136
Amount of
taxed costs to be inserted
in His Majesty's Order in Council.
Taxation on the pauper scale.
Security to be dealt with as His Majesty's
Order in
Council
determining
Appeal
directs.
THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1927.
80. The amount allowed by the Taxing Officer on the taxation shall, subject to any appeal from his taxation to the Judicial Committee to the contrary, be inserted in His Majesty's Order in Council determining the Appeal or Petition.
81. Where the Judicial Committee directs costs to be taxed on the pauper scale, the Taxing Officer shall not allow any fees of Council, and shall only award to the Agents out-of-pocket expenses and a reasonable allowance to cover office expenses, such allowance to be taken at about three-eighths of the usual professional charges in ordinary Appeals. Such pauper scale shall apply to and include the application upon which leave to appeal in formâ pauperis was granted.
82. Where the Appellant has lodged security for the Respondent's costs of an Appeal in the Registry of the Privy Council, the Registrar of the Privy Council shall deal with such security in accordance with the directions contained in His Majesty's Order in Council determining the Appeal.
{
Power of Judicial
Committee to excuse from compliance with Rules.
Amendment of documents.
Affidavits may be
sworn before the Registrar of the Privy Council.
Change of Agent.
Scope of application of Rules.
Mode of
citation and date of operation.
Miscellaneous.
83. The Judicial Committee may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules, and may give such directions in matters of practice and procedure as they shall consider just and expedient. Applications to be excused from compliance with the requirements of any of these Rules shall be addressed in the first instance to the Registrar of the Privy Council, who shall take the instructions of the Committee thereon and communicate the same to the parties. If, in the opinion of the said Registrar, it is desirable that the application should be dealt with by the Committee in open Court, he may direct the party applying to lodge in the Registry of the Privy Council, and to serve the opposite party with, a Notice of Motion returnable before the Committee.
84. Any document lodged in connection with an Appeal, Petition, or other matter pending before His Majesty in Council or the Judicial Committee, may be amended by leave of the Registrar of the Privy Council, but if the said Registrar is of opinion that an application for leave to amend should be dealt with by the Committee in open Court, he may direct the party applying to lodge in the Registry of the Privy Council, and to serve the opposite party with, a Notice of Motion returnable before the Committee.
85. Affidavits relating to any Appeal, Petition, or other matter pending before His Majesty in Council or the Judicial Committee may be sworn before the Registrar of the Privy Council.
86. Where a party to an Appeal. Petition, or other matter pending before His Majesty in ouncil changes his Agent, such party, or the new Agent, shall forthwith give the Registrar of the Privy Council and the out- going Agent notice in writing of the change, and shall amend the Appearance accordingly. Until such notices are given the former Agent shall be con- sidered the Agent of the party until the final conclusion of the Appeal, Petition, or other matter.
87. Subject to the provisions of any Statute or of any Statutory Rule or Order to the contrary, these Rules shall apply to all matters falling within the Appellate Jurisdiction of His Majesty in Council.
88. These Rules may be cited as the Judicial Committee Rules, 1925, and they shall come into operation of the 1st day of January, 1926.