CO129-164 - Sir Kennedy - 1873 [7-9] — Page 37

ABBREVIATIONS.

1. C.-Indian Code of Civil Procedure, (Act VIII of 1859.)

I. A.-Indian Act, No. of

S. R.--Shanghai Rules, (Rules of H. M. Supreme Court for China and Japan.)

1. E. A.-Indian Evidence Act, No. 1 of 1872.

R. H. T.-Regulæ Generales of Hilary Term, 1853.

R. J. C.-Report of the Royal Judicature Commission.

C. L. P. A.-The Common Law Procedure Act.

G. O. H. K.-General Orders of the Supreme Court of Hongkong.

O. G. G. L--Order of the Governor General of India in Council.

R. H. C. B.-Rules of the High Court of Bengal, Original Jurisdiction.

35

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to simplify and assimilate the Procedure and Practice of the Supreme Court in its Common Law and Equity Jurisdictions and to amend and consolidate the Provisions of the Law relating thereto.

R. J. C. 10.

Arrowsmith,

2

Chandler,

27 L.T. (N.S.) 242.

[

INTRODUCTION.

1873.]

THEREAS it is expedient to simplify and assimilate the Procedure and Practice of

the Supreme Court in its Common Law and Equity jurisdictions and to amend and consolidate the Provisions of the Law relating thereto: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:--

I. This Ordinance may be cited for all purposes as "The Hongkong Code of Civil Procedure."

II. The following terms and expressions shall be understood as hereinafter defined or explained, unless there be something in the subject or context repugnant to such definition or explanation; that is to say:--

"Court" shall mean the Supreme Court and shall include the Chief Justice or other Judge of the Supreme Court sitting in Court or in Chambers.

Registrar" shall mean the Registrar of the Supreme Court.

"Code" shall mean the Code of Civil Procedure introduced by this Ordinance. "Cause of Action" in suits on contracts, or arising thereout, shall mean the breach of contract complained of and not necessarily the whole cause of action. III. Nothing in this Ordinance contained shall be deemed :-

(1.) To affect the Rights, Privileges, or Remedies of the Crown.

(2.) To affect any Provisions relating to the jurisdiction and powers of the Supreme Court contained in the Order of Her Majesty the Queen in Council of the 9th day of March, 1865, for the Government of Her Majesty's subjects in China and Japan, nor the existing jurisdiction or powers of the Supreme Court;

(3.) To affect the Procedure and Practice of the Vice-Admiralty Court, or of the Courts of Probate and Bankruptcy;

(4.) 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 last mentioned suit, action, or other proceeding shall desire to carry on and continue the sarae, so far as may be practicable under the Provisions of this Code, the Court may, in its discretion, permit them so to do upon such terms and conditions, as it may think reasonable.