1970-HKRS28-8-37_Part06 — Page 36

Authenticated Laws 確真本香港法例 All

Amendment of

section 15.

4. Section 15 of the principal Ordinance is amended by adding, after subsection (3), the following new subsection-

"(4) This section shall apply mutatis mutandis when any action, counterclaim or matter is ordered to be transferred from the District Court to the Supreme Court.".

Repeal of sections 27 to 33.

5.

Amendment of section 35.

Amendment of section 40.

Amendment of section 41.

Amendment of section 45.

The principal Ordinance is amended in Part III- (a) by deleting the subheading "Parties.";

(b) by deleting the subheading "Commencement of Proceed-

ings and Framing of Issues";

(c) by repealing sections 27. 28 and 29:

(d) by deleting the subheading "Summary Judgment, Trial,

etc.":

(e) by repealing sections 30, 31, 32 and 33.

6.

Section 35 of the principal Ordinance is amended in sub- section (1) by deleting "Code" and substituting the following-

"Rules of the Supreme Court".

7.

Section 40 of the principal Ordinance is amended in sub- section (3) by deleting "Code" and substituting the following-

"Rules of the Supreme Court”.

Section 41 of the principal Ordinance is amended by deleting "Code" and substituting the following-

"Rules of the Supreme Court”.

9. Section 45 of the principal Ordinance is amended in subsection (1)}~

(d) in paragraph (a), by inserting after "rent in arrear" the

following-

together with such sum as would have been pay... able as rent if there had been no re-entry or for- feiture.";

(b) by deleting paragraph (b) and substituting the follow-

ing-

(b) if the action does not cease as aforesaid and the Court at trial, or the Registrar in the case where an application is made to enter judgment in default of defence, is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, the Court or the Registrar shall order possession of the land to be given to the lessor at the expiration of such

period, not being less than four weeks from the date of the order, as the Court or the Registrar thinks fit, unless within that period the Jessce pays into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action as endorsed on the writ or as may be fixed by the Court or the Registrar:”:

(c) in paragraph (c), by inserting, after rent in arrear"

wherever they occur, the following-

" together with such sum as would have been pay-

+

able as rent if there had been no re-entry or for- feiture.".

10. The principal Ordinance is amended by adding, after section 48, the following new section-

"Suitors Fund Rules.

49. The Chief Justice may make rules for regu- lating the deposit, payment, delivery and transfer in. into and out of the Court of money, securities and movable property of suitors and the evidence of such deposit, payment, delivery or transfer, and the invest- ment of and other dealings with money, securities. and movable property in court, and the execution of orders of the Court, and the powers and dulies of the Registrar with reference to such money, securities and property, and, in particular, for doing all or any of the following things-

(a) regulating the placing on and withdrawal from deposit of money in court, and the payment or crediting of interest on money placed on deposit:

(b) determining the smallest amount of money on deposit on which interest is to be credited to an account to which money placed on deposit belongs:

(c) determining the time at which money placed on deposit is to begin and to cease to bear interest and the mode of computing such interest;

(d) determining the cases in which interest on money placed on deposit and the dividends on any securities standing in the name of the Registrar is or are to be placed on deposit.”.

Addition of new section 49,

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.