2
C.
Whether or not the defendant responds, the Court
will investigate the case.
After carrying out its
investigation, it will fix a date for hearing and the
Annex C(d) plaintiff and defendant will be served with a summons to
attend. This summons is an order to attend court. If either
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of the parties fails to attend as ordered, a new date for
hearing will be fixed and the same form of summons will be
served for a second time. If either party again fails to
attend, a compulsive summons is issued and served. This
warns the party that, if he does not attend as ordered, an
officer of the Court will be sent to compel him to attend. A
compulsive summons can be issued only by the President of the
Provincial High People's Court.
D.
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Once a party has appeared or been brought before
the Court, pursuant to a compulsive summons, the summons is
discharged and there is no further action which may be taken
under it by the Court. However, with effect from 1 February
1986, there is a restriction on the movement of Chinese
nationals and foreign nationals, who are parties to civil
proceedings which have not yet been concluded. Under these
new laws, a party may be required by the Court to surrender
his travel documents, so that he may not leave China until
judgment is satisfied. The actual enforcement of the laws is
carried out by the Ministry of Public Security. However, if
a defendant is willing to sign a bond or produce a surety for
his future appearance before the Court, or appoints a
representative to conduct the proceedings on his behalf, he
is unlikely to be so restricted. The Guangdong
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