LAW AMENDMENT.
No. 2 of 1901.
No. 2 of 1901.
11.09
An Ordinance to amend and declare in certain respects the law to be administered in the Supreme Court.
[1st July, 1901.]
1. This Ordinance may be cited as the Law Amendment Ordinance, 1901.
2. In this Ordinance,
(a) "Action" means a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by enactment.
(b) "Cause" means any action, suit, or other original proceeding between a plaintiff and a defendant.
(c) "The court" means the Supreme Court.
(d) "Matter" includes every proceeding in the court not in a cause.
Concurrent administration of law and equity.
No. 4 of 1901.
[Law Rev. Ord., 1924.]
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Short title.
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Interpretation.
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Concurrent.
3. In every cause or matter commenced in the court, law and equity shall be administered by the court according to the rules following:
(1) if any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which formerly could only have been given by the court in its equitable jurisdiction, the court shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the commencement of the Hongkong Code of Civil Procedure;
(2) if any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, ... As amended by Law Rev. Ord., 1924.
[cf. No. 3 of 1901, s. 2.]