1962-HKRS28-8-29_Part02 — Page 2

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Procedure where pro- свеце

(8) that the whole proceedings he heard and determined in the

District Court; or

(c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the Supreme Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off, if any, be beard and determined in the District Court:

Provided that, where an order is made under paragraph (c) and judgment on the claim is given for the plaintiff, execution thercon shall, unless the Supreme Court or a judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Supreme Court have been concluded,

(4) If no application or report is made under this section within the time prescribed as aforesaid, or if on any such application or report it is ordered that the whole proceedings be heard and determined in the District Court, the District Court shall have jurisdiction to bear and determine the whole proceedings notwithstanding any enactment to the contrary.

10. (1) Where an action or matter commenced in the Court involves matter beyond the jurisdiction of the Court, any defendant heyond juris May, before the expiry of three clear days or such other period as may be prescribed, give notice to the Court that be objects to the action or matter being tried in the Court and where such notice is given, the Court shall order that the action be transferred to the Supreme Court.

diction orc commenced

in the Cour

Transfer to Court from Supreme Court of proceedings within juris-

diction of the Cour.

(2) A judge may, at any stage of the proceedings, of his own motion, order that any action or matter, which involves matter beyond the jurisdiction of the Court or which appears to him, having regard to the nature of the claim or the relief sought, might be more con- veniently heard and determined in the Supreme Court, be transferred to the Supreme Court.

(3) Nothing in this section shall empower the District Court to hear and determine any proceedings involving matter beyond the jurisdiction of that Court,

11. Where an action or matter commenced in the Supreme Court is within the jurisdiction of the District Court or has been brought within such jurisdiction by payment, admitted set-off or otherwise, the Supreme Court or a judge thereof may, if it or he thinks fit, order the transfer of such action or matter to the District Court and thereupon the District Court shall have jurisdiction and authority to proceed therein.

12. If it appears to the Supreme Court or to a judge thereof that Transfer of any proceedings in the Supreme Court by way of interpleader, in which interpleader the amount or value of the matter in dispute does not exceed the sum of from

proceedings five thousand dollars, may be more conveniently heard and determined Supreme in the District Court, the Supreme Court may at any time order that count. the proceedings be transferred to the District Court and thereupon the District Court shall have jurisdiction and authority to proceed therein.

Court to

13. Except as provided in section 12, the jurisdiction of the Court Interpleader in interpleader proceedings shall be limited to cases in which a claim generally. is made to or in respect of any movable property seized or intended to be seized in execution under process of the Court:

Provided that nothing in this section shall affect the jurisdiction conferred on the Court by section 19. in interpleader proceedings other than under executions, that is to say, where a person, being under a Liability for any debt or other chose in action, money or movable property for or in respect of which he is or expects to be sued by two or more persons, applies to the Court for relief by way of interpleader.

14. (1) Where an action, counterclaim or maller is ordered to be Cosy in transferred-

(a) from the Supreme Court to the Court; or (b) from the Court to the Supreme Court,

the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceedings are trans- ferred, and that court shall have power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be taxed, and the costs of the whole pro- ceedings shall be taxed in that court:

Provided that, where un action that is transferred from the Supreme Court to the Court is an action founded on contract or tort, then, as regards so much of the proceedings in the action as takes place in the Supreme Court before the transfer, the Court may, if satisfied that there was sufficient reason for bringing the action in the Supreme Court and subject to any order of the Supreme Court, make an order allowing costs on the Supreme Court scale or on any District Court scale.

(2) Where any proceedings in which the District Court bas juris- diction are brought in the Supreme Court costs shall be recoverable on such scale and in such amount as would have been recoverable if the

transferred Cases, etc.