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ATTORNEY GENERAL'S CHAMBERS,
Hong Kong 27th October, 1932.
REPORT ON ORDINANCE No
33
of 1932.
1. I have examined the accompanying Ordinance.
intituled an
Ordinance to amend the Supreme Court (Admiralty Procedure)
Ordinance, 1896, and I am of opinion that the Ordinance
is one which is not contrary to the Governor's instructions.
Rule 53 in the Schedule to Ordinance No. 6 of 1896,
2.
contains fourteen paragraphs of particulars required to be
filed in preliminary acts in actions for damage by collision.
3. Though there are immaterial differences in
phraseology the first thirteen of these paragraphs
correspond with paragraphs (a) to (n) of Order 19 rule 28
of the English Rules of the Supreme Court.
4.
The Fourteenth paragraph required a statement of
the fault or default, if any, attributed to the other ship.
This is not required in England and has given rise to
difficulties in the Courts of the Colony.
5.
This amending Ordinance repeals the paragraph and
substitutes two paragraphs, corresponding in effect with paragraphs (o) and (p) of the English rule, which deal