1970-HKRS28-8-37_Part06 — Page 22

Item.

Ordinance.

12

Amendment.

3. The following new section is added after section 48--

"Orders for farbeni EASTATIC. 1969, 4. SE, 5. 21.

MA. (D) The power to make civil procedure rules under section 48 shall include power by any such rules to make provision for enabling the Court in which any proceedings are pending, in such circumstances as may be specified in the rules, to make an order requiring a party to the pro- ceedings to make an Interim payment of such amount as may be specified in the order, either by payment into court or (if the order so provides) by paying it to another party to the proceedings.

(2) Where any such rules make provision in accordance with subsec- tion (1), the rules may include pro- vision for enabling a party to aty proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

(3) Any miles made by virtue of this section may include such Incid- ental, supplementary and consequential provisions as the authority making the rules may consider necessary or expedient.

(4) Nothing in this section shall be construed as affecting the exarcisa · of any power relating to costs, includ- ing any power to make rules relating to costs.

(5) In this section-

(d) "interim payment", in rela

tion to a party to any pro ceedings, means a payment or Becount of any damages, debt or other som (excluding any costs) which that party may be held liable to pay lo or for the benefit of an-

other party to the proceed ings if a final judgment of order of the Court in the

Trem.

Ordinance.

1969, 38,

13

Amendment.

proceedings is given or made in favour of that other party; and

(b) any reference to a party to any proceedings includes a reference to any person who for the purposes of the pro- ceedings acts as next friend or guardian of a party to the proceedings.

(6) This section shall bind the Crown so far as (but no further than) any proceedings to which the section is applicable can be brought by or against the Crown in accordance with the Crown Proceedings Ordinance.".

Passed by the Hong Kong Legislative Council this 16th day of December. 1970.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill,

Clerk to the Legislative Council.