CO129-273 - Governor Sir Robinson & Others - 1896 [10-12] — Page 455

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

WARRANTS.

0.0.

452

7426

RECP

REGE 7 APR 96

Rule 30.- for paragraph (b) substitute "In an action for or an action by the owner or consignee, or assignee of any Bill of Lading of any goods imported into the Colony in any ship, for damage done to the goods, or any part thereof, by the negligence or misconduct of, or for any breach of duty or breach of contract on the part of the owner, master or crew of the ship, the national character of the ship, and that, to the best of the Deponent's belief, no owner or part owner of the ship was domiciled in the Colony at the time of the institution of the action".

The Vice Admiralty Court Rules of 1883, on which the proposed rules are based, followed the wording of Section 10 (subs 10 & 11) of the Vice Admiralty Courts Act of 1863 (26 Vict. c.24) by which the jurisdiction of the Vice Admiralty Courts was then defined, but that Act was repealed by S.18 of the Colonial Courts of Admiralty Act 1890, (53 & 54 Vict c.27) which (by Sec. 2 (3)) assimilated the jurisdiction of the Colonial Courts of Admiralty to the Admiralty jurisdiction of the High Court in England. I propose therefore to alter the wording of Rule 30 (b) so as to make it agree with secs. 5 & 6 of the Admiralty Court Act 1861 (24 Vict. c.10) which governs the jurisdiction of the High Court, and consequently now governs also the Admiralty jurisdiction of the Colonial Courts.

Rule 30 might perhaps read more clearly if the first few words "the Affidavit shall also state" were omitted there and were inserted in each of the three paragraphs of the Rule, i.e. in (a) and (b) before the words "the national character" and in (c) after the word "Colony.

Appeals to Her Majesty in Council.

Rule 129 In lieu of the first part of this Rule from "notwithstanding" to "inhibition" substitute "Subject to any order of Her Majesty the Queen in Council, or of the judicial committee of the Privy Council, the full Court may" &c.

Rule 130 For this Rule substitute:

"An Appellant desiring to prosecute his appeal is to take such steps

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WARRANTS. 0.0. 452 7426 RECP REGE 7 APR 96 Rule 30.- for paragraph (b) substitute "In an action for or an action by the owner or consignee, or assignee of any Bill of Lading of any goods imported into the Colony in any ship, for damage done to the goods, or any part thereof, by the negligence or misconduct of, or for any breach of duty or breach of contract on the part of the owner, master or crew of the ship, the national character of the ship, and that, to the best of the Deponent's belief, no owner or part owner of the ship was domiciled in the Colony at the time of the institution of the action". The Vice Admiralty Court Rules of 1883, on which the proposed rules are based, followed the wording of Section 10 (subs 10 & 11) of the Vice Admiralty Courts Act of 1863 (26 Vict. c.24) by which the jurisdiction of the Vice Admiralty Courts was then defined, but that Act was repealed by S.18 of the Colonial Courts of Admiralty Act 1890, (53 & 54 Vict c.27) which (by Sec. 2 (3)) assimilated the jurisdiction of the Colonial Courts of Admiralty to the Admiralty jurisdiction of the High Court in England. I propose therefore to alter the wording of Rule 30 (b) so as to make it agree with secs. 5 & 6 of the Admiralty Court Act 1861 (24 Vict. c.10) which governs the jurisdiction of the High Court, and consequently now governs also the Admiralty jurisdiction of the Colonial Courts. Rule 30 might perhaps read more clearly if the first few words "the Affidavit shall also state" were omitted there and were inserted in each of the three paragraphs of the Rule, i.e. in (a) and (b) before the words "the national character" and in (c) after the word "Colony. Appeals to Her Majesty in Council. Rule 129 In lieu of the first part of this Rule from "notwithstanding" to "inhibition" substitute "Subject to any order of Her Majesty the Queen in Council, or of the judicial committee of the Privy Council, the full Court may" &c. Rule 130 For this Rule substitute: "An Appellant desiring to prosecute his appeal is to take such steps

Baseline (Original)

WARRANTS. 0.0. 452 7426 RECP REGE 7 AFR 96 Rule 30.- for paragraph (b) substitute "In an actionfoK "or an action by the owner or consignee, or assignee of ន any Bill of "Lading of any goods,imported into the Colony in any ship, for #damage done to the gods, or any part thereof, by the negligence or! "misconduct of, or for any breach of duty or breach of contract on "the part of the owner, master or crew of the ship, the national #character of the ship, and that, to the best of the Deponent's "belief, no owner or part owner of the ship was domiciled in the "Colony at the time of the institution of the action". The Vice Admiralty Court Rules of 1883, on which the proposed rules are based, followed the wording of Section 10 (subs 10 & 11) of the Vice Admiralty Courts Act of 1863 (26 Vict. c.24) by which the jurisdiction of the Vice Admiralty Courts was then defined, but that Act was repealed by S.18 of the Colonial Courts of Admiralty Act 1890, (53 & 54 Viet c.27) which (by Sec. 2 (3)) assimilated the jurisdiction of the Colonial Courts of Admiralty to the Admiralty jurisdiction of the High Court in England. I propose therefore to alter the wording of Rule 30 (b) so as to make it agree with secs. 5 & 6 of the Admiralty Court Act 1961 (34 Vic. ca which governs the jurisdiction of the High Court, and consequently now governs also the Admiralty jurisdiction of the Colonial Courts. Rule 30 might perhaps read more clearly if the first few words *the Affidavit shall also state" were omitted there and were inserted in each of the three paragraphs of the Rule, 1.2. in (a) and (b) before the words "the national character" and in (0) after the word "Colony. Appeals to Her Majesty in Council. Rule 129 In lieu of the first part of this Rule from "notwith- standing" to "inhibition" substitute "Subject to any order of Her "Majesty the Queen in Council, or of the judicial committee of the "Privy Council, the full Court may" &c. Rule 130 For this Rule substitute t "An Appellent desiring to rosecute his appeal is to take such steps

2026-05-28 05:43:29 · Baseline

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WARRANTS.

0.0.

452

7426

RECP

REGE 7 AFR 96

Rule 30.- for paragraph (b) substitute "In an actionfoK

"or an action by the owner or consignee, or assignee of

ន

any Bill of

"Lading of any goods,imported into the Colony in any ship, for

#damage done to the gods, or any part thereof, by the negligence or!

"misconduct of, or for any breach of duty or breach of contract on

"the part of the owner, master or crew of the ship, the national

#character of the ship, and that, to the best of the Deponent's

"belief, no owner or part owner of the ship was domiciled in the

"Colony at the time of the institution of the action".

The Vice Admiralty Court Rules of 1883, on which the proposed

rules are based, followed the wording of Section 10 (subs 10 & 11)

of the Vice Admiralty Courts Act of 1863 (26 Vict. c.24) by which

the jurisdiction of the Vice Admiralty Courts was then defined,

but that Act was repealed by S.18 of the Colonial Courts of

Admiralty Act 1890, (53 & 54 Viet c.27) which (by Sec. 2 (3))

assimilated the jurisdiction of the Colonial Courts of Admiralty to

the Admiralty jurisdiction of the High Court in England. I propose

therefore to alter the wording of Rule 30 (b) so as to make it

agree with secs. 5 & 6 of the Admiralty Court Act 1961 (34 Vic. ca

which governs the jurisdiction of the High Court, and consequently

now governs also the Admiralty jurisdiction of the Colonial

Courts.

Rule 30 might perhaps read more clearly if the first few words

*the Affidavit shall also state" were omitted there and were

inserted in each of the three paragraphs of the Rule, 1.2. in (a)

and (b) before the words "the national character" and in (0) after

the word "Colony.

Appeals to Her Majesty in Council.

Rule 129 In lieu of the first part of this Rule from "notwith-

standing" to "inhibition" substitute "Subject to any order of Her

"Majesty the Queen in Council, or of the judicial committee of the

"Privy Council, the full Court may" &c.

Rule 130 For this Rule substitute t

"An Appellent desiring to rosecute his appeal is to take such

steps

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