348
LEGISLATIVE COUNCIL.
No. S. 230. The following Bill was read a first time at a Meeting of the Council held on the 13th September, 1917:
A BILL
Stort title.
5 & 6 Gen. 5, c. 36, s. 5.
Provision
with respect to writs
issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1.
INTITULED
An Ordinance to facilitate Legal Proceedings
against Enemies in certain cases.
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 Legal Pro- eeedings against Enemies Ordinance, 1917.
2.--(1) Leave may be given to issue a writ of sum- mons in the Supreme Court for service on an enemy out of the jurisdiction or of which notice is to be given to an enemy out of the jurisdiction if the court is satisfied that the case is a case to which this section applies, and the court may, on application made at the time leave is so given or at any subsequent time, if satisfied that the writ cannot promptly be served or brought to the notice of the enemy defendant by any of the usual means, make an order (in this Ordinance referred to as an enemy service order) directing substituted or other service of the writ or the substitution of notice for service by means of advertisement or otherwise; and on that order being complied with, all proceedings may be taken on the claim as if the writ had been served on the enemy defendant by the usual means.
(2.) The Chief Justice may make such rules as he thinks fit for expediting proceedings and regulating procedure generally in a case where an enemy service order has been made and the enemy defendant does not appear; and any rules so made shall have effect as if they were included in the rules of court for the time being in force.
(3.) The court, where an enemy service order has been made and it appears not to be practicable to obtain the best evidence of any document which is, in the opinion of the court material to the case, may admit such other evidence thereof as appears proper in the circumstances.
(4.) The court shall have power, where an enemy service order has been made and the enemy defendant does not appear, to order the plaintiff, though success- ful. to pay the whole or any part of the costs of the proceedings, if the court consider that it is just to do so in the special circumstances of the case.
(5.) The fact that, for the purpose of obtaining the benefit of this section, a writ of summons has been indorsed only with a claim for a declaration in accord- ance therewith shall not prevent any other declaration or any consequential or other relief being claimed in other proceedings, or prevent the case being dealt with, although no such other declaration or consequential or other relief is claimed.
(6.) This section applies to cases where --
(a) the plaintiff is a British subject and is en- titled for the time being to bring an action in the Supreme Court; and
(6) the defendant or one of the defendants is an
enemy; and
(e) the writ is indorsed only with a claim for a declaration as to the effect of the present war on rights or liabilities of the plaintiff or defendant under a contract entered into be- fore the outbreak thereof; and
(d) there is written evidence of the contract.