CO129-480 - Governor Sir Stubbs - 1923 [4-7] — Page 52

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.5 TONIBVOD

Rules made by the Chief Justice under section 5 of the Judgments (Facilities for Enforcement) Ordinance, 1921.

application.

1. Any application under section 3 of the Judgments (Facilities for The Enforcement) Ordinance, 1921, hereinafter called "The Ordinance", for leave to have a judgment obtained in a superior court in the United Kingdom, or in any part of His Majesty's Dominions outside the United Kingdom to which the Ordinance applies, registered in the Supreme Court of Hongkong shall be made to the court in its original jurisdiction ex parte or by summons return- able in chambers. If the application is made ex parte the court may direct a summons to be issued.

albavit

2. The application shall be supported by an affidavit of the facts exhi- The biting the judgment or a verified or certified or otherwise duly authenticated copy thereof and stating that to the best of the information and belief of the deponent the judgment creditor is entitled to enforce the judgment and the judgment does not fall within any of the cases in which under section 3 (2) of the Ordinance a judgment cannot properly be ordered to be registered. The affidavit must also, so far as the deponent can, give the full name, title, trade or business and usual or last known place of abode or business of the judgment creditor and judgment debtor respectively.

3. The affidavit, and the application or summons as the case may be, shall Title of be intituled

IN THE SUPREME COURT OF HONGKONG.

ORIGINAL JURISDICTION.

Miscellaneous Proceeding No......of 19......

"In the Matter of the Judgments (Facilities for Enforcement) Ordinance, 1921, and In the matter of a Judgment of the (describing the court)

obtained in

(describing the cause or matter) and dated the

19......."

day of........

niidavit and

4. The summons (if any) for leave to register shall be an originating Service of summons and (unless otherwise ordered by the court) shall be served in the same manner as a writ of summons is required to be served. The judgment debtor shall not be required to enter any appearance thereto.

5. Any order giving leave to register shall be drawn up by or on behalf The order. of the judgment creditor and when the order is made on a summons the order shall be served on the judgment debtor, but where the order is made on an ex parte application no service of the order on the judgment debtor shall be required.

6. The order giving leave to register the judgment shall state the time within which the judgment debtor is to be entitled to apply to set aside the registration. Such time, where the judgment debtor is, or is ordinarily resident, within the jurisdiction shall ordinarily be 14 days, and when the judg- ment debtor is, or is ordinarily resident, out of the jurisdiction shall be such time as the court may order.

of order,

7. The register of judgments ordered to be registered under the Ordi- The register, nance shall be kept in the Registry of the Supreme Court under the direction of the Registrar. The judgment shall be registered therein in accordance with the order giving leave to register it.

register.

8. The register shall be arranged in alphabetical order in the surname of of the judgment debtor, and there shall be entered in the register the date of

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