CO537-6046 — Page 250

SUPPLEMENT NO. 1, JULY 16, 1948.

uch assignment or confirmation was required is void or voidable at his instance or would have been void or voidable at his instance but for the enactment of this Ordinance.

(2) A defendant shall be entitled to rely upon any defence not inconsistent with this Ordinance upon which he would have been entitled to rely had this Ordinance not been passed.

10. (1) The Chief Justice may make general rules and orders Rules. subject to the approval of the Legislative Council, for regulating-- (a) the practice and procedure of the Court in respect of proceedings of any kind under this Ordinance;

solicitors;

(b) the forms to be used;

(c) Court fees; the fees of counsel and the costs of

(d) generally for the better carrying out of the provisions of this Ordinance relating to legal proceedings and relating to the carrying out of the orders and directions of the Supreme Court.

(2) Until such rules and orders are made and in as far as the same may make no provision the rules and orders, practice and procedure, forms and fees for the time being in force in the Supreme Court in its original or summary jurisdiction as the case may be shall be deemed to be in force with such modifications as the circumstances may require.

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which were

11. Whenever, by reason of the regulations practice or pro- Provision cedure applicable to the Japanese House Registration Office, or for instru- by reason of the absence of parties, or for any other reason which ments not

carrying out the Court shall deem sufficient, a conveyance assignment or other the true disposition of any land house or building, executed during the intention Japanese occupation otherwise than by way of mortgage or of the re-assignment, was not registered at the Japanese House Registra- parties and tion Office and such conveyance assignment or other disposition not regis- was, by reason of not being under seal, or owing to the parcels tered in the being incorrectly described, or through any defect in form or Japanese otherwise, inoperative, according to the law in force in the Colony House Regis- immediately prior to the Japanese occupation, to carry out the office. true intention of the parties then the provisions of sections 5, 6, 7, 9 and 10 of this Ordinance shall apply to such conveyance assignment or disposition in like manner as if it had been a Japanese assignment within the meaning of this Ordinance.

Passed the Legislative Council of Hong Kong, this 14th day of July, 1948.

tration

ALASTAIR TOdd, Deputy Clerk of Councils.

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