1965-HKRS30-8-56_Part02 — Page 39

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SUPREME COURT ORDINANCE

(Chapter 4).

CODE OF CIVIL PROCEDURE (AMENDMENT) (NO. 4)

RULES 1966,

In exercise of the powers conferred by section 37 of the Supreme Court Ordinance. We, the Rules Committee, hereby make the following Jules-

1. These rules may be cited as the Code of Civil Procedure citation. (Amendment) (No. 4) Rules 1966.

Onder XVII of the Code of Civil Procedure (hereinafter Amendment referred to as the principal rules) is amended in rule 75 by the deletion of rule 13 of of paragraph (3) thereof and the substitution therefor of the following-

Schedule, Form 45.

3.

Order XVII.

(Vol. VII,

(3) On the application being received the Registrar Þ.44). shall forthwith bring it to the notice of the court, and the Court shall cause the judgment creditor to be furnished with a copy thereof and shall fix a reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold or may signify his intention of appearing and opposing the applica- tion and in that event in order to succeed the judgmeDi creditor shall make proof that the judgment debtor's inabili- ty to satisfy the judgment is attributable to unjustifiable extravagance in living or that the judgment debtor, for the purpose of avoiding payment of the debt, has wilfully con- cealed property or bis right or interest therein, or fraudu- lently transferred or removed property, or committed any other act of bad faith:

Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless within the period fixed as aforesaid he shall have signified in writing to the Registrar his intention of so appearing and opposing the application.".

Part III of the principal rules is amended by the addition, after Amendment Order XXIV, of the following-

Reference

for report.

15 & 16 Geo.

5, c. 49, s. 68.

"ORDER XXV.

REFERENCE TO ARBITRATION UNDER ÖRDER OF COURT.

1. (1) Subject to the provisions of these rules and to any right to have particular cases tried by a jury, the court may refer to a special referee for inquiry or report any question arising in any cause or matter, other than a criminal proceeding by the Crown.

of Pare TIJ.