J
1950
LEGISLATIVE COUNCIL.
Draft Bill.
No. S 511.-The following bill is published for general information -
C.S.O. 8338/07
[No. 49-20.12.32.-3.]
Short title.
New section 42B added to Ordinance No. 3 of 1901.
Procedure
in cases
where a Convention
applies.
A BILL
INTITULED
An Ordinance to amend further the Code of Civil Procedure.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Code of Civil Procedure Amendment Ordinance, 1933.
2. The following new section is added after section 42A in the Code of Civil Procedure.
42B. Where in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention on that behalf has been or shall be made and 0.11., r. 13. applied to Hong Kong, a Request for service of any document on a person in the Colony is received by the Registrar from the Consular or other authority of such country the following procedure shall subject to any special provisions contained in the Convention, be adopted :-
Amendment of Ordinance No. 3 of
1901, ss. 440,
441, 442, and 569.
(i) The service shall be effected by delivery of the original or a copy of the document, as indicated in the Request, and the copy of the translation, to the party or per- son to be served in person by the bailiff
(ii) No court fees shall be charged in respect of the ser- vice. The particulars of charges of the bailiff shall be sub. mitted to the Registrar who shall certify the amount properly payable in respect thereof.
(i) The Registrar shall transmit to the Consular or other authority making the Request a certificate establishing the fact and the date of the service in person, or indicating the reasons for which it has not been possible to effect it, and at the same time shall notify to the said Consular or other authority the amount of the charges certified under paragraph (ii) hereof.
3. The Code of Civil Procedure is also amended :-
(i) by the substitution of the words "support and main- tenance" for the word "subsistence" in sections 440 (2). 441, 442, 569 (3) and 569 (4).