CO129-379 - Governor Sir Lugard - 1911 [8-9] — Page 213

and the old repealed Hongkong Code) of new English rules of proce- dure. Section 5 carries out the evident intention of section 36,

not affected owing to an error in drafting. Companies registered in Great Britain are foreign so far as Hongkong is concerned and are dealt with by section 37 as amended by section 6, and companies lik the Basel Mission (see Ordinance No.2 of 1896) are clearly inter jad (12- to be governed by the procedure under section 36. Section 7 substi. tutes procedure by summons for procedure by motion in applications to set aside writs and thereby save costs. Section 8 authorises thei deletion of unnecessary words without effecting a change in the law Section 9 gives the word "estate" the meaning assigned to it by the Probates Bill, 1911, and by the Stamp Bill, 1911. Section 10 is ne- cessary because it is intended that the word "statute" shall includ Ordinance. It did so under section 16 of Ordinance No.8 of 1897 (the old interpretation Ordinance) which is being repealed by the Interpretation Ordinance now before the Council. Section 11 repeals a section which was founded on the old Chancery practice of verify ing pleadings by oath and which is obsolete. Section 12 repeals the third sub-section of section 135 which is contradictory to section 700 and substitutes a useful sub-section. Section 13 modifies the lanuage of section 347 so as to bring the law into conformity with the actual practice of the Court., which is a convenient practice: Section 14 makes a slight amendment in section 349 with a view to checking frivolous applications. Section 15 repeals a sub-section which is no longer necessary since legal tender was established in the Colony. Section 16 states clearly what the existing practice i as to orders for "immediate execution", an expression which was l rather vague in the Principal Ordinance. Section 17 repeals a sec tion which is considered contradictory to section 394 and which is not to be found in the English practice. Section 18 is intended t make the presence of debtors in custody in Court or Chambers unns cesary in purely formal cases and to facilitate their discharge cases where there is no opposition thereto. Section 19 makes *** verbal alterations in accordance with the practice. Section 479 * required "the filing of a statement of claim and the service then of on the Crown Solicitor", which is a self contradictory requir

ment. It has moreover always been the practice of the law officers to advise the Governor to give his consent to actions against the Government where the facts were such as would have induced the

tr211 Attorney General of England to give his fiat. Section 20 repeals a transitory section of the Code, the effect of which has expired. Section 21 makes provision for the discharge of sur£ties, the dis- charge of the defendant being already provided for. Section 22 re- peals a sub-section the effect of which is spent. Section 23 re- peals a merely declaratory section, which is deemed superflous, especially as it is intended that the Orders in Council governing appeals from the decisions of the Full Court will be published in the third volume the new Revised Edition of the Ordinances, now in course of preparation. Section 24 is consequential. Section 25 add£ a proviso to section 624 declaratory of the existing practice both at home and in the Colony. Section 26 makes a grammatical correc- tion in section 627. Section 27 repeals a section which has never been and is never likely to be acted upon. Sections 28 and 29 make additions, based on the English Practice, to section 42 which is not at present complete and the latter part of Section 29 intro- duces portions of the said practice which the Government has been instructed to introduce by the Secretary of State in a despatch dated the 8th. May, 1911.

6. G. Alvaston

Attorney General.