoning of the garnishee, for the certainment of his liability, and for the payment of money ordered by he Court to be paid, and all matters for giving effect to this Article, may
e regulated by Rules of Court.
(3) An order shall not be made under this Article unless the Court satisfied that the foreign Court is authorized to exercise similar power
Actions by
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British subjects in Chinese or foreign Court.
Garnishee proceedings judgment of
in aid of
foreign Court.
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