THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.
28.-(1.) Before section 42 there shall be inserted the th. Adds a heading "Service out of the Jurisdiction”,
new heading
(2.) The first line of sub-section (1) of section 42 shall
to and amends
be amended by the insertion of the words " of a writ of section 42.
事事
summons or notice of a writ of sumMONS after the word "jurisdiction".
(3.) The following paragraphs}shall be added to section
42:
“(4.) When the defendant is neither a British subject nor in British dominions, notice of writ, and not the writ itself, is to be served upon him. (6.) Where leave is given under this section to serve notice of a writ of summons out of the jurisdication, such notice shall be served in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summous and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of writ › of summons respectively.”
(4.) Section 13 is repealed and replaced by the follow- 17. Amends ing:-
"No writ for service out of the jurisdiction, or of
section 13.
which notice is to be given out of the juris- diction, shall be issued without leave of the Court."
(5.) Section 25 (2) is repealed and replaced by the 75. Amends following:-
“A writ for service within the jurisdiction may be issued and marked as a concurrent writ with Que for service (or whereof notice in lien of service is to be given) out of the jurisdiction, and a writ for service (or whereof notice in lieu of service is to be given) out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction,”
section 25,
(6.) In section 42 (2), after the words “probably may Ib. Amends be found", there shall be inserted the words "and whether section 42. such defendant is a British subject or not
29. The following further paragraphs shall be added to
section 42:--
“(6.) This section shall apply to writs of summons and notices of writs of summons in Probate actions.
(7.) The Court or a Judge may direct that any summons, order or notice shall be served on any party or person in a foreign country and the procedure prescribed by this section with reference to service of notice of writ of summons shall apply to the service of any summons, order or notice so directed to be served.
(8.) Where leave is given to serve notice of a writ of summons, or other document, in any foreign country to which Order X1 rule 8 of the Rules of the Supreme Court in England has by order of the Lord Chancellor been applied, the Following procedure shall be adopted :- (¿.) The notice to be served shall be sealed with
the seal of the Court and shall be forward- ed by the Judge to the Colonial Secretary, together with a copy thereof translated into the language of the country in which service is to be effected, and with a request that the necessary steps be taken for the transmission of the same, through the proper channels, to the Government of the country in which leave to serve notice of the writ has been given. Such request shall be in form 8e in the schedule, with such variations as eirenmstances may re-
Do.
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