174 ORDINANCES Nos . 2 AND 3 OF 1846 .
Supreme Court. Insolvent Debtors.
Laws of England 3. And be it further enacted and ordained, that from henceforth such of the laws
in force on the
5th day of April, of England only, and such portion of the practice of the English Courts , (subject to the
1843, to be in
force in the exception of their applicability as contained in the said fourth section of Ordinance
Colony when
applicable.
[See Ord. No. 11 No. 6 of 1845 , ) as existed when the said Colony obtained a local legislature-that is to
of 1865 s. 1.]
say, on the fifth day of April, one thousand eight hundred and forty-three- shall be of
force therein.
Rules and orders 4. And be it further enacted and ordained , that no future rule or order of the
of Court to be
subject to appro said Supreme Court, made in pursuance of the twenty-third section of the said
val of Council,
and tobe publish
ed. Ordinance No. 6 of 1845 , shall be deemed binding until the same shall be revised and
approved of by the Legislative Council of the said Island ; and that all such rules,
immediately after such approval, shall be published in one or more of the newspapers
published within the said Colony.
[Repealed by Ordinance No. 12 of 1873.]
No. 3 of 1846.
Title. An Ordinance for the Relief of Insolvent Debtors within the Colony of
[See Ordinances
No. 5 of 1846 &
No. 2 of 1819.] Hongkong.
[ 6th May, 1846. ]
Preamble. HEREAS it is expedient that express provisions should be made for such cases
WHof insolvency :
Persons impri 1. Be it therefore enacted and ordained by the Governor of Hongkong with the
soned for debt
may apply to advice of the Legislative Council thereof, that from and after the time appointed for
the Supreme
Court in a sum
mary way for the commencement of this Ordinance, it shall be lawful for any person who shall be
discharge.
in actual custody within the walls of any prison in the Colony of Hongkong, upon any
process whatsoever, for or by reason of any debt, damages, costs, sum or sums of
money, or for or by reason of any contempt of any Court whatsoever, for non
payment of any sum or sums of money, or of costs taxed or untaxed, either ordered to
be paid, or to the payment of which such person would be liable in purging such
contempt, or in any manner in consequence or by reason of such contempt, at any
Time of petition time within the space of fourteen days next after the commencement of the actual
ing.
custody of such prisoner, whether such commencement shall have been in the same
prison, or in any other prison ; or afterwards, if the Supreme Court of Hongkong
shall in any case think reasonable to permit the same, to apply by petition in a
summary way to the said Supreme Court for his discharge from such custody,
What shall be according to the provisions of this Ordinance ; and in such petition shall be stated the
stated in the
petition. time and place of the first arrest of such prisoner in the cause or causes wherein he
shall then be detained, and the time of his commitment to the prison where he shall