TNAG-1665-FCO40-2314-Hong-Kong-employment-issues-and-ordinances-foreign-domestic-1987 — Page 34

A362

Ord. No. 52/87

Repeal and

replacement of section 49.

Addition of

new section

52A.

Amendment of section 54.

SUPREME COURT (AMENDMENT)

(8) In this section—

"defendant" means the person from whom the plaintiff seeks

the debt or damages;

"personal injuries" includes any disease and any impairment

of a person's physical or mental condition; and "plaintiff" means the person seeking the debt or damages.".

38. Section 49 of the principal Ordinance is repealed and replaced by the following-

"Interest on judgments.

49. (1) Judgment debts shall carry simple interest—

(a) at such rate as the High Court may order; or

(b) in the absence of such order, at such rate as may be determined from time to time by the Chief Justice by order,

on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied from the date of the judgment until satisfaction.

(2) Interest under this section may be calculated at different rates in respect of different periods.".

39. The principal Ordinance is amended by adding, after section 52, the following-

"Costs in High Court and Court of

Appeal in its civil jurisdiction.

1981 c. 54, s. 51.

52A. (1) Subject to the provisions of rules of court, the costs of and incidental to all proceedings in the Court of Appeal in its civil jurisdiction and in the High Court, includ- ing the administration of estates and trusts, shall be in the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid.

(2) Subject to specific provision made in this or any other Ordinance (other than subsidiary legislation) nothing in subsection (1) shall authorize an award of costs against a person who is not a party to the relevant proceedings.

(3) Nothing in subsection (1) shall alter the practice in any criminal cause or matter, or in bankruptcy.".

40. Section 54 of the principal Ordinance is amended- (a) in subsection (2)—

(i) in paragraph (b) by deleting ", a deputy registrar or assistant registrar" and substituting the following---

"or a Master";

(ii) by deleting paragraph (c) and substituting the following—

"(c) regulating matters relating to the fees and costs of proceedings (including proceedings in connexion with the administration of estates and trusts) in the Court of Appeal in its civil jurisdiction and in the High Court;"; (iii) by deleting paragraph (d);

1981 c. 54,

s. 136.

SUPREME COURT (AMENDMENT)

Ord. No. 52/87

A363

(iv) by inserting, after paragraph (j), the following

"(k) providing that, in any case where a document filed in, or in the custody of, any Registry is required to be produced to any court or tribunal (including an umpire or arbitra- tor) sitting elsewhere than at the Supreme Court-

(i) it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but

(ii) the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the Registry,

and any such certificate shall be prima facie evidence of the facts stated in it; and

(1) prescribing the procedure in cases where an order of mandamus, prohibition or certiorari is sought, or proceedings are taken for an injunction under section 21J including a requirement that—

(i) except in such cases as may be specified in the rules, leave shall be obtained before an application is made for any such order or before any such proceedings are commenced; and

(ii) where leave is so obtained, no other relief shall be granted and no ground relied upon, except with the leave of the Court, other than the relief and grounds specified when the application for leave was made."; and (b) by inserting, after subsection (2), the following—

1981 c. 54, s. 136.

"(2A) Rules providing for the matters referred to in sub- section (2)(k) may contain-

(a) provisions for securing the safe custody and return to the Registry of any document sent to a court or tribunal in pursuance of the rules; and

(b) such incidental and supplementary provisions as appear to the Rules Committee to be necessary or expedient.".

41. Section 55 of the principal Ordinance is amended—

(a) in subsection (1)(b) by deleting “5 judges" and substituting the

following-

"2 judges";

(b) in subsection (1)(c) by deleting "an assistant registrar" and substi-

tuting the following--

"a Master";

(c) in subsection (1A) by deleting "assistant registrar" and substitut-

ing the following-

"Master"; and

(d) by deleting subsection (3).

Amendment of section 55.