1950-HKRS29-8-17_Part03 — Page 46

Tranai- tional pruvisiona.

Cons- quential amendmenta to various Ordinances.

3. (1) If in any case the court is of opinion that it is expedient that an action commenced before the commencement of this Ordinance in its original jurisdiction should by reason of the amendments effected by the preceding section be transferred to the summary jurisdiction, the court may order that the entry of such action in the Original Jurisdiction Register be transferred to the Register of Civil Actions, Summary Jurisdiction, and the provisions of section 30 of the principal Ordinance shall apply accordingly,

(2) No costs shall be allowed to successful plaintiff in any action commenced before the commencement of this Ordinance in the original jurisdiction of the court which might by reason of subsection (1) have been transferred to its summary jurisdiction but which has not been so transferred, unless upon an application by plaintiff or defendant the court has refused an order under such subsection, or unless the court is of opinion at the trial that the action was one which it was expedient to carry on in such original jurisdiction.

(3) Notwithstanding the provisions of section 8 of the principal Ordinance, all actions for the sums exceeding one thousand dollars but not exceeding five thousand dollars, in respect of which the cause of action is subsisting immediately prior to the commencement of this Ordinance, may be commenced within three years next after the commencement of this Ordinance : Provided that this subsection shall not extend any period of limitation other than that imposed under the said section.

(4) Notwithstanding the provisions of section 33 of the principal Ordinance, and without prejudice to the generality of section 32 thereof, a retainer or a brief delivered to Counsel before the commencement of this Ordinance may upon the Order of the Court or in the discretion of the registrar be taken into account upon taxation of costs in respect of an action transferred to the summary jurisdiction under the provisions of subsection (1) hereof.

4. The following Ordinances are hereby amended by the deletion of the words "one thousand dollars" appearing in the places specified and the substitution therefor of the following-

"five thousand dollars".

Place of amendment

Ordinance amended

Rating Ordinance, 1901.

Landlord and Tenant Ordinance, 1947.

Crown Remedies Ordinance.

1875.

Law Revision (Miscellaneous

Amendments) (No. 2) Ordinance, 1950.

Estate Duty Ordinance,

1932.

Legal Practitioners Ordinance, 1948.

Ordinance No. 6 of 1901.

Fifth line of section 37.

Third line of subsection (1) of Ordinance

section 26.

No. 26 of 1947.

Penultimate and last lines of Ordinance

section 2.

No. 4

of 1876.

Twentieth line of item 7 Part II of the Schedule.

of Ordinance

No. 24 nf 1950.

Fifth line of subsection (2) of Ordination

section 15-

No. 3 of 1982.

Eighth line and penultimate Ordinance line of subsection (9) of No. 37 section 54.

of 1949.

Passed the Legislative Council of Hong Kong, this 1st day of November, 1950.

Clerk of Councils.