50
-
LEDER.
Interpreta-
tion.
3 & 6 Geo. 3.
c. 36, s. 2.
Saving.
5 & 6 Geo. 5,
. 36, 3.
(6.) This section applies to cases where--
the plaintiff is a British subject and is on- titled for the time being to bring an action in the Supreme Court ; and
(b) the defendaut or one of the defendants is an
enemy; and
(c) the writ is indorsed only with a claim for a declaration as to the effect of the present war on rights or liabilities of the plaintiff or defendant under a contract entered into be- fore the ontbreak thereof; and
(d) there is written evidence of the contract.
3. For the purposes of this Ordinance :-
11
(a) the expression "enemy means any persons or body of persons of whatever nationality resident or carrying on business in an enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in an enemy coun- try; and
th the expression "outbreak of war" shall, as respects any enemy, be construed as refer- ring to the date of the outbreak of war with the enemy country in which the enemy is resident or carrying on business; and
(c) the expression "British subject" includes a corporation incorporated in His Majesty's Dominions.
4. Nothing in this Ordinance shall prejudice or interfere with any powers of the court to give leave to issue a writ of summons or to adjourn, postpone, or otherwise deal with, any proceedings on any claim ngainst an enemy, and the court may, if it appears on any proceedings in a case where an enemy service order has been made that for any reason the case cannot properly be dealt with under this Ordinance. dismiss the case, without prejudice to any subsequent proceedlings in the
same matter,
Passed the Legislative Council of Hongkong, this 4th day of Ocigher, 1917.
A. G. M. FLETCHER, Clerk of Councila.
Assented to by His Excelleney the Governor, the 5th day of October, 1917,
CLAUD SEVERN,
Colonial Secretary.
Enclosure 2.
ATTORNEY GENERAL'S CHAMBERS,
REC
C
60734
REG | £0.7
Hongkong...5th October.....,191 7
REPORT ON ORDINANCE No.....2
................................of 191 7.
I have examined the accompanying Ordinance intituled
An Ordinance to facilitate Legal Proceedings against Enemies in
certain cases,
and I
one am of opinion that the Ordinance is which is not contrary to the
Governor's Instructions.
The object of this Ordinance is to introduce
here the grovisions of the Legal Proceedings against Zhenies Act, 1915,
5 and 6 Geo.5,0.36. The Ordinance follows the Agt almost verbatim.
In my opinion this is an Ordinance to which His
xcellency the Governor may properly assent in the name of His
Majesty and on His behalf,
Attorney General, 5th October, 1917.