CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 75

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Power of the Council to prosecute or defend legal proceedings.

8.276

Appearance of the Council in legal proceedings. 8.277

Ord. No.1 of 1871.

Matters which need not be

proved.

8.278

Cape Coast T.C. Ord. 1944, s.105.

PART XIII

75

department or officer thereof under the provisions of this

Part of this Ordinance shall have all the functions and

privileges and may exercise all the powers which an officer

or employee of the Council would have and might exercise in

performing those duties.

Legal Proceedings.

129. Where the Council deem it expedient for the

promotion or protection of the interests of the inhabitants

of the Municipality they may prosecute or defend any legal

proceedings.

130, The Council may by resolution authorize any member

or officer of the Council, either generally or in respect af

any particular matter, to institute or defend on their behalf

proceedings before any magistrate or to appear on their behalf

before any magistrate in any proceedings instituted by them

or on their behalf or against them, and any member or officer

so authorized shall be entitled to institute or defend any

such proceedings and, notwithstanding anything contained in

the Legal Practitioners Ordinance, 1871, to conduct any such

proceedings although he has not been admitted and enrolled as

a barrister or a solicitor.

131. In any proceedings instituted by or against the

Council it shall not be necessary to prove

(a) the persons constituting the Council or the limits

of the Municipality; or

(b) the decision of the Council to prosecute or defend

any proceedings; or

(c) the authorisation of any person under section 130

of this Ordinance; or

(a) the presence of a quorum of the Council or any

camittee therear at the passing of any resolution

or making of any order,

unless evidence is given to the contrary:

Provided that nothing in this section shall prejudice the

right of a defendant to take or avail himself of any objection

(72)

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.