Jurisdic- tion as to counter-
claims.
Transfer to the District Court.
(2) A District Judge may, at any time of his own motion, order that any action referred to in 'subsection (1) Be transferred to the Supreme Court.
18. (1) Where in any action or matter commenced in the District Court, any counter-claim, or set-off and counter-claim, involves matter beyond the jurisdiction of the District Court, any party may, within such time as may be prescribed by rules of the Supreme Court, apply to the Supreme Court for an order of transfer.
(2) A District Judge may, at any time of his own motion, report to the Supreme Court the facts and circumstances of or relevant to any action or matter referred to in subsection (1).
(3) On any application under subsection (1) or report under subsection (3), the Supreme Court may require-
(a) that the whole proceedings be transferred from the
District Court to the Supreme Court; or
(b) that the whole proceedings be heard and determined in
the District Court; or
(c) that the proceedings on the counter-claim, or set-off and counter-claim, be transferred to the Supreme Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off (if any) be heard and determined in the District Court:
Provided that, where an order is made under paragraph (c) of this subjection, and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Supreme Court at any time otherwise orders, be stayed until the proceedings transferred to the Supreme Court have been concluded.
(4) If on an application under subsection (1) or report under subsection (2) it is ordered that the whole proceedings be heard and determined in the District Court, that court shall have juris- diction to hear and determine the whole proceedings, notwith- standing any enactment to the contrary.
19. (1) Where an action ΓΓ matter commenced in the Supreme Court is within the jurisdiction of the District Court or has been brought within such jurisdiction by payment, admited set-off or otherwise, the Supreme Court may, if it thinks ft, order the transfer of such action or matter to the District Court.
(2) If it appears to the Supreme Court that any proceeding in the Supreme Court by way of interpleader, in which the amount or value of the matter in dispute does not exceed the sum of five thousand dollars, may be more conveniently tried and determined in the District Court, the Supreme Court may at any time order that the proceedings be transferred to the District Court, and the District Court shall have jurisdiction and authority to proceed therein.
20. Where an action, counter-claim or matter is ordered to Costa in be transferred-
(a) from the Supreme Court to the District Court; or
(b) from the District Court to the Supreme Court, the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer be in the discretion of the court to which the proceedings are transferred, and the court to which the proceedings are transferred shall have power to make orders with respect thereto and the costs of the whole proceedings shall be taxed in that court.
transferred CAERS,
certain
21. Where a plaintiff in any action brought in the Supreme Costs in Court which might have been tried in the District Court is suc- cases. cessful in that action, he shall be entitled to recover only such costs as he would have been entitled to recover had the action been brought in the District Court, unless the action has been so brought by leave of the Supreme Court or unless that court at any time otherwise orders.
22. (1) There shall be established a committee (to be known Civil
Procedure as the District Court Rules Committee) consisting of the Chief Rules. Justice, the registrar and the judges of the District Court, a barrister nominated by the Bar Association of Hong Kong, and a solicitor nominated by the Incorporated Law Society of Hong Kong, three of whom (if including either such barrister or solicitor) shall form a quorum at any meeting.
(2) The committee shall be convened by the Chief Justice.