Directory_and_Chronicle_1925 — Page 389

Directories & Chronicles 香港指南 All

H.B.M. SUBJECTS IN CHINA AND COREA

829

121.-(1) Every person doing an act or taking a proceeding in the Appearances. Court as plaintiff in a civil case, or as making a criminal charge against another person, or otherwise, shall do so in his own name and not other- wise, and either—

(a) By himself; or

(b) By a legal practitioner; or

(c) By his attorney or agent thereunto lawfully authorized in

writing and approved by the Court.

(2) Where the act is done or proceeding taken by an attorney or by an agent (other than a legal practitioner), the power of attorney, or instrument authorizing the agent, or an authenticated copy thereof, shall be first filed in the Court.

(3) Where the authority has reference only to the particular pro- ceeding, the original document shall be filed.

(4) Where the authority is general, or has reference to other matters in which the attorney or agent is empowered to act, an authenticated copy of the document may be filed.

(5) Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

122.—(1) In any case, criminal or civil, and at any stage thereof, Witnesses. the Court either of its own motion or on the application of any party, may summon a British subject to attend to give evidence, or to produce documents, or to be examined; but a Provincial Court shall have power so to summon British subjects in its own district only.

(2) If the person summoned, having reasonable notice of the time and place at which he is required to attend, and (in civil cases) his reason- able expenses having been paid or tendered, fails to attend and be sworn, and give evidence, or produce documents or submit to examination accordingly, and does not excuse his failure to the satisfaction of the Court, he shall be guilty of an offence against this Order.

(3) Persons of Chinese, Corean, or other Asiatic origin or nationality shall be deemed to be persons allowed by law to affirm or declare instead of swearing.

(4) Any person appearing before the Court to give evidence in any case, civil or criminal, may be examined or give evidence in the form or with the ceremony that he declares to be binding on his conscience.

(5) If in any case, civil or criminal, a British subject wilfully gives false evidence in the Court, or on a reference, he shall be deemed guilty of wilful and corrupt perjury.

persons.

123. Whenever under this Order any person is to be taken for trial Conveyance or imprisonment or by way of deportation or for any other purpose, to of accused the Supreme Court or elsewhere in China or Corea, or to Hongkong, England, or elsewhere, the Court or other authority by this Order authorized to cause him to be so taken, may for that purpose (if neces- sary) cause him to be embarked on board one of His Majesty's ships of war, or if there is no such ship available, then on board any British or other fit ship, at any port or place whether within or beyond the parti- cular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise, by land or by water, from any place to the port or place of embarkment.

The writ, order, or warrant of the Court, by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any ship of war, or other ship (whether the constable, officer,

Comments

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

No comments yet.

Private Research Note

Private notes are available after approval.