CO129-548-12 Supreme Court Amendment Ordinance 1934 24-8-1934 - 5-9-1934 — Page 7

ATTORNEY GENERAL'S CHAMBERS,

Hong Kong,..24th August,...1934.

REPORT ON ORDINANCE No.

27 of 1934.

7

1. I have examined the accompanying Ordinance. intituled an Ordinance to amend further the Supreme Court Ordinance, 1873,

and am of opinion that it is one which is not con trary to

the Governor's instructions.

2. The Crown Remedies Ordinance, 1875, the Crown Suits Ordinance, 1910, and sections 10 and 15 of the Estate Duty

4183/"Ordinance, 1932, provide certain means whereby in Hong Kong

the Crown can enforce its civil claims, but nowhere is any procedure laid down whereby a claim can be instituted against

a person who is resident outside the jurisdiction. procedure is provided in England by sections 37 and 38 of the Crown Suits, etc., Act, 1886 (28 and 29 Vict.,c.104), and

by other enactments.

(3)m 62807

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Such

3. The necessity for giving the Crow in Hong Kong the

same powers in this direction as it has in England has re-

cently been made abundantly clear by the refusal of certain

persons, resident outside the jurisdiction, to answer a claim

for estate duty. The amendment effected by section 2 of

this Ordinance of the proviso which was added to section 6 of the principal Ordinance by the Supreme Court Amendment Ordinance, 1929, introduces in the Colony the same practice

and procedure on the revenue side as well as in respect of