A94
Ord. No. 19/87
PARTITION (AMENDMENT)
HONG KONG
No. 19 OF 1987
Short title.
Addition of
new section 1A. (Cap. 352.)
L.S.
I assent.
David AKERS-JONES,
Acting Governor.
An Ordinance to amend the Partition Ordinance.
26 March 1987
[27 March 1987]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Partition (Amendment) Ordinance 1987.
2. The principal Ordinance is amended by adding after section 1 the following-
"Interpretation.
Amendment of section 3.
3.
1A. In this Ordinance, unless the context otherwise requires―
"Court" means the High Court or the District Court;
"Director" means the Director of Buildings and Lands;
"Partition Rules" means rules made under section 10.".
Section 3 of the principal Ordinance is amended—
(a) by inserting after subsection (1) the following—
"(2) In any proceedings under this Ordinance the Direc- tor shall be served with such documents relating to the proceedings as may be prescribed by the Partition Rules.";
(b) in subsection (3)—
(i) by deleting "Proceedings under subsection (1)” and sub- stituting the following-
{
PARTITION (AMENDMENT)
Ord. No. 19/87
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"Subject to subsection (2), proceedings under this Ordin- ance"; and
(ii) by deleting", but the Crown shall be a necessary party to the proceedings";
(c) in subsection (4) by inserting after "desirable" the following-
"; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceed- ings shall serve notice of the addition on the Director"; (d) in subsection (5) by deleting "subsection (6), every person" and
substituting the following-
"subsections (6) and (7), the Director and every other per- son"; and
(e) by inserting after subsection (6) the following--
4.
"(7) Subsection (6) shall not apply to service on the Director.".
The principal Ordinance is amended by adding after section 3 the Addition of following-
"Addition of Attorney General as defendant.
Memorandum for stay of proceedings.
3A. (1) In any proceedings under this Ordinance the Attorney General may at any stage of the proceedings apply to the Court to be joined as a party, and on such application the Court shall add him as a defendant.
(2) The Attorney General shall serve notice of his addition as a party, on every other party to this proceedings.
(3) Any provision in this Ordinance or the Partition Rules by which any document is required to be served on the Director shall, where the Attorney General is added as a defendant under subsection (1), have effect thereafter as if it required the Attorney General to be served as a party and not the Director.
3B. (1) In any proceedings under this Ordinance, at any stage except after the addition of the Attorney General if such be the case, the Director may notify in writing the parties of his intention to seek advice on any matter arising out of the proceedings and shall file in Court a memorandum of such notification and no fee shall be charged in respect of the memorandum.
(2) Where any memorandum is so filed in respect of proceedings, then, unless otherwise ordered by a judge, the proceedings shall, by virtue of this section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless otherwise ordered by a judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.
(3) The filing of a memorandum under this section- (a) shall not operate to prevent the making of—
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
new sections 3A and 3B.
No comments yet.
Private notes are available after approval.