Amendment of section

48.

Effect of

sertion 11 on the devolution and diapo- sition of property.

Provision

for a re- print of the prin cipal

Ordinance

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wife, if the wife is resident in the Colony and has been ordinarily resident there for a period of three years immediately preceding the time when the petition was presented.

(3) In any proceedings in which the court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in the Colony at the time of the proceedings.".

22. Section 48 of the principal Ordinance is amended by the deletion of subsection (6) and the substitution therefor of the following subsection--

**(6) Subject to the provisions of this Ordinance and of any rule made by the Chief Justice under this Ordinance, the fees and costs payable upon all pro- ceedings in suits under this Ordinance shall be the same as the fees and costs payable in the Original Jurisdiction of the Supreme Court, and all such pro- (Vol. VII. ceedings shall be regulated by the Code of Civil P. 44)

Procedure.

23. Nothing in section 1 of this Ordinance shall affect the devolution of any property on the intestacy of a person who died before the coming into operation of this Ordinance, or any dis- position made before the coming into operation of this Ordinance.

24. (1) The Government Printer shall, if directed by the Governor, cause to be prepared and published a reprint of the principal Ordinance incorporating therein all additions, omissions, substitutions and amendments effected by this Ordinance and by as amended any other enactment amending the principal Ordinance, and shall, if so directed, print as part of such reprint and as an appendix thereto sections 1 and 23 of this Ordinance together with this section.

and of

this Ordinance.

(a) The publication of such reprint and appendix shall be notified by the Colonial Secretary in the Gazette and, with effect from the date of such notification, such reprint and appendix shall be deemed authentic copies of the principal Ordinance as amended and of this Ordinance and shall be judicially noticed as

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such, and further shall be deemed to be official copies for the purposes of subsection (3) of section 7 of the Interpretation (Cap. 1). Ordinance.

(3) If any inconsistency is shown to exist between a provision of any enactment authorized to be published in such reprint and appendix and that provision as published in such reprint and appendix, the provision as enacted shall prevail.

Passed the Legislative Council of Hong Kong, this 6th day of June, 1956.

Deputy Clerk of Councils.

(Secretariat 31/3231/54)

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