CO129-164 - Sir Kennedy - 1873 [7-9] — Page 59

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

(44)

2. The Court shall not grant the Order except on evidence on oath establishing such a case, as if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the order or decree.

3. A certified copy of the affidavit or deposition on which the order is granted shall be served on the party to whom the order is directed together with the order, and he may file counter affidavits.

4. On the return day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending, and if the Court is -or if he attends and does not show cause satisfied that the order has been duly served,-

to the satisfaction of the Court why he should not be punished for the disobedience,—— the Court may issue a warrant for his commitment to prison.

The Court may cnlarge the time for the return to the order, or may, on the return of it and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience. 6. A person committed for disobedience to a decree or order is liable to be detained in custody until he has obeyed the decree or order in all things that are to be imme- diately performed, and given such security as the Court thinks fit to obey the other --or in case parts of the decree or order (if any) at the future times thereby appointed,- of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.

PART IV.

FOREIGN ATTACHMENT AND OTHER SPECIAL SUITS.

57

Comments

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

No comments yet.

Private Research Note

Private notes are available after approval.