1961-HKRS30-8-51_Part04 — Page 51

Revocation and replace. teal of

rult 4.

Amendment

of rule 3.

Revocation

and replace

meat of rule 6.

Amcadmeat

2

(2) The boundaries and extent of each district shall be determined respectively from time to time by the Chict Justice and delineated on a map or plan signed for identi- fication by him and lodged with the Registrar.

(3) A copy of the map or plan for the time being in force and lodged with the Registrar in accordance with sub-rule (2) shall at all times be posted in a conspicuous place to which the public have access at cach court designated in rule 4.”.

4. Rule 4 of the principal rules is revoked and replaced by the following-

"Designa- tions of courts and registries.

4. The court of the District Judge sitting in cach district, determined in accordance with rule 3, shall be known and referred to respectively as the Victoria District Court, the Kowloon District Court and the Fanling District Court: and the registry attached to each such court shall be known and referred to respectively as the Victoria District Court Registry, the Kowloon District Coun Registry and the Fanling District Court Registry.".

5. Rule S of the principal rules is amended by the addition at the end thereof of the following new sub-rule-

"(5) Notwithstanding anything in this rule, the Registrar may, in his discretion, permit any action which by this rule sbould be commenced in the Kowloon district to be commenced in the Fanling district or may permit any action which by this rule should be commenced in the Fanling district to be commenced in the Kowloon district.".

6. Rule 6 of the principal rules is revoked and replaced by the following new rule-

"Defendants in different districts.

7.

of rule 7.

(a)

6. Without prejudice to anything contained in sub- rule (5) of rule 5, it in any case governed by sub-rule (3) of rule 3 there are in an action originally or by joinder defendants (other than the Crown) residing in or carrying on business in different districts the action may, subject to any direction by the Court, be commenced or continue in any district in which any one of the defendants resides of carries on business.".

Rule 7 of the principal rules is amended-

in sub-rule (1) by the deletion of the words "the other district" and the substitution therefor of the following-

"another district":

(5) in sub-rule (2)—–—

3

() by the deletion of the words "the district" and the substitution therefor of the following-

"a district"; and

(ii) by the deletion of the words "the other district" and the substitution therefor of the following-

"another district"":

(c) by the addition after sub-rule (2) of the following sub-rules-

"(3) Subject to any directions which may be given in that behalf by the Chief Justice, a judge of the District Court may, for securing the more convenient or expedi- tious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the applica- tion of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of the lists generally in each district as the judge may think fit.

(4) Where a judge of the District Court makes any such order of transfer to another district of his own motion there shall be no appeal from such order, but where such an order is made on the application of any party an appeal shall lie in accordance with the provi- sions for the time being applicable to proceedings in the District Court.”.

& Sub-rule (1) of rule 8 of the principal rules is amended by Andment deleting the word "both" in line 3 and the substitution therefor of the of rule word "all",

Dated this 31st day of August, 1961.

عت ہے

A

Chief Justice.

P.R. SPRINGALL, Acting Registrar, District Court.

K.R.. MAGFEE

Judge of the District Court.