52 THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 18, 1921.
18. If the Tribunal is satisfied that any person refuses to join as Claimant, although he ought to join, the Tribunal may allow the case to proceed without such joinder, but in that case the Tribunal may refuse to entertain any claim in the future by such person with respect to the subject-matter of the claim in the presenting of which he ought to have joined.
19. If any person proceeds against some only of the persons jointly liable to him on the same claim and the Tribunal decides the case whether in favour of or against the Claimant, the Tribunal may refuse to entertain any claim in the future by such person against the other person or persons so jointly liable.
20.--(a) If a Respondent contends that some other person who is not joined as Respon- dent is jointly liable with him to answer the claim, he may within twenty days after the receipt of the memorial send a notice to the Secretariat that he requires such person to be joined as Respondent, giving his name and address, and stating the reasons why he requires him to be joined; and with such notice shall send a sufficient number of copies to enable the Secretariat to send one to the Claimant and to each of the persons whom the Respondent requires to be joined. The Secretariat will thereupon send such notice to the Claimant and to each of the persons nained by the Respondent, and the Claimant and each of the said persons shall reply within ten days whether they consent to such joinder, or not. In the event of the Claimant and each of such persons consenting to the- joinler, the Secretariat will amend the memorial by adding them as parties, and the Claimant shall cause copies, of the memorial to be served on each of such persons, and all future proceedings shall be continued as if such joinder had been made from the
commencement.
(b) If either the Claimant or any of such persons do not consent to the joinder within ten days, the Secretariat shall notify the Respondent accordingly, and the Res- pondent may within ten days apply to the Tribunal to stay all proceedings until such joinder be effected. The Secretariat shall give notice of such application to the Claimant and such other person or persons, aud such application shall be heard by the Tribunal on a date to be fixed by the Tribunal not less than fourteen days after notice of such application has been sent to the Claimant and such person or persons as aforesaid.
21.-(a) If any person not being a party claims to have a legitimate interest in prosecuting or resisting the claim, he may apply to the Tribunal to be joined as claimant or respondent as the case may be, or to be allowed to intervene in the case in such manner as the Tribunal may direct.
(b) If a Respondent contends that he is entitled to some right over against some other person in reference to the claim brought against him, he may give such person notice of his claim against him and at the same time serve him with a copy of the memorial. Such person may thereupon apply to the Tribunal to be joined as Respon- dent or to be allowed to intervene in the case in such manner as the Tribunal may direct. If such person does not intervene and the Tribunal should be of opinion at the hearing that there are grounds for coming to the conclusion that the Respondent may succeed in his claim against such person, the Tribunal may, if it decides in favour of the Claimant, stay execution in order to enable the Respondent to prosecute his claim against such person upon such terms as to security and otherwise as the Tribunal may think just.
SPECIAL RULES FOR PARTICULAR CASES,
22. In addition to the above general rules, the following rules shall be observed in the under-mentioned cases :-
(1) Cases under Article 305.
The person alleging that he is prejudiced by the decision shall be the Claimant and the other party to the cause or proceeding in which the decision was given or, if there be no such party, the Government shall be Respondent. The claim shall be accompanied by a copy of the decision and shall state in what respect the decision is impugned, with which Section or Sections of the Treaty it is alleged to be inconsistent and in what respect and what relief is claimed. The Claimant may also accompany his claim by copies of any essential written proceedings of the case in which the decision was given, authenti- cated in the manner prescribed by the law of the country to which the Court belongs. The Tribunal may of its own motion require the record of the Court to be transmitted to the Tribunal and it shall then be open to the inspection of the parties and their agents.
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