CODE OF CIVIL PROCEDURE-HONGKONG.
Review of Judgment-Re-hearing-New Trial.
143
LXVIII.-The Court may in any case, on such terms as seem just, review any judgment, or order a re-hearing or new trial, with or without a stay of proceedings. 2.-Any application for a review of judgment or for a re hearing or new trial must be made on notice of motion filed not later that fourteen days after such decision or hearing or verdict.
3. Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result of the motion of the further order of the Court.
4.- After the expiration of such fourteen days, an application for such review, re-hearing, or new trial, shall not be admitted, except by special leave of the Court, on such terms as seem just.
5.-On an order for re-hearing or new trial, either party may demand a jury for the second trial, though the first was not with a jury.
6. The Court may, if it thinks fit, make it a condition of granting a re-hearing or new trial that the trial shall be with a jury.
7. The discovery of new matter or evidence which was not within the knowledge of the applicant, or could not be adduced by him at the trial, may be a ground for a new trial, but the improper admission or rejection of evidence shall not be a ground of itself for a new trial or reversal of any judgment in any case, if it shall appear to the Court, that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the judgment, or that if the rejected evidence bad been received it ought not to have varied the judgment.
8. When an application for a review of judgment, re-hearing, or new trial is granted, a note thereof shall be made in the register of suits, and the Court shall give such order in regard thereto, as it may deem proper in the circumstances of the case.
PART III.
PROCEEDINGS TO ENFORCE THE DECREE.-EXECUTION.
CHAPTER XI.
Investigation as to Property of Judgment Debtor.
LXIX.-Where a decree directing payment of money remains wholly or in part unsatisfied (whether a writ of execution has issued or not), the person prosecuting the decree may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear and be examined respecting his ability to make the payment directed, and the Court shall, unless it sees good reason to the contrary, issue such a summons.
2.--On the appearance of the person against whom the summons is issued, he may be examined on oath by or on behalf of the person prosecuting the decree, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
3. He shall be boun I to produce on oath, or otherwise, all books, papers, and documents in his possession or power relating to property applicable to such payment. 4.-Whether the person summoned appears or not, the person prosecuting the decree, and all other witnesses whom the Court thinks requisite, may be examined on oath, or otherwise, respecting the matters aforesaid.
5.-The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the person summoned such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned bearing, unless sooner discharged.
6. The Court may, upon such investigation as aforesaid, make any interim order for the protection of any property applicable or available in discharge of the decree, as it shall think expedient.