Addition of
2
(ii) by deleting “, but the Crown shall be a necessary pa the proceedings";
(c) in subsection (4) by inserting after “desirable” the following—
"; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceedings shall serve notice of the addition on the Director";
(d) in subsection (5) by deleting "subsection (6), every person" and
substituting the following-
"subsections (6) and (7), the Director and every other person"; and
(e) by inserting after subsection (6) the following---
4.
"(7) Subsection (6) shall not apply to service on the Director.".
The principal Ordinance is amended by adding after section 3 the
new sections 3A following-
and 3B.
"Addition of Attorney General as defendant.
Memorandum for stay of proceedings.
3A. (1) In any proceedings under this Ordinance the Attorney General may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant.
(2) The Attorney General shall serve notice of his addition as a party, on every other party to this proceedings.
(3) Any provision in this Ordinance or the Partition Rules by which any document is required to be served on the Director shall, where the Attorney General is added as a defendant under subsection (1), have effect thereafter as if it required the Attorney General to be served as a party and not the Director.
3B. (1) In any proceedings under this Ordinance, at any stage except after the addition of the Attorney General if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum.
(2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.
(3) The filing of a memorandum under this section-
(a) shall not operate to prevent the making of—
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
(Cap. 4.)
5.
3
(ii) an order to prevent the lapse of a caveat against dealings with land; or
(iii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable injustice;
(b) unless otherwise ordered by a judge, shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.
(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge.
(5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the Supreme Court Ordinance or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction.
(6) In this section--
"judge", in relation to proceedings, means a judge of the court
in which the proceeding are pending; and "Registrar" means the Registrar of the Supreme Court and
includes a deputy or assistant registrar.".
Section 5 of the principal Ordinance is amended
(a) by renumbering the existing section as subsection (1) thereof; and (b) by inserting after subsection (1) the following-
6. followng
"Power to make rules.
7.
"(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the perosn having the conduct of the proceedings.".
Amendment of section 5.
The principal Ordinance is amended by adding after section 9 the Addition of
10. The Chief Justice may make rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of practice and procedure and incidental matters arising out of this Ordinance, and for carrying this Ordinance into effect.”.
new section 10.
Nothing in this Ordinance shall affect any proceedings com- Transitional. menced under the principal Ordinance before the commencement of this Ordinance and any such proceedings may be continued under the principal Ordinance as if this Ordinance had not been enacted.
Explanatory Memorandum
The principal objects of the amendments to the Partition Ordin- ance contained in this Bill are to eliminate the necessity of joining the Crown as a "necessary party” in every partition proceeding, and to provide