CO129-444 - Governor Sir May & Acting Governor Claud Severn - 1917 [10-12] — Page 51

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HONGKONG.

No. 22 or 1917.

I assent to this Ordinance.

F. H. MAY,

LS

Governor.

49

1.0

5th October, 1917.

An Ordinance to facilitate Legal Proceedings

against Enemies in certain cases.

[5th October, 1917.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Legal Pro- Short title, ceedings against Enemies Ordinance, 1917.

5 & 6 Geo, 5, c. 30, s. 5.

to writa

2.-(1) Leave may be given to issue a writ of sum- Provision mons in the Supreme Court for service on an enemy out with respect of the jurisdiction or of which notice is to be given to issued an enemy out of the jurisdiction if the court is satisfied against that the case is a case to which this section applies, and ceny in the court may, on application made at the time leave is certain cases. so given or at any subsequent time, if satisfied that the 5 && Gen. J writ cannot promptly be served or brought to the notice 30, s. 1. of the enemy defendant by any of the usual means, make an order (in this Ordinance referred to as au enemy service order) directing substituted or other service of the writ or the substitution of notice for service by means of advertisement or otherwise ; and on that order being complied with, all proceedings may be taken on the claim as if the writ had been served on tho enemy defendant by the usual means.

(2) The Chief Justice may make such rules as he thinks fit for expediting proceedings and regulating procedure generally in a case where an enemy service order has been made and the enemy defendant does not appear; and any rules so made shall have effect as if they were included in the rules of court for the time being in force.

(3) The court, where an enemy service order has been made and it appears not to be practicable to obtain the best evidence of any document which is, in the opinion of the court material to the case, may admit such other evidence thereof as appears proper in the circumstances.

(4) The court shall have power, where an enemy service order has been made and the enemy defendant does not appear, to order the plaintiff, though success- ful, to pay the whole or any part of the costs of the proceedings, if the court consider that it is just to do so in the special circumstances of the case.

(5.) The fact that, for the purpose of obtaining the benefit of this section, a writ of summons has been indorsed only with a claim for a declaration in accord- ance therewith shall not prevent any other declaration

or any consequential or other relief being claimed in other proceedings, or prevent the case being dealt with, although no such other declaration or consequential or other relief is claimed,