PUBLIC RECORD OFFICE
Reference :-
T ༴། ། । ། ། mmimmimC.O. 885
Claims for
abolition of office.
Custody of seal and records.
Additional seal.
Legal claims.
Limitation of nuits.
Infancy or
coverture no bar to the right to one.
Claims not to be split.
Salus ander $1,000 by and
Crown.
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Except in the case of the judge of the Court of Summary Jurisdiction, no claims in respect of compensation for abolition of office under this Ordinance shall be allowed.
The seal of the Court of Summary Jurisdiction and all the records thereof shall be deposited for custody in the Supreme Court,
The Supreme Court shall have and use, as occasion may require, an addi- tional seal bearing a device and impression of the Royal Arms within an exergue or label surrounding the same, with the inscription "Supreme Court of Hong Kong, Summary Jurisdiction;" and every writ or other process issued by the Supreme Court in its summary jurisdiction shall be stamped with such seal.
Summary Jurisdiction at Lawo.
It shall be lawful for the Supreme Court to exercise a summary jurisdiction at law in all suits where the claim, debt, or damages sought to be recovered do not exceed the sum of one thousand dollars, and in all suits for the recovery of the possession of tenements where the annual rent or value thereof shall not exceed the said amount.
All suits for sums not exceeding one thousand dollars shall be commenced within three years next after the cause of action shall accrue; unless there has been some contract, acknowledgment, undertaking, or promise to in respect thereof by the party to be charged within three years before the commencement of such suit.
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No person shall be precluded or exempted from suing or being sued for any debt or damages not exceeding one thousand dollars by reason of his not having attained the full age of twenty-one years, or by reason of coverture where the husband shall not be resident in the colony.
No cause of action which shall exist at any one time amounting in the whole to a sum exceeding one thousand dollars as aforesaid, shall be split or divided so as to be made the ground of two or more different actions in order to bring such cases within the summary jurisdiction of the Court, but if the Court shall find that the plaintiff in any case shall have split his cause of action as aforesaid, the Court shall dismiss the said action without prejudice, however, to the plaintiff's right to sue upon the cause of action in such other manner as he may be advised: Provided that if such plaintiff shall be satisfied to recover a sum not exceeding one thousand dollars, then the Court shall and may entertain the action of such plaintiff, and in case any order shall be made in favour of such plaintiff, the same shall be expressed to be, and shall be, in full discharge of the whole cause of action.
Crown Suits.
Whenever a cause of action under any contract entered into in relation to and against the any department of the public service, in which the sum sought to be recovered shall not exceed one thousand dollars, shall accrue to the Crown against any person, or whenever any person shall have a claim against the Crown under any such contract, the chief officer of such department may sue and be sued on behalf of the Government in respect of such cause of action or claim in and by his official capacity and designation: Provided always, that no such suit shall be commenced without the consent of the Attorney General, and that nothing herein contained shall affect any other remedy in respect of such cause of action or claim,
Equitable claims.
[Bee 28 & 29
Vic. a. 19:
30 & 31 Vict.
c. 142. s. 9;
and also 31 &
2 Viet. 6. 10
s. 12.]
Summary Jurisdiction in Equity.
It shall be lawful for the Supreme Court to exercise a summary jurisdiction in equity in the suits or matters herein-after mentioned; that is to say,
1. In all suits by creditors, legatees (whether specific, pecuniary, or residuary), deviscos, or next of kin, in which the personal estate against or for an account or administration of which the demand may be made shall not exceed in amount or value the sum of one thousand dollars :
2. In all suits for the execution of trusts in which the trust estate or fund shall not exceed in amount or value the sum of one thousand dollars:
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3. In all suits for foreclosure or redemption, or for enforcing any charge
or lien, where the mortgage, charge, or lien shall not exceed in amount the sum of one thousand dollars:
4. In all suits for specific performance of, or for the reforming, delivering up, or cancelling of any agreement for the sale, purchase, or lease up of any property where in the case of a sale or purchase the pur- chase money, or in case of a lease the value of the property, shall not exceed the sum of one thousand dollars:
5. In all suits for the dissolution or winding up of any partnership in which the whole property, stock, and credits of such partnership shall not exceed in amount or value the sum of one thousand dollars:
6. In all proceedings for orders in the nature of injunctions, where the same are requisite for granting relief in any matter in which equitable jurisdiction is given to the Court by this Ordinance : Provided always, that on the day of hearing specified in the writ of summons Preliminary in
and answer.
the judge may make a preliminary inquiry into the claim, and if satisfied quiry, petition, that the case is within the provisions of this section, may make such orders and give such directions with respect to the filing of a petition and answer, and any other matters, as he may deem necessary for the proper adjudication
of the suit.
Summary Procedure and Practice.
The registrar of the Supreme Court shall keep or cause to be kept a book Register of called the "Register of Civil Suits (Summary Jurisdiction)," which shall be suits in the form contained in the schedule to this Ordinance, or as near thereto as circumstances permit, and shall contain the entries specified in the said form, and every suit or proceeding, however instituted under the provisions of this Ordinance, shall be numbered in each year according to the order in which the same shall be commenced.
writ of sum-
All suits under this Ordinance shall be commenced by a writ of summons Suits to be in the form prescribed by the Code of Civil Procedure for suits instituted commenced by thereunder, except that every such writ shall be entitled "In the Supreme mops. Court of Hong Kong (Summary Jurisdiction)," and shall specify the day of hearing, and shall have endorsed thereon full particulars of the plaintiff's claim.
It shall not be necessary for the defendant to enter an appearance to the Summary said writ, but after service thereof the suit shall be heard and determined in a hearing." summary way without pleadings: Provided always, that the judge may order the Plaintiff to file within such time as he shall direct a written statement of his claim, and may likewise order the Defendant within such time as afore- said to file a written answer to such statement, and may permit any defence on equitable grounds.
The judge may in any proceeding before the Court, frame issues of law The judge may and fact for the better trial and determination of the cause.
frame issues,
It shall be lawful for the judge, upon such grounds as he shall in his Review of Judg discretion think sufficient, to review any judgment or decision given by him, ment. within one month from the date thereof (except where either party shall have obtained leave to appeal, and the parties shall not agree to the withdrawal of the appeal), and upon such review to reopen and rehear the case wholly or in part, and to take fresh evidence, and to reverse, vary, or confirm his previous judgment or decision.
defences.
Except by consent or leave of the Court no cause or matter within the Notice of ac summary jurisdiction of the Court shall be set down for hearing before at tion and special least three clear days from the service of the writ of summons, and except by consent or by leave of the Court it shall not be competent to the defendant
to enter into any equitable defence or into any special defence such as "set off," "illegality," "want of consideration," or the "Statute of Limi tations," unless at least twelve hours written notice thereof has been first given to the plaintiff or his attorney.
anicle for what
No action or other proceeding under the summary jurisdiction given by Proceedings this Ordinance, shall be treated or considered as invalid or subject to be set not to be wet aside on account of any verbal or technical error; but all errors and mistakes of form. may in all cases be amended or altered by the Court in its discretion; and
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4 PUBLIC RECORD OFFICE, LONDON
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