# Title.
Preamble.
Short title.
clause.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to consolidate the Procedure and Practice of the Supreme Court and amend the Provisions of the Law relating thereto, and to give to the Supreme Court Summary Jurisdiction in certain Cases.
1872.]
[
WHEREAS it is expedient to simplify and facilitate the procedure and practice of the Supreme Court of Judicature in its Common Law and Equity Jurisdictions and to amend and consolidate the provisions of the Law relating thereto, and to give to the Supreme Court Summary Jurisdiction in suits not exceeding Five hundred Dollars: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as "The Hongkong Code of Civil Procedure.”
## Interpretation
2. In the interpretation of this Ordinance the expression "The Court" shall mean the Supreme Court and shall include the Chief Justice or other presiding Judge in Chambers, except where the nature of the provision or the context shall be repugnant to such construction. The expression "The Civil Code" shall mean this Ordinance.
## This Ordinance not to affect.
## Repeal of certain Ordinances.
## All civil suits to be instituted under this Ordinance.
8. Nothing in this Ordinance contained shall be deemed:
1. To affect the jurisdiction of the Supreme Court in respect of the grant of prerogative writs;
2. To affect the procedure and practice of the Vice-Admiralty Court or of the Courts of Probate and Bankruptcy;
3. To affect any suit, action, or other proceeding instituted at the time of the commencement of this Ordinance: Provided always that in case the parties to any such suit, action, or other proceeding shall desire to carry on and continue the same, so far as may be practicable under the provisions of this Ordinance, the Court may in its discretion permit them so to do upon such terms and conditions, as it may think reasonable.
4. The Ordinances and Sections of Ordinances appearing in the Schedule hereto, are hereby repealed; If any case shall arise for which provision may not have been made by this Ordinance, so often as the same shall happen, the Court may in its discretion apply or permit to be applied any provision of the law now in force, so far as the same may be applicable to the circumstances of such case, and so far as the same shall not conflict with this Ordinance and can be made auxiliary thereto, for the purpose of doing justice between the parties.
## Practice under the Civil Code.
5. Subject to the provisions herein before contained, all civil suits and proceedings in the Court, shall, from and after the commencement of this Ordinance and during the continuance thereof, be instituted and carried on in the manner hereinafter provided.
## DECISION OF QUESTIONS WITHOUT FORMAL SUIT.
## Questions of Fact.
6. Where the parties between whom a suit might be instituted are agreed as to any question of fact to be determined between them, they may by consent and by order of the Supreme Court or other Court on summons,—which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,—proceed to the trial of any question of fact without any petition presented or other pleading.
## In what cases applicable.
## Issue.
7. Such question may be stated for trial in an issue, and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.
## Money payment.
8. The parties may, if they think fit, enter into an agreement in writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.
## Costs.
9. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.
## Effect of decree.
10. The issue and proceeding and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
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Title.
Preamble.
Short title.
clause.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to consolidate the Procedure and Practice of the Supreme Court and amend the Provisions of the Law relating thereto, and to give to the Supreme Court Summary Jurisdiction in certain Cases.
1872.]
[
WHEREAS it is expedient to simplify and fase tea proce
dure and practice of the Supreme Court of Judicature in its Common Law and Equity Jurisdictions and to amend and consolidate the provisions of the Law relating thereto, and to give to the Supreme Court Summary Jurisdiction in suits not exceed- ing Five hundred Dollars: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as "The Hongkong Code of Civil Procedure.” Interpretation 2. In the interpretation of this Ordinance the expression "The Court" shall mean the Supreme Court and shall include the Chief Justice or other presiding Judge in Chambers, except where the nature of the provision or the context shall be repug- nant to such construction. The expression "The Civil Code" shall mean this Ordinance.
This Ordinance not to affect.
Repeal of certain Ordinances.
All civil suits
to be instituted
under this
Ordinance.
8. Nothing in this Ordinance contained shall be deemed: 1. To affect the jurisdiction of the Supreme Court in respect
of the grant of prerogative writs;
2. To affect the procedure and practice of the Vice-Admiralty Court or of the Courts of Probate and Bankruptcy;
3. To affect any suit, action, or other proceeding instituted at the time of the commencement of this Ordinance: Provided always that in case the parties to any such suit, action, or other proceeding shall desire to carry on and continue the same, so far as may be practicable under the provisions of this Ordinance, the Court may in its discretion permit them so to do upon such terms and conditions, as it may think reasonable.
4. The Ordinances and Sections of Ordinances appearing in the Schedule hereto, are hereby repealed; If any case shall arise for which provision may not have been made by this Ordinance, so often as the same shall happen, the Court may in its discretion apply or permit to be applied any provision of the law now in force, so far as the same may be applicable to the circumstances of such case, and so far as the same shall not conflict with this Ordinance and can be made auxiliary thereto, for the purpose of doing justice between the parties.
Practice under the Civil Code.
5. Subject to the provisions herein before contained, all civil suits and proceedings in the Court, shall, from and after the commencement of this Ordinance and during the continuance thereof, be instituted and carried on in the manner hereinafter provided.
DECISION OF QUESTIONS WITHOUT FORMAL SUIT. Questions of Fact.
6. Where the parties between whom a suit might be this proceeding instituted are agreed as to any question of fact to be determined
In what cases
applicable.
Issue.
Money pay- ment.
Costs.
Effect of
decree.
between them, they may by consent and by order of the Supreme Court or other Court on summons,-which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,--proceed to the trial of any question of fact without any petition presented or other pleading.
7. Such question may be stated for trial in an issue, and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.
8. The parties may, if they think fit, enter into an agreement in writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a suin of money, fixed in the agreement, or to be ascertained by the Court upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.
On the finding of the Court in any such issue a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.
9. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.
10. The issue and proceeding and decree shall be recorded, and the decree shall have the same effect as a decree in a contested snit.
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