THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
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(.) The High Court of Bombay shall not exercise jurisdiction in any such suit; but where a decree or order in any such suit has been passed by any officer subordinate to the Consul-General, the Consul-General may call for the proceedings, and pass thereon such order as he may think fit; and any order so passed by him shall be final.
Foreigners.
33.-(a.) Where a foreigner desires to bring, in a Court established under this Order, a suit against a British subject, or a British subject desires to bring, in such a Court, a Suit against a foreigner, not being a subject of a Mahommedan Power, the Court shall entertain the same, and shall hear and determine it.'
(b.) Provided that the foreigner first obtains and files in the proper office of the Court the con- sent, in writing, of the competent authority (if any) on behalf of his own nation, to his submitting, and that he does submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, costs, and damages, and abide by, and perform, the decision to be given by the Court or on appeal.
(c.) A cross-suit shall not be brought in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, without leave of the Court first obtained.
(d.) The Court, before giving leave, may require proof from the defendant that his claim arises out of the matter in dispute, and that there is reasonable ground for it, and that it is not made for vexation or delay.
(e.) Nothing in this Article shall prevent the defendant from bringing, in the Court, against the foreigner, after the termination of the suit in which the foreigner is plaintiff, any suit which the de- fendant might have brought in the Court against the foreigner if no provision restraining cross-suits had been inserted in this Order.
(f) Where a foreigner obtains, in a Court established under this Order, an order against a de- fendant being a British subject, and in another suit that defendant is plaintiff and the foreigner is de- fendant, the Court may, if it thinks fit. on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.
(y.) Where a plaintiff, being a foreigner, obtains an order, in a Court established under this Order, against two or more defendants. being British subjects, jointly, and in another suit one of them is a plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to obtain contribution from his co-defendants under the joint liability.
(h.) Where a foreigner is co-plaintiff in a suit with a British subject who is in Zanzibar, it shall not be necessary for the foreigner to give security under this Article as regards fees and costs, unless the Court so directs; but the co-plaintiff British subject shall be responsible for all fees and costs..
Zanzibar or Foreign Tribunal.
34-(a.) Where it is proved that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required before a Zanzibar or foreign Court, the Consul-General may, if he thinks fit, in a case and in circumstances in which he would, if acting in his judicial capacity, require the attendance of that person before himself, order that he do attend as required.
(b.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not satisfactorily excuse his failure, he shall, Independently of any other liability, be liable to be punished with imprisonment for a term which may extend to two months, or with fine which may extend to 1,000 rupees, or with both.
35. If a British subject-
(i.) Wilfully obstructs, by act or threat, a Zanzibar or foreign Court in the performance of
its duty; or
(ii.) Within or close to the room or place where such a Court is sitting wilfully misbehaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or to the intimidation of suitors or others resorting to the Court; or
(iii) Wilfully insults any member or officer of such a Court in his going to, or returning
from, any place of sitting or office of the Court;
He shall, on conviction before a competent Court of Criminal Jurisdiction, be liable to be punished with imprisonment for a term which may extend to two months or with fine which may extend to 1,000 rupees, or with both.