OF

THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.

with as if this Ordinance had not been passed: and that every act duly done, and every adjudication, appointment, order, discharge, warrant or other instrument duly made granted before the passing of this Ordinance shall continue and be of the same force and effect as if this Ordinance had not been passed: and that no right which has arisen or may arise in respect of anything duly done under the said Ordinance shall be affected by this Ordinance: and that where any act of Bankruptcy, Petitioning Creditors Debt, Imprisonment or any other matter or thing whatsoever shall have taken place in whole or in part before the commencement of this Ordinance, but no proceeding shall have been had or taken in respect thereof before the commencement of this Ordi- nance, every proceeding in respect thereof may be had or taken under the provisions of this Ordinance, in the same manner as if the same had taken place after the commence- ment of this Ordinance.

291

III. This Ordinance shall apply to all persons of full age in the Colony of Hongkong Ordinance to apply whether traders or non-traders except as hereinbefore ordained.

to all adults.

be the "Court of

IV. The Supreme Court of Hongkong shall be the Court of Bankruptcy under Supreme Court to this Ordinance, and the Chief Justice and the Judge of the Summary Jurisdiction Bankruptey." Court shall be Judges thereof and shall singly or otherwise have all the Powers, Rights, and Privileges as Judge or Judges of the said Court as are enjoyed by the Chief Justice in the Supreme Court except where this Ordinance otherwise specially provides: And the said Judges may sit together or alone to form the said Court: And the said Court shall be a Court of Record, and shall, as nearly as may be, have all the incidents, powers and privileges of the Supreme Court.

Justice to be decisive.

V. When the Judges of the said Court shall sit together, the Chief Justice shall Opinion of Chief take precedence and in case a difference of opinion shall arise between the said Judges' in any matter relating to or arising out of this Ordinance the opinion of the Chief Justice shall be final and decisive thereon.

VI. The Provisional Assignee under the said Ordinance No. 3 of 1846 shall be Provisional Assignee the Official Assignee under this Ordinance.

to be Official Assignee.

VII. Before any Judge shall act under this Ordinance, he shall take the following Judge to take Oath. Oath before

:

"I, A.B., do solemnly and sincerely promise and swear that I will duly, and faith- fully and to the best of my skill and power, execute the Office of a Judge of the Court of Bankruptcy."

As to General Orders.

VIII. The Chief Justice may, with the Advice and Approval of the Legislative Purposes for which Council, frame General Orders for the following purposes:

For regulating the Practice and Procedure of the Court and the several Forms of Petitions, Orders, and other Proceedings to be used in the said Court in all matters under this Ordinance.

For regulating the Duties of the various Officers of such Court.

For regulating the Fees payable and the Charges and Costs to be allowed with

respect to all Proceedings before such Court.

For regulating the filing, custody and inspection of Records.

For regulating the custody of unpaid Dividends.

And generally for carrying the Provisions of this Ordinance into effect and for appointing the Sittings of the Court.

General Orders to be framed.

IX. After such General Orders shall have been so framed, they or any of them Alteration of Ge- may be rescinded or varied, and other General Orders may be framed in manner as aforesaid.

neral Orders.

As to the definition and explanation of terms.

Terms.

X. The Terms and Words hereinafter enumerated or explained wheresoever Interpretation occurring in this Ordinance shall be understood as hereinafter defined or explained, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such definition or explanation, that is to say:-

of

@:

Share This Page