THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1927.
1.-(1) In these Rules, unless the context otherwise requires :- "Appeal" means an Appeal to His Majesty in Council; "Judgment" includes decree, order, sentence, or decision of any
Court, Judge, or Judicial Officer;
"Record" means the aggregate of papers relating to an Appeal (including the pleadings, proceedings, evidence and judg- ments) proper to be laid before His Majesty in Council on the hearing of the Appeal;
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Registrar" means the Registrar or other proper officer having the
custody of the records in the Court appealed from;
Abroad" means the country or place where the Court appealed
from is situate;
"Agent" means a person qualified by virtue of Her late Majesty's Order in Council of the 6th March 1896 to conduct proceed- ings before His Majesty in Council on behalf of another";
* Party" and all words descriptive of parties to proceedings before His Majesty in Council (such as "Petitioner," "Appellant," 'Respondent") mean, in respect of all acts proper to be done by an Agent, the Agent of the party in question where such party is represented by an Agent;
"Respondent" includes Intervener; "Month" means calendar month;
Words in the singular shall include the plural, and words in the
plural shall include the singular.
(2) Where by these Rules any step is required to be taken in England in connection with proceedings before His Majesty in Council, whether in the way of lodging a Petition or other document, entering an Appearance, lodging security, or otherwise, such step shall be taken in the Registry of the Privy Council, Downing Street, London.
Leave to appeal.
2. All Appeals shall be brought either in pursuance of leave obtained from the Court appealed from, or, in the absence of such leave, in pursuance of special leave to appeal granted by His Majesty in Council upon a Petition in that behalf presented by the intending Appellant.
Special leave to appeal.
3. A Petition for special leave to appeal to His Majesty in Council shall state succinctly and clearly all such facts as it may be necessary to state in order to enable the Judicial Committee to advise His Majesty whether such leave ought to be granted, and shall be signed by the Counsel who attends at the hearing or by the party himself if he appears in person. The Petition shall deal with the merits of the case only so far as is necessary for the pur- pose of explaining and supporting the particular grounds upon which special leave to appeal is sought.
4. The Petitioner shall lodge at least five copies of his Petition for special leave to appeal together with the Affidavit in support thereof prescribed by Rule 50 hereinafter contained, and, unless a Caveat as prescribed by Rule 48 has been lodged by the other parties who appeared in the Court below, an Affidavit of service of notice of the intended application upon such parties or their Solicitors or Agents, either abroad or in England.
5. A Petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the Petitioner shall, in every case, lodge his Petition with the least possible delay.
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Interpreta-
tion.
Leave to appeal
generally.
Form of Petition for special leave to appeal.
Five copies of Petition
to be lodged together with Affidavits in support.
Time for
lodging Petition.
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