A96

Ord. No. 19/87

(Cap. 4.)

Amendment of section 5.

5.

Addition of

PARTITION (AMENDMENT)

(ii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable in- justice;

(b) unless otherwise ordered by a judge, shall not oper- ate 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.

"(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings.".

The principal Ordinance is amended by adding after section 9 the new section 10. following—

Transitional.

"Power to make rules.

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.".

7. Nothing in this Ordinance shall affect any proceedings com- 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.

1987.

Passed by the Hong Kong Legislative Council this 25th day of March

+

PARTITION (AMENDMENT)

Ord. No. 19/87

A97

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang,

Clerk to the Legislative Council.

LAW Kam-sang,

Clerk to the Legislative Council.

Share This Page