Designu- tions.
Provisions relating to jurisdiction.
Defendants
in different
Jistricts.
(3) A copy of the map or plan for the time being in force and lodged with the Registrar in accordance with paragraph (2) shall at all times be posted in a conspicuous place to which the public have access at each registry designated in rule 4.
4.
(1) The court sitting in—
(a) the Victoria District shall be known and referred to as the
Victoria District Court,
(b) the Kowloon District shall be known as the Kowloon District
Court; and
(c) the Fanling District shall be known as the Fanling District
Court.
(2) There shall be a district registry attached to the court sitting in each district, which shall be known and referred to as the Victoria District Registry, the Kowloon District Registry and the Fanling District Registry respectively.
5. (1) An action in relation to any immovable property for ascer- taining the title, ownership, user or right to possession thereof, or in relation to any mortgage or charge thereon, or to any interest of any other nature therein, or for damages for any injury thereto, or for any equitable remedy in respect thereof or restraint on the user of the same. shall be commenced in the district in which the property is situate.
(2) An action in relation to any personal property distrained on or seized shall be commenced in the district in which the process was issued.
(3) Any other action shall be commenced in the district in which the defendant has his principal place of business, if any, or if he is not carrying on business, in the district in which he resides, or if he has neither place of business nor residence in the Colony, then in the district in which the cause of action arose.
(4) Notwithstanding anything in this rule, the Registrar may, in his absolute discretion, permit any action which by this rule should be commenced in the Kowloon District to be commenced in the Fanling District or may permit any action which by this rule should be com- menced in the Fanling District to be commenced in the Kowloon District.
(5) For the purpose of this rule an action shall be deemed to commence when the writ of summons therein has been sealed in the appropriate district registry,
6. If in any case governed by paragraph (3) of rule 5 there are in an action originally or by joinder defendants residing in or carrying on business in different districts the action may, subject to any direction by the Court, be commenced or continue in any such district.
7
1. (0) All proceedings in an action shall continue in the district Coodnuance
of actions.
in which the action is commenced and such action may be heard and and transfer determined therein unless and until an effective order be made to transfer the action to the Court sitting in another district or to the Supreme Court.
(2) Subject to any directions which may be given in that behalf by the Chief Justice, a judge may, for securing the more convenient or expeditious disposal of any action or matter pending in a district in which he is for the time being sitting, order that such action or matter or any proceeding therein be transferred to another district; any such order may be made at any stage by the judge of his own motion or on the application of any party on such grounds relating either to the particular circumstances of the action or matter or to the state of che lists generally in each district as the judge may think fit.
(3) Where a judge makes an order of transfer to another district of his own motion there shall be no appeal from such order, but where such an order is made on the application of any party an appeal shall lie in accordance with the provisions for the time being applicable to proceedings in the Court,
(4) In any case in which an action has been commenced in the district other than that in which it ought to have been commenced, the judge may if he considers it just direct that the case be tried in the district in which he is for the time being sitting or may order it to be transferred to any other district.
8. (1) Notwithstanding anything contained in these rules the Jurisdiction Court sitting in each district shall in relation to process have jurisdiction of districts in any district.
(2) All process of the Court shall, irrespective of the district in which the action in which it arises is proceeding, be enforced by the Court sitting in the district where the process is to be served, delivered, executed, or otherwise carried out.
PART III.
GENERAL RULES OF PRACTICE AND PROCEDURE. Application of Code of Civil Procedure and of English practice and procedure.
în process.
to the
9. (1) Subject to the provisions of the Ordinance and of these Application rules, the Code as for the time being enacted and save as it therein of the Code may otherwise be provided shall apply to proceedings in the Court as Court. it applies to proceedings in the Supreme Court with such modifications as are necessary for that purpose.
(2) Those parts of the Code which are listed in the Schedule shall Schedule. not apply to the Court or to any proceedings in the Court,
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