CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1197
the commencement of the Hongkong Code of Civil Procedure, could, without any consent of parties, have been heard without a jury.
(3) The Court may direct the trial without a jury of any cause, matter, or issue requiring any prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court, conveniently be made with a jury.
Order for jury trial with expressly 291. In any other cause or matter, on the application of any party thereto for a trial by the Court with a jury of the cause or matter or of any issue of fact, an order shall be made for such trial accordingly.
292. In every cause or matter, unless under the provisions of the Mode of trial last section a trial by the Court with a jury is ordered or under section 289 either party has signified a desire to have a trial by the Court with a jury, the mode of trial shall be by the Court without a jury: Provided that in any such case the Court may at any time order any cause, matter, or issue to be tried by the Court with a jury, or by the Court sitting with assessors, or by a referee with or without assessors.
different modes of different questions.
293. Subject to the provisions of the last five sections, the Court Provision for may, in any cause or matter, at any time or from time to time order that different questions of fact arising therein be tried by different trial for modes of trial or that one or more questions of fact be tried before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.
Full Court.
294. In any case where an order might be made or has been made Trial by the for a trial by the Court with or without a jury, the Chief Justice may order that such trial shall be by the Full Court with or without a jury, as the case may be.
295. All existing enactments relating to juries shall be deemed to Saving of continue in full force and effect so far as the same may not be inconsistent with any provision of this Code.
CHAPTER XII.
TRIAL.
Non-Attendance of Parties.
juries. H. K. Code, s. 53 (7). [cf. No. 6 of 1887.]
Default of appearance 296. When a cause is called on for trial, if neither party appears, the Court may, if it thinks fit, strike the cause out of the trial paper.
by both parties. [ib. s. 61 (1).]
* As amended by No. 50 of 1911.
As amended by No. 2 of 1912.