1965-HKRS30-8-56_Part01 — Page 5

Revocation

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after the date upon which the appellant has given notice to the respondent in accordance with paragraph (4).

(4) Within two days after an appeal has been set down the appellant shall give notice to that effect to all parties on whom the notice of motion and record of appeal were served specifying the date fixed for the hearing of the appeal.".

5. Rule 15 of Order XXIX of the principal rules is revoked and

and replace replaced by the following-

ment of rule

15 of Order XXIX.

"Memoran-

dum of appeal.

Schedule, Form 63.

15. (1) The appellant shall prepare a memorandum of appeal setting forth concisely and under distinct heads, without argument or narrative, the grounds of objection to the decision appealed against, specifying the points of law or fact which are alleged to have been wrongly decided, such grounds to be numbered consecutively, and setting forth the precise form of the order which the appellant proposes to ask the Full Court to make,

(2) The appellant shall not without the leave of the Full Court put forward any ground of objection or supply for any relief not set forth in the memorandum of appeal, but the Full Court in deciding the appeal shall not be confined to the grounds set forth by the appellant and may grant an appellant any relief not set forth in the memoran- dum of appeal which it could have granted if such relief were set forth.

(3) The memorandum of appeal shall be substantially in Form 63 in the Schedule.

(4) The appellant shall attach to such memorandum copies of the proceedings in the court below, including—

(a) copies of the documents in the nature of pleadings, so far as is necessary for showing the matler decided and the nature of the appeal;

(b)

(i) a copy of the transcript of the official short- hand note taken under rule 13 of Order XIII:

Provided that there may be excluded from such copy so much of the evidence of any witness or witnesses which the parties have agreed or the judge is of opinion would be of no assistance to the Full Court; or

(ii) a copy of the judge's note taken under rule 11 of Order XIII where--

(a) the judge has intimated under rule 13 of Order XIII that in the event of an appeal his note shall be sufficient; or

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(b) no official shorthand note has been taken

under rule 13 of Order XIII:

Provided that there may be excluded from such copy so much of the judge's note of the evidence of any witness or witnesses which the parties have agreed or the judge is of opinion would be of no assistance to the Full Court:

(c) copies of all affidavits read and of all documents put in evidence in the court below so far as they are material for the purposes of the appeal, or if such documents are not in the English language, copies of certified translations thereof;

(d) a copy of the judgment, decree or order appealed

from:

(e) a written statement approved by the judge of the grounds of the decision appealed from or if a written judgment or order is delivered or made, a copy thereof;

(f) a copy of the notice of motion.

(5) The memorandum of appeal and the documents attached thereto under paragraph (4) hereof shall together be called the record of appeal.

(6) A draft index of the documents to be included in the record of appeal shall be sent by the appellant to every respondent who or (if more than one) any of whom may within seven days object to the inclusion or exclusion of any document. In the event of the parties being unable to agree the matter shall be referred to the Registrar who may require the parties to attend before a judge. The Registrar as well as the parties shall endeavour to exclude from the record of appeal all documents (more particularly such as are merely formal) that are not relevant to the subject matter of the appeal taking special care to avoid the duplication of documents and unnecessary repetition of headings, and other merely formal parts of documents. Where in the course of preparation of the record of appeal one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record of appeal, as finally printed or typed shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the in- clusion of the document was objected to.