1958-HKRS30-8-48_Part01 — Page 18

Directions

for return

of writ

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17. Where the writ is ordered to issue, the court or judge by whom the order is made shall give direc- 0.59, r. 20. tions as to the court or judge before whom the writ is returnable, and every such writ shall be returnable immediately.

Service of writ

18. (1) The writ shall be served personally, if 0.59, r. 21. possible, upon the person to whom it is directed; or if not possible, or if the writ be directed to a gaoler or other public official, by leaving it with a servant or agent of the person to whom the writ is directed at the place where the prisoner is confined or restrained; and if the writ is directed to more than one person, the original shall be served as aforesaid on the prin- cipal person, and copies shall be served on each of the other persons in the same manner as the writ.

Content of return to writ.

Hearing. 0.59, T. 23.

Other writs of Habeas Corpus. 0.58, r. 24.

Order in liep of haboar

(2) There shall be served or left with the writ a notice stating the court or judge before whom and the date on which the person restrained is to be brought, and that in default of obedience proceedings for attach- ment of the party disobeying will be taken.

19. The return to the writ shall contain a copy of all the causes of the prisoner's detainer indorsed on or annexed to the writ, and the return may be amended, or another return substituted therefor, by leave of the court or judge to whom the writ is returnable.

20. When a return to the writ is made, the return shall first be read, and motion then made for discharg- ing or remanding the prisoner or amending or quash- ing the return, and where the prisoner is brought up in accordance with the writ, his counsel shall be heard first, then the counsel for the Crown, and then one counsel for the prisoner in reply.

21. Applications for writs of habeas corpus ad teslificandum ar of habeas corpus ad respondendum shall be made on affidavit to a judge in chambers.

22. An application for an order to bring up a prisoner, otherwise than by habeas corpus, to give evidence in any cause or matter, civil or criminal, before .25.

any court, justice or other judicature, shall be made on affidavit to a judge in chambers.

corpus for

witness. 0.59, r.

Procedure.

0. 69, r. 26(1),

Procedure

in relation to court- martial. 0. 59, r. 26A.

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Allachment for contempt.

23. (0) The procedure in applications for attach- ment for contempt of court in the cases to which this rule applies shall be the same as in applications for an order of mandamus and rules 2, 4, 5 and 6 shall apply accordingly to applications for attachment, so far as they are applicable ;

Provided that the issue of a writ of attachment shall not be ordered by a judge in chambers, but only by the Full Court, and the notice of motion shall be personally served unless the court or a judge dispenses with such service.

(2) This rule applies to cases where the contempt is committed-

(a) in connexion with proceedings to which this

Order relates;

(b) in connexion with criminal proceedings or any proceedings which in England would be brought in the Queen's Bench Division, except where the contempt is committed in facie curiae or consists of disobedience to an order of the court;

(c) in connexion with proceedings in an inferior

court.

24. (1) In applications for attachment in cases where the contempt is committed in connexion with proceedings before a court-martial, the procedure shall, subject to the provisions of paragraphs (2) and (3) of this rule, be the same as in the applications to which rule 23 applies.

(2) Where the application for attachment is made under section 66 of the Naval Discipline Act or sub- section (1) or (3) of section 126 of the Army Act or subsection (1) ar (3) of section 126 of the Air Force Act, the certificate issued by the president of the court- martial shall accompany the statement and affidavits required by paragraph (2) of rule z.