1962-HKRS29-8-29_Part02 — Page 6

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(Cap. 31

Repeal (Cap. 5).

(2) The power to make such civil procedure rales shall extend to all matters of procedure or practice or matters relating to or coo- cerning the effect or operation in law of any procedure or practice in any case within the cognizance of the Court as to which rules of the Supreme Court have been or might be made for cases within the cognizance of the Supreme Court and shall include power to make rules as to proceedings by or against the CrowD.

(3) Without prejudice to the generality of the foregoing provisions of this section, the power to make civil procedure rules shall extend

to--

(a) providing for the division of the Colony into districts for the purposes of venue in civil proceedings and delineating and describing such districts;

(b) prescribing the district in which proceedings are to be com- menced and the procedure to be adopted where proceedings are commenced in one district which should under the rules have been commenced in another district;

(c) prescribing the circumstances in which proceedings may be transferred from one district to another district and the procedure consequent on any such transfer;

(d) authorizing the Registrar to enter judgment by default: (e) authorizing a judge to direct that the hearing in proceedings pending in any district shall take place in some other district; () regulating or providing for any matlers which were formerly regulated or provided for by the Supreme Court (Summary Jurisdiction) Ordinance.

(4) Any rule made in accordance with the provisions of this section may be so made as to modify, with respect to proceedings in the Court, any rule of law or practice as to the proof of any malter or as to the reception or admissibility of any matter in evidence.

(5) No rule made in accordance with the provisions of this section shall apply to any proceedings by or against the Crowɑ except in so far as it expressly purports so to do.

PART VI.

REPEAL. TRANSITIONAL PROVISIONS, ETC.

49. (1) The Supreme Court (Summary Jurisdiction) Ordinance is repealed and that Ordinance, in so far as it applied to the District Court immediately before the coming into operation of this Ordinance, notwithstanding the previous repeal of part thereof, shall cease to so apply.

(2) Subsection (3) of section 11 of the Crown Proceedings (18 of 1957). Ordinance, 1957, is repealed.

(3) Where by any enactment jurisdiction is conferred on the Supreme Court in its summary jurisdiction, such jurisdiction is hereby conferred on the Court.

50. (1) The statutes of limitations applicable to proceedings in Limitation the Supreme Court shall apply to proceedings in the Court, including of ections. proceedings pending in the Court at the date of coming into operation of this Ordinance.

(2) Notwithstanding the provisions of section 6 of the Supreme (Cap. 5). Court (Summary Jurisdiction) Ordinance, an action may be commenced and judgment given in and enforced by the Court for the recovery of any sum of money within the jurisdiction of the Court, which prior to the coming into operation of this Ordinance could not, by virtue of section 6 of that Ordinance, bave been recovered by action in the Court.

SI. Notwithstanding the provisions of section 49, any action or Saving. other proceedings in the District Court pending and not disposed of at the date of coming into operation of this Ordinance shall, save as is herein otherwise expressly provided, be disposed of as if this Ordin- ance bad not been enacted.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 25th day of July, 1962, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat GR20/3231/52)

On Aut

Deputy Clerk of Councils.