CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 25

Britisn military Administration, Hong Kong.

Proclamation No.

01 194.

25

5

Short Title.

Jurisdiction of the Courts.

Limitation of actions.

Infancy no bar.

Appointment of

person to

execute process.

A Proclamation concerning the jurisuiction of Military Courts in relation to civil claims and other matters.

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1. This Proclamation may be cited as the Military Courts (Civil Jurisaiction) Proclamation, 194

Place of holding sittings.

2.

Part 1.

Summary Jurisdiction in respect of Civil claims.

It shall be lawful for any court established under or by virtue of the Military Courts Proclamation, 194 to exercise a summary jurisdiction at law and in equity in all actions or matiers wherein the claim or debt sought to be recoverea falls within the provisions of sub-section (2) of section 2 of the Moratorium Proclamation, 194, provided that the defendant is residing or carrying on business, or was/the cause of the action arose residing or carrying on business in that part of the Colony in which sucn court was empowered to exercise its jurisdiction under the said Mliitary Courts Proclamation, 194.

3. No action shall be commenced Ifor any claim or debt falling within the provisions of paragraphs (b) (c) and (d) of sub-section (2) of section 2 of the Moratorium Proclamation, 194, unless the cause of action accrued within one year next preceding the commencement of such action.

4.

No person shall be precluded or exempted from suing or being sued for any aebt by reason of his not having attained the full age of twenty-one years.

5.

It shall be lawful for each and every court exercising jurisoiction hereunder to appoint fit persons to execute any process of such court: provided always that any writ of summons or other document whatsoever used in connection. with any cause or matter in any court may be served or executed by any bailiff or other officer of any other court.

6.

For the purposes of this Proclamation any court exercising jurisdiction hereunder may hold its sittings in any place in which it is, in the opinion of the court, in the interests of justice or for the convenience of witnesses that such sittings should be nelá.

Register or Civil actions.

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Procedure.

Each court exercising jurisdiction under or by virtue of this Proclamation snail keep or cause to be