1962-HKRS29-8-29_Part02 — Page 3

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(b) the defendant, in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative to disclose any reasonable ground of defence; or

(c) any party being bound by an order made under paragraph (c) or (d) of subsection (1) of scection 29 fails without reasonable excuse to obey the same,

the Court may pronounce such judgment against him and in such terms as it shall think fit or make such order and impose such terms as to costs, payment into court, giving security or otherwise as it thinks fit

(2) Whenever, in the opinion of the Court, the issues are suffi- ciently established for the immediate determination of the cause, the Court may pronounce judgment forthwith in such terms as it shall think fit.

31. Where a claim is for a debt or for liquidated damages only

Summary judgment for and the defendant- part of a claim

Date of trial.

Notice of special defence.

(a) admits a sum less than the amount claimed; or

(b) in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative, to disclose any reasonable ground of defence with respect to part of the claim; or (c) has a counterclaim and it appears to the Court that the maximum amount which could be recovered thereunder, il the counterclaim were to be uphold, is less than the amount of the claim,

the Court may, if it thinks fil, enter judgment forthwith for the sum so admitted or for the sum in respect of which no reasonable ground of defence is disclosed or for a sum representing the difference between the amount of the claim and the maximum amount which appears to be recoverable on the counterclaim, as the case may be, with or without costs, and may permit execution to be levied forthwith on such judg- ment, without prejudice to the bearing and determination of the matters remaining in dispute between the parties.

32. Except with the consent of the parties or the leave of the Court no action or matter shall be heard or determined before the expiry of three clear days or such other period as may be prescribed after the service of the writ or other process originating the proceedings.

33. Except with the consent of the parties or the leave of the Court, which leave may be given on such terms as to costs, payment of money into Court, giving security or otherwise as the Court thinks fit, no defendant may rely on any equitable defence or on any special defence, such as set-off, illegality, want of consideration or the statule of limitations, unless at least three clear days written notice thereof has been given to the plaintiff, or to his counsel or solicitor, and to the Court.

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34. (1) In any civil proceedings, the Court may call to its aid Axessors. not more than two assessors specially qualified and may dispose of such proceedings, wholly or in part, with the aid of such assessor or ussessors, but the decision of the judge shall be the decision of the Court.

(2) The Court may determine the remuneration, if any, to be paid to an assessor in respect of his services:

Provided that nothing in this subsection shall authorize the pay- ment of remuneration to any person employed full time in any office of emolument under the Crown.

35. (1) The Supreme Court or a judge thereof, on application Exumination made in manner prescribed by the Code, may issue a commission, of witnesses request or order to examine witnesses abroad for the purpose of pro-

abroad. ceedings in the Court in the same manner as it or he may issue such commission, request or order for the purpose of an action or matter in the Supreme Court.

(2) Where any such application is made, the Supreme Court or a judge thereof, if it or he thinks it, may order that the proceedings be transferred to the Supreme Court.

36. (1) The reasons for any judgment or order of the Court may Oral and be delivered orally or in writing as the judge shall think fit:

Provided that where a judge has delivered his reasons orally, he may, of his own motion, at any time within thirty days thereafter and shall if so required at any time by any party who has obtained an order for a review under section 22 or has obtained or has been refused leave to appeal record the reasons for his judgment or order in writing.

(2) Every party to the proceedings shall be entitled to a copy of any written judgment or order on payment of such fees as may be prescribed.

(3) Where a judge records in writing the reasons for a judgment of order in accordance with the proviso to subsection (1), he may modify

the legal grounds thereof or substitute new legal grounds therefor.

written Judg ments, etc.

37. No action or other proceeding in the Court shall be treated Proceedings or considered as invalid or subject to be set aside on account of any nut to be set verbal or technical errors or other defect in form and any such error or want of nside for mistake may in any such case be amended or corrected by the Court, form.

38. (1) Where a judge is prevented by death, absence or other Death or wise howsoever from concluding the trial of any cause, any other judge, absence of with the consent of the parties, may proceed therewith and may give conclusion

Judge before judgment therein and in so doing may act not only upon any further of trial. evidence adduced in the proceedings but also upon any evidence already received insofar as it has been recorded.