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150

England to the Chancery Division of His Majesty's High Court of Justice, shall be tried by a Judge without a Jury unless the Court otherwise directs.

Court may,

By Section 290 Sub-section 2 the Court may, if it appears desirable, direct a trial without a Jury, of any question or issue of facts, or partly of fact and partly of law, arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consent of the parties, have been tried without a Jury. Under this Sub-section it is purely and absolutely within the discretion of the Court whether or not the Court shall direct the trial with or without a Jury. This Sub-section refers to Chancery and Admiralty matters and gives the Court power to order such matters to be tried with a Jury if it thinks fit. Such matters are usually tried without a Jury.

6.

By Section 290 Sub-section 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. This rule was introduced into the English practice and was acted on where the issue before the Court...

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