Directory_and_Chronicle_1892 — Page 337

Title,

Preamble.

Short Title.

Interpretation of Terms.

Saving Clause.

CODE OF CIVIL PROCEDURE-HONGKONG.

ORDINANCE No. 13 OF 1873.

SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-chief.

An Ordinance enacted by the Governor of Hongkong with the Advice of the Legislative Council thereof, to consolidate and amend the Laws relating to the Process, Practice, and Mode of Pleading in the Supreme Court of the Colony, and to provide a Uniform Code of Procedure at Common Law and in Equity.

[20th September, 1873.]

INTRODUCTION.

Whereas it is expedient to consolidate and amend the Laws relating to the Process, Practice, and Mode of Pleading in the Supreme Court of the Colony, and to provide a Uniform Code of Procedure at Common Law and in Equity: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited for all purposes as "The Hongkong Code of Civil Procedure.'

"

II. The following terms and expressions shall be understood as hereinafter defined or explained, unless there be something in the subject or context repugnant to such definition or explanation; that is to say:- "Court" shall mean the Supreme Court, and shall include the Chief Justi e and Puisne Judge of the Supreme Court, sitting together or separately, in Court or in Chambers. "Full Court" shall mean the Chief Justice an i the Puisne Judge

sitting together.

"Registrar" shall mean the Registrar of the Supreme Court. “Sheriff” shall include a Deputy Sheriff, and any person lawfully

authorized to execute the process of the Court.

"Code" shall mean the Code of Civil Procedure introduced by

this Ordinance.

"Cause of Action" in suits founded on contract shall not neces- sarily mean the whole cause of action, but a cause of action shall be deemed to have arisen within the jurisdiction, if the contract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere.

"Within the Jurisdiction" shall mean within the Colony, and shall not include the jur sdiction exercised by the Supreme Court under Article 159 of the Order of Her Majesty the Queen in Council of the 9th of March, 1865, for the Govern- ment of Her Majesty's subjects in China and Japan. III.-Nothing in this Ordinance contained shall be deemed :-

(a.) To affect the Rights, Privileges, or Remedies of the Crown; (b.) To affect the existing Jurisdiction or Powers of the Supreme

Court;

(c.) To affect the Procedure and Practice of the Supreme Court in matters or causes testamentary under Ordinance No. 8 of 18€0, nor under "The Bankruptcy Ordinance, 1864," nor under "The Companies' Ordinance, 1865," nor further nor otherwise than is herein expressly enacted;

(d.) To affect the Procedure and Practice of the Vice-Admiralty

Court of the Colony;