(1890 2 273
Rule Commines.
Orders for Interion
17. 1968
38, 20.1
16
(e) prescribing in what cases persons absent, but having an interest in a cause or matter, shall be bound by any order made therein;
( prescribing in what cases and in what manner there may be sub- missions and references to special referees, how parties shall be bound thereby, and to what extent and with what consequences, and for the appointment, powers and duties of special referees and for proceedings before such special referees;
(e) regulating the appointment and duties of commissioners for oaths, the revocation of such appointments, and matters incidental there- to:
(b) regulating the execution of the process of the Supreme Court, (1) regulating matters which could heretofore be or which have here-
tofore been provided for or regulated by rules of court.
(3) Rules of court for regulating the procedure and practice (including fees and costs) in the exercise of the Admiralty jurisdiction of the High Court may be made hereunder and shall come into operation on approval by the Queen in Council save insofar as such approval may not be necessary under section 7 of the Colonial Courts of Admiralty Act 1890.
(4) The power to make rules of court under this section shall include power to make rules as to proceedings by or against the Crown.
(5) Rules of court made under this section shall apply to all proceed- ings by or against the Crown insofar as they expressly purport so to do.
$5. (1) The rules of court shall be made by a Rules Committee which shall consist of-
(a) the Chief Justice;
(b) a Justice of Appeal appointed by the Chief Justice,
(c) four judges of the High Court appointed by the Chief Justice; (d) two barristers nominated by the Hong Kong Bar Association; (e) two solicitors nominated by The Law Society of Hong Kong- (2) Five members of the Rules Committee shall constitute a quorum if hotb a barrister and a solicitor are present.
(3) Nathing herein contained shall prevent the Chief Justice, if he thinks fit, from appointing more than one Rules Committee.
$6 (1) The power to make rules of court under section 54 shall include power to make provision for enabling the Supreme Court in such circumstances as may be specified to make an order requiring a party to pending proceedings to make an interim payment of such amount as may be specified in the order, either by payment into court or (if the order so providea) by paying it to another party to the proceedings.
(2) Where any such rules make provision in accordance with subsection (1), the rules may include provision for enabling a party to any proceedings who, în pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circura- stances, and from such other party to the proceedings, as may be determined in accordance with the rules.
(3) Any rules made by virtue of this section may include such inciden- Lal, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
17
(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs,
(5) In this section—
(a) "interim payment", in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the Court in the proceedings is given or inade in favour of that other party; and
(6) any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.
(6) This section shall bind the Crown so far as any proceedings to which the section is applicable can be brought by or against the Crown in accordance with the Crowa Proceedings Ordinance.
37. (1) The Chief Justice may make rules for regulating-
(Cwp. 300.)
Rule
canceraine
rubynd, exc. la
(a) the deposit, payment, delivery, and transfer in, into, and out of spoke of
the Supreme Court of money, securities, and movable property of suitors;
(3) the evidence of such deposit, payment, delivery, or transfer, and the investment of and other dealings with money, securities, and movable property in court;
(c) the execution of the orders of the Supreme Court; and
(d) the powers and duties of the Registrar with reference to such
money, securities, and property.
(2) Without prejudice to the generality of the foregoing, rules made under this section may provide for
(a) regulating the placing on and withdrawal from deposit of money in court, and the payment or crediting of interest on money placed on deposit;
(b) determining the smallest amount of money on deposit on which interest is to be credited to an account to Which money placed on deposit belongs;
(c) determining the time at which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(d) determining the cases in which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;
(e) determining the cases in which interest on money placed on deposil and the dividends on any securities atanding in the name of the Registrar is or are to be placed on deposit; and
disposing of money, other than the balance of an intestate estate, remaining unclaimed in court or money remaining unclaimed in the Bankruptcy Estates Account established under section 128 of the Bankruptcy Ordinance.
(Cap. 6)