CO129-531-6 Code of Civil Procedure Amendment Ordinance- 1931 23-10-1931 - 27-10-1931 — Page 5

Enclosure No. 2.

5

ATTORNEY GENERAL'S CHAMBERS,

Hong Kong 23rd October,・ 193 1.

REPORT ON ORDINANCE No

32

of 193

1.

1.

I have examined the accompanying Ordinance.

intituled an

Ordinance to amend the Code of Civil Procedure, and I am

of opinion that the Ordinance is one which is not contrary to

f

the Governor s instructions.

2.

Under section 439 of the principal Ordinance, when a

judgment debtor is committed to prison in execution of

judgment, the Court fixes whatever monthly allowance it may

think sufficient for his subsistence, not exceeding twenty-

five cents per diem, which is to be paid by the person at

whose instance the judgment has been executed to the

Superintendent of Prisons by monthly payments in advance.

This maximum was the rate fixed by section 79 of the

Hong Kong Code of Civil Procedure (Ordinance No. 13 of 1873)

which has been replaced by the present Code of Civil Procedure

(Ordinance No.3 of 1901). The maximum is insufficient to

meet the cost of maintenance; the average cost per prisoner

in 1930 having being in excess of $1.25 per diem. In 1931

it is expected to cost more. This Ordinance raises the

maximum to $2.00 and substitutes the words "support and

Page

age 6

6

END

maintenance", which in relation to prisoners have been

held to include the salaries of officers and the

expense of keeping up the prison as well as houseroom,

food, clothing, bedding and fuel (The queen v. Gravesend

Borough Council 5 E. and B. 459), for the word

"subsistence" which does not appear to have been the

subject of judicial interpretation.

3.

In my opinion this is an Ordinance to which His

Excellency the Governor may properly as sent in the name

of His Majesty and on His behalf.

eqalabant

Attorney General.

Page

age 6

82746