Certified translations.
Office copies.
(Cap. 123).
(68 of 1955. 1960 Reprint),
(Cup. 90).
(Cap. 129).
Landlord and Tenant Ordinance; building plaos, etc, (Cap. 255, 1953 Reprint).
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56. Notwithstanding any rule of practice the Court may dispense with a certified translation of any document adduced in evidence and not being in the English language.
57. (1) Any document or matter to which this rule applies may, unless the Court otherwise directs, be proved by the production of an office copy.
(2) This rule applies to the following-
(a) an occupation permit issued by the Building Authority under
section 137 of the Buildings Ordinance;
(b) an occupation permit issued by the Building Authority under
section 12 of the Buildings Ordinance, 1955;
(c) an entry in the register of deeds and documents maintained by
the Land Officer under the New Territories Ordinance; and (d) a document of title, an agreement for the grant, exchange or surrender of land, and any other document relating to land, in the custody of the Land Office established by the Land Regis tration Ordinance.
(3) For the purposes of this rule--
(a) “office copy" means a document purporting to be a copy of or extract from the original and purporting to be certified by the proper officer as a true copy or extract;
(6) "proper officer" means any officer of a Government department appearing to the Court to be authorized to certify the copy of extract; and
(c) it shall not be necessary to prove the signature, official character or authority of any such officer or to give further proof of the contents of the document or matter sought to be proved under this rule by office copy.
(4) On any office copy of an occupation permit such as is referred to in sub-paragraph (a) or sub-paragraph (6) of paragraph (2), the proper officer may endorse a statement specifying the premises to which the permit relates; and the provisions of this rule relating to office copies shall apply to any such statement.
58. (1) Where, in any proceedings before the Court, the question whether or not any building is an entirely new building within the meaning of the Landlord and Tenant Ordinance is in issue the Court may, for determining the issue, admit in evidence, and have regard to, any official records.
(2) The Court may draw inferences from such records and the circumstances in which they were made or deposited, and, in particular, may infer that any building to which such records relate was duly con- structed in accordance therewith.
(3) For the purpose of this rule-
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(a) the expression "official records" includes any plan, drawing, sketch, specification, bill of quantities, file, writing or other record maintained by, deposited with, or in the custody of, or appearing to be maintained by, deposited with, or in the custody of, the Building Authority or any Government Depart- meat or public officer;
(b) "Building Authority" means the Building Authority under the
Buildings Ordinance, 1955.
Injunctions.
(68 of 1955, 1960 Reprint).
59. (1) In any proceedings in which an injunction has been or Application might have been claimed, a plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from-
(a) the repetition or continuance of the wrongful act or breach of
contract complained of: or
(b) the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right or arising out of the same contract,
and the Court, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just.
(2) An application under this rule may be made-
(a) before the bearing of the action or matter; or
(b) at or immediately after the hearing, in which case the order
shall be included in the judgment; or
(c) after judgment, on notice and supported by affidavit.
Orders for instalments, etc.
for an injunction and damages La lieu.
debtor.
60. (1) Where a judgment has been given or an order made for New order the payment of any sum by instalments or otherwise, and it appears to for payment the Court that the person liable under the judgment or order is unable ton of
on applica.
to pay the sum ordered to be paid at the time or by the instalments judgment ordered, the Court, on the application of such person made on notice, may order that the amount unpaid under the judgment or order be paid by instalments, or, if already payable by instalments, by the same or smaller instalments, and may from time to time vary such order.
(2) This rule shall apply to any judgment given by the Court pur- suant to rule 3 of Order 15 of the Code,