107178-1927-The-Judicial-Committee-Rules-1925 — Page 11

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1927.

42. A Respondent who has not entered an Appearance shall not be entitled to receive any notices relating to the Appeal from the Registrar of the Privy Council, nor be allowed to lodge a Case in the Appeal.

43. Where a Respondent fails to enter an Appearance in an Appeal, the following Rules shall, subject to any special Order of the Judicial Committee to the contrary, apply :—

(a) If the non-appearing Respondent was a Respondent at the time when the Appeal was admitted, whether by the Order of the Court appealed from or by an Order of His Majesty in Council giving the Appellant special leave to appeal, and it appears from the terms of the said Order, or Order in Council, or otherwise from the Record, or from a Certi- ficate of the Registrar of the Court appealed from, that the said non-appearing Respondent has received notice, or was otherwise aware, of the Order of the Court appealed from admitting the Appeal, or of the Order of His Majesty in Council giving the Appellant special leave to appeal, and has also received notice, or was otherwise aware, of the dis- patch of the Record to England, the appeal may, if all other conditions of its being set down are satisfied, be set down ex parte as against the said non-appearing Respondent at any time after the expiration of three months from the date of the lodging of the l'etition of Appeal;

(b) if the non-appearing Respondent was made a Respondent by an Order of His Majesty in Council subsequently to the admis- sion of the Appeal, and it appears from the Record, or from a Supplementary Record, or from a Certificate of the Registrar of the Court appealed from, that the said non- appearing Respondent has received notice, or was otherwise aware, of any intended application to bring him on the record, as a Respondent, the Appeal may, if all other conditions of its being set down are satisfied, be set down ex parte as against the said non-appearing Respondent at any time after the expiration of three months from the date on which he shall have been served with a copy of His Majesty's Order in Council bringing him on the Record as a Respondent:

Provided that where it is shown to the satisfaction of the Registrar of the Privy Council, by Affidavit or otherwise, either that an Appellant has made every reasonable endeavour to serve a non-appearing Respondent with the notices mentioned in clause (a) and (b) respectively and has failed to effect such service, or that it is not the intention of the nou-appearing Respondent to enter an Appearance to the Appeal, the Appeal may, without further Order in that behalf and at the risk of the Appellant, be proceeded with ex parte as against the said non-appearing Respondent.

Non-

131

appearing Respondent not entitled to receive notices or lodge Case.

Procedure

on non-

appearance of Respondent.

defending Appeal in formå pauperis.

44. A Respondent who desires to defend an Appeal in formâ pauperis Respondent may present a Petition to that effect to His Majesty in Council, which Petition shall be accompanied by an Affidavit from the Petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject-matter of the Appeal.

Petitions generally.

45. All Petitions for orders or directions as to matters of practice or procedure arising after the lodging of the Petition of Appeal and not involving any change in the parties to an Appeal shall be addressed to the Judicial Committee. All other Petitions shall be addressed to His Majesty in Council, but a Petition which is properly addressed to His Majesty in

Mode of addressing Petitions.