1962-HKRS29-8-29_Part01 — Page 47

3

(VOL VII. P. 44.

(1 of 1953).

General Jurisdiction

in actions of contact

and tort.

"cause" means any action, suit or other original proceeding between

a plaintiff and a defendant:

"Code" means the Code of Civil Procedure:

"Court" means the District Court established by section 3 of the

District Court Ordinance, 1953;

"defendant" includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;

“functions" includes powers and duties:

"hereditament" includes both a corporeal hereditament and an incorpo-

real hereditament;

"judge" means a District Judge appointed under section 4 of the District Court Ordinance, 1953, or a temporary judge or a temporary additional judge appointed under section 7 of that Ordinance;

“matter” includes every proceeding in the Court not in a cause;

"party" includes every person served with notics of or attending any

proceedings, although not named in the record;

"plaintiff" includes every person asking for any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;

"prescribed" means prescribed by rules made under section 49; "Registrar”, subject to the provisions of section 10 of the District Court Ordinance, 1953, means the Registrar of the District Court: "Rules Committee" means the District Court Rules Committes established under section 13 of the District Court Ordinance, 1953.

PART II.

JURISDICTION.

General.

3. (1) The Court shall have jurisdiction to hear and determine any action founded on contract or tort where the debt, demand or damage claimed is not more than five thousand dollars, whether on balance of account or otherwise:

Provided that the Court shall not, except as is provided in this Ordinance or by any other enactment, have jurisdiction to hear and determine-

(d) any action for the recovery of land; or

(b) any action in which the title to any hereditament is in question. (2) The Court shall have jurisdiction to hear and determine any action where the debt or demand claimed consists of a balance not exceeding five thousand dollars after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand,

recoverable

4. (1) The Court shall have jurisdiction to hear and determine Mosey any action for the recovery of any penalty, expenses, contribution or by enactment other like demand which is recoverable by virtue of any enactment for the time being in force and for the recovery of any sum which is declared by any enactment to be recoverable as a civil debt if—

(a) it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other court; and

(6) the amount claimed in the action does not exceed five thousand

dollars.

(2) For the purposes of this section, the expression "penalty" shall not include a fine to which any person is liable on conviction do indictment or on summary conviction.

part elutoa to give court jurisdiction.

5. (1) Where a plaintif has a cause of action for more than Abandon- five thousand dollars in which, if it were for not more than five ment of thousand dollars, the Court would have jurisdiction, the plaintiff may abandon the excess, and thereupon the Court shall have jurisdiction to hear and determine the action, so, however, that the plaintiff sball not recover in the action an amount exceeding five thousand dollars.

(2) Where the Court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the Court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be deemed to be made accordingly.