1962-HKRS28-8-29_Part02 — Page 3

B

Procedure on transfer.

proceedings had been brought in the District Court, unless the pro- ceedings were so brought by leave of the Supreme Court or unless the Supreme Court otherwise orders.

15. (1) When any action, counterclaim or matter is ordered to be transferred from the Supreme Court to the District Court-

(a) any party may lodge with the Registrar of the Supreme Court the order and the writ or other process or copies thereof and such other documents, if any, as the Registrar of the Supreme Court may direct; and

(b) the Registrar of the Supreme Court shall, on the application of that party and on production of the order and the filing of a copy thereof, send to the Registrar of the District Court all pleadings, affidavits and other documents filed in the Supreme Court relating to the action, counterclaim or matter. (2) On such documents being so lodged or sent, the action and counterclaim if any, or the counterclaim or matter, shall be transferred to the District Court and, subject as may be prescribed, all further proceedings therein shall be taken and tried, as if the action, counter- claim or matter had been originally commenced in that Court and that Court shall have jurisdiction to deal therewith notwithstanding any enactment to the contrary!

Provided that the transfer shall not affect any right of appeal in the Supreme Court or to the Full Court from the order directing the transfer, or the right to enforce in the Supreme Court any judgment signed or order made in that Court before the transfer.

(3) Nothing in the provisions of sections 9, 10, 11 or 12 shall (18 of 1957), derogate from the provisions of section 15 of the Crown Proceedings

Ordinance, 1957.

Division of causes of action.

lofancy no defence.

Venue.

16. No cause of action shall be split or divided so as to be made the ground of two or more different actions for the purpose of bringing two or more actions in the Court,

17. No person shall by reason of his not having attained the full age of twenty one years be exempted from liability for any debt, damages or demand within the jurisdiction of the Court or which is brought within the jurisdiction of the Court by abandoning the excess within the meaning of section 5.

18. No judgment, order or proceedings whatsoever shall be liable to be set aside on account of any defect in venue.

Exercise of Jurisdiction and Ancillary Jurisdiction.

19. (1) The Court, as regards any cause for the time being within General its jurisdiction, shall in any proceedings before it-

(a) grant such relief, redress or remedy or combination of tem-

edies, either absolute or conditional; and

(b) subject to the provisions of section 9, give such and the like effect to every ground of defence or counterclaim, equitable or legal

as ought to be granted or given, in the like casc by the Supreme Court and in as full and ample a manner.

(2) In the application of the provisions of subsection (1) the rules of equity shall prevail in all matters in which there was formerly or is any conflict or variance between the rules of equity and the rules of common law.

Ancillary

jurisdiction.

20. A judge shall have jurisdiction in any proceedings pending Ancillary in the Court to make any order or to exercise on an ex-parte application powers of any authority or jurisdiction which, if it related to an action or pro- judge. ceeding pending in the Supreme Court, might be made or exercised by a judge of the Supreme Court in chambers.

21. (1) The Court shall have jurisdiction to grant and to enforce Extension of injunctions of whatsoever nature and as the case may require and to jurisdiction make binding declarations of right-

to grant

injections and to make

(a) in all matters affecting movable property, including money dedarations.

and choses in actions, where the amount or value thereof does not exceed five thousand dollars; and

(6) with respect to any apprehended distress, and

(c) in all matters affecting immovable property, including any right, licence or easement in, to, through or over any immBOY- able property and any agreement, covenant or condition respecting immovable property, where the annual rent or the ralcable value, determined in accordance with the provisions

of the Rating Ordinance or the annual value, whichever is the (Cap. 116). less, of the property does not exceed five thousand dollars: ankl

(d) in all matters of contract not falling within any of the foregoing paragraphs, where the amount or value of the subject matter of the contract does not exceed five thousand dollars, notwithstanding that any claim for damages or for any other relief or remedy which the Court is competent to grant shall be made in the proceedings.