492
A BILL
Short title
{ {૫}{ી- struction.
Ordinance
ENTITLED
An Ordinance to amend the Code of Civil Pro-
cedure.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:-
1. This Ordinance may be cited as the Code 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 3, the words “Subject to the provisions of No. 3 of 1901, any statute, rale, or order relating thereto are repeiledl. Repeal
section 3.
16. Amends
section 4.
Jh. Amen. Is Section 34,
1. Amends section 49.
b. Amends section 52.
Tb. Adds a new sub- section to section 83.
Ib. Amende sections [17.
120 and 149.
"
3.-(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. 191"; and by the addition of the following proviso :-
"Provided that where any subject 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 until approved by the Legisla- tive Council.”
•
4. In section 36, the words British Corporation ** shall be deleted and there shall be substituted therefor the words "a company or corporation created by Charter, Leiters Pateur or Ordinance which has its principal office or its principal place of business or registerest office in the Colony
5. In section 49, the words "to serve notice of motion ** shall be deleted and there shall be substituted therefor the words to apply by summons ".
**
6. In sertion 52, the words from obligatory" to the end shall be deleted.
But it shall not be
7. Section 83 shall be renumbered section 83 (1) and there shall be added thereto the following sub-section :---
Estate in this and the following sections shall have the same meaning as in the Pro- bates Ordinance, 1897. "
8.
"(2.)
(1.) The first part of section 117 down to the pro- viso shall be deleted and there shall be substituted therefor the words :--
"Nothing in this Code shall affect the right of any defendant to plead uot guilty by statute or Ordinance and every such defence shall have the same effect as a plea of not guilty by statute' has in England."
(2.) In section 120, after the words "by statute" there shall be inserted the words "or Ordinance".
**
(3.) In section 149, after the words "by statute there shall be inserted the words "or by Ordinance, as the case may be ".