Repeal and affect of Bopeal.
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38. Proclamation No. 15 (Landlord and Tenant), Proclamation No. 25 (Landlord and Tenant Amendment) and those parts of Schedule I and Schedule II to the Law Amend- ment (Transitional Provisions) Ordinance, 1946, relating to Proclamation No. 15 and to modifications to Regulations, Rules and Orders made thereunder, are repealed and all regulations, rules and orders and amendments and modifications thereof made thereunder and all forms and fees prescribed thereby are rescinded.
Passed the Legislative Council of Hong Kong, this 22nd day of May, 1947.
SCHEDULE
(Section 30)
PART I
Alastair Zadel
Deputy Clerk of Councils.
RULES OF PROCEDURE.
Interpretation.
1. "Ordinance" means the Landlord and Tenant Ordinance, 1947.
Tribunol” means any Tenbury Tribunal constituted under the
provisions of the Ordinance.
"Office" means the offices of the Tribunal in Hong Kong and
Kowloon,
"Clerk of the Tribunal' means any Officer of the Tribunal discharg-
ing, for the time being, the duties of his office. "Application" means every Application made under the Ordinanca. "Applicant" means a party making an Application, and includes a firm, a company registered under the Companies Ordinances, and a body corporate
"Opponent" means a party opposing an Application, and includes a fra, a company registered under the Companies Ordinances, and a body corporate.
Answer" means every answer made by an opponent.
Any reference to these Rules" shall include a reference to aug Rules of the Tribunal made in addition to these Rules, or in substitution for any of them.
Any reference in these Rules to the Chairman of any Tenaucy Tribunal shall be deemed to include a Magistrate constituting a Tribunal.
Sealing.
2. Applications, answers and orders shall be sealed with the seal of the Tribunal.
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Forms.
3. The forms contained in the Second Part of this Schedula shall bo used in the appropriate cases, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient.
4. Application forms may be obtained from the office on payment of the prescribed fees.
5 All Applications and other matters in respect of premises in Hong Kong and Kowloon will be dealt with by the Hong Kong and Kowloon Offices, respectively.
Preparation of applications.
6. Applications shall be prepared in triplicate and in the English Janguage (except as hereinafter provided), and shall be sigued by the Applicant or by his advocate on his behalf.
7. The Applicant shall set out the reasons for and all material factę in support of his Application in triplicate on a separate sheet or sheets of paper which shall be of the same size as the application form, and which shall be annexed to each of the three copies of the Application.
8. The Applicant shall deliver the three copies of the Application to the Clerk of the Tribunal, who shall;
(i) Enter the Application, if duly prepared, in a book to be kept
for the purpose;
(ii) Number the Application;
(ii) Seal each copy thereof; and
(iv) Return two copies to the Applicant.
Service.
9. The Applicant shall serve a sealed copy of the Application on the Opponent.
10. Except as otherwise directed, and unless the Tribunal thinks it just and expedient otherwise to direct, service of an Application shall be personal, that is, the Application shall be delivered to the party named as the Opponent.
11. Service shall not be made on a General Holiday, or before 8.00 a.m. or after 8.00 p.m.
12. Service shall be affected by a person who can identify the person to be served.
13. Service on a firm:
Service shall be effected either upon any one or more of the partners, or by delivering the Application to any person at the principal place of business of the partnership who at the time of service apparently has the control or managemant of the partnership business.
14. Service an incorporated company:
Service shall be effected by delivering the Application to the Manager or Secretary.
15. If for any reason personal service cannot be conveniently effected, the Applicant may apply to the Tribunal for an Order authorizing another made of service. Such application will be made by letter accompanied by an affidavit or affirmation verifying the facts in support of the Application. 16. Any document required to be served on sub-tonauts shall, if served upon an adult person at the premises and posted for three consecutive daya at the main door or entrance thereof, be deemed to have been served upån all the sub-tenants of the premises or any part thereof.
17. The Applicant or bis agent shall within two days after the service of au application inform the office of the Tribunal in writing of the date of such service.
18. The Tribunal may direct service of an Application or Anawer upon any interested party.
Ansoers.
19. A party having been duly served with a sealed copy of an Applica- tion and desiring to oppose it, shall prepare an Answer setting forth his reasons and all material facts in support of bis opposition.
20. The Answer shall be headed with the words "Grounds of Opposition", and shall be in triplicate in the English language (except as hereinafter provided) on paper similar in size to that of the Application. The Answer shall be signed by the Opponent or his advocate.