Directory_and_Chronicle_1900 — Page 385

CODE OF CIVIL PROCEDURE—HONGKONG

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one or another order be made, so only that the whole order sought be therein substantially expressed.

3. If the motion-paper contains any matter by way of argument, or Amendment of other matter except the proper particulars of the motion itself, the Court by Court. may direct the motion-paper to be amended, and make no order thereon, until it is amended accordingly by the striking out of such argument or other matter.

4.-There shall be filed with the motion-paper all affidavits on which Affidavits. the person moving intends to rely.

5.—No other evidence can be used in support of the motion, except by Other Evidence, leave of the Court.

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6. The person filing the motion-paper may move the Court, in cases Case of Urgency. of urgency, at any time while the Court is sitting, and not engaged in hearing any other matter,

7.- All motions shall be made ex parte in the first instance, unless When to be er

parte. the Court gives leave to give a notice of motion for a certain day.

8.-On a motion ex parte, the party moving shall apply for either an Order thereon. immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day, and show cause why an order should not be made in the terms of the motion-paper.

9. Any party moving in Court ex parte may support his motion by Argument argument addressed to the Court on the facts put in evidence by the support, affidavits filed in support of the motion; and no party to the suit or pro- ceeding, although present, other than the party moving, shall, unless by leave of the Court, be entitled to be then heard.

additional

10.-On a motion coming on, the Court may allow the motion-paper to Argument and be amended, and additional evidence to be produced by affidavit or declara- Evidence. tion, or may direct the motion to stand over.

other than asked

11.-If it appears to the Court on the evidence adduced in support of Court may the motion, or on any additional evidence which the Court permits to be make Order adduced in support thereof, that the party moving is entitled to an order for. absolute, or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.

12. Where an order is made on a motion ex parte, any party affected May vary or dis by it may, within seven days after service of it, or within such further time charge Order. as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs or security, or other things, as seems just.

Order to show Cause

XLIV.---An order to show cause shall specify a day when cause is to Return-day. be shown, to be called the return-day to the order, which shall ordinarily be not less than four days after service.

2.-A person served with an order to show cause may, before the Counter return-day, file affidavits to contradict the evidence used in obtaining the Affidavits order, or setting forth other facts on which he relies, to induce the Court to discharge such order.

ther Service,

3.-On the return-day, if the person served do not appear in person Enlargement or by counsel or attorney, and it appears to the Court that the service on of Time and fur- all proper parties has not been duly effected, the Court may enlarge the time, and direct further service, or make such other order as seems just.

Proof of Service,

4.-If the person served appear, or the Court is satisfied that service Appearance of on all proper parties has been duly effected, the Court may proceed with the matter.