360
THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.
HONGKONG.
No. 36 or 1911.
An Ordinance to amend the Code of Civil Pro-
cedure.
LS
F. D. LUGARD,
Governor.
Short title
and cog- struction.
Ordinance
[25th August, 1911.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Lægislative Commeil thereof, as follows:-
1. This Ordinance may be cited as the Cede of Civil Procedure Amendment Ordinance, 1911, and the references to chapters and sections in this Ordinance are to chapters and sections in the Code of Civil Procedure.
2. In section 2 after the definition of " This Code** No. 3 of 1901, there shall be inserted the following definition:-
Amends
section 2.
th. Repeals section 3.
Zb. Amends section 4.
7b. Amends section 36.
Zb. Amends section 37.
b. An ends section 49.
"The Hongkong Code of Civil Procedure" means the Code of Civil Procedure established by Ordinance No. 13 of 1873, and repealed by Ordinance No. 6 of 1901 (both as numbered be- fore the coming into force of Ordinance No. 12 of 1900); and the expression shall have the same meaning when used in any other Ordinance.”
3. In section 3, the words "Subject to the provisions of any statute, rule, or order relating thereto " are repealed.
4-(1.) Section 4 shall be renumbered section 4 (1) and shall be amended by the deletion of the words for the time being in foree in the Supreme Court in England' and the substitution therefor of the words in force in the Supreme Court in England on 31st December, 1911": and by the addition of the following proviso :-
“Provided that where any subjert dealt with in such Rules of Practice is provided for wholly or in part in this Code, the English rule shall be deemed not to be in force in the Court,”
(2.) There shall be added to section 4 so amended as aforesaid the following new sub-section :—
**
(2.) It shall be lawful for the Judges to amend the rules contained in this Code and make other rules as occasion may require, provided that every such amended rule or new rule shall not have effect mutil approved by the Legislas. tive Council.“
5. In section 36, the words a British Corporation shall be deleted and there shall be substituted therefor the words "a company or corporation created by Charter, Letters Patent or by or under any Ordinauce which has its principal officer or its principal office or its principal place of business or registered office in the Colony".
6. Iu section 37 the first two lines thereof shall be deleted and there shall be substituted therefor the words "When the action or other proceeding is against any cor- poration or company which does not fall within the pro- visions of the last section, but which has an office and carries on business in ".
7. In section 49, the words "to serve notice of motion " shall be dolcted and there shall be substituted therefor the wurde to apply by smugous
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