THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.
"
Party" and all words descriptive of parties to proceedings before His Majesty in Council (such as "Petitioner," "Appellant," "Res- pondent") mean, in respect of all acts proper to be done by an Agent, the Agent of the party in question where such party is represented by an Agent;
"Month' means calendar month;
Words in the singular shall include the plural, and words in the plural
shall include the singular.
(2) Where by these Rules any step is required to be taken in England in connection with proceedings before His Majesty in Council, whether in the way of lodging a Petition or other document, entering an Appearance, lodging security, or otherwise, such step shall be taken in the Registry of the Privy Council, Downing Street, London.
Leave to appeal.
appeal
2. All Appeals shall be brought either in pursuance of leave obtained from Leave to the Court appealed from, or, in the absence of such leave, in pursuance of special generally. leave to appeal granted by His Majesty in Council upon a Petition in that behalf presented by the intending Appellant.
Special Leave to appeal,
89
Petition for
3. A Petition for special leave to appeal to His Majesty in Council shall state Form of succinctly and fairly all such facts as it may be necessary to state in order to enable special leave the Judicial Committee to advise His Majesty whether such leave ought to be to appeal. granted. The Petition shall not travel into extraneous matter, and shall deal with the merits of the case only so far as is necessary for the purpose of explaining and supporting the particular grounds upon which special leave to appeal is sought.
4. The Petitioner shall lodge at least three copies of his Petition for special leave to appeal together with the Affidavit in support thereof prescribed by Rule
50 hereinafter contained.
Three copies to be lodged
of Petition
together with Affidavit in support.
3. A Petition for special leave to appeal may be lodged at any time after the Time for date of the judgment sought to be appealed from, but the Petitioner shall, in every lodging case, lodge his Petition with the least possible delay.
Petition,
transmission
6. Where the Judicial Committee agree to advise His Majesty to grant special Security for leave to appeal, they shall, in their Report, specify the amount of the security for costs and costs (if any) to be lodged by the l'etitioner, and the period (if any) within which of Record. such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the Record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require.
7. Save as by the four last preceding Rules otherwise provided, the provisions General of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply provisions. mutatis mutandis to Petitions for special leave to appeal.
to appeal in
8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to Petitions for Petitions for leave to appeal in forma pauperis, but in addition to the Affidavit referred to in special leave Rule 4 every such Petition shall be accompanied by an Affidavit from the Petitioner forma pan- stating that he is not worth £25 in the world excepting his wearing apparel and peris, his interest in the subject-matter of the intended Appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the Petitioner has reason- able ground of appeal.
of pauper
9. Where a Petitioner obtains leave to appeal in forma pauperis, he shall Exemption not be required to lodge security for the costs of the Respondent or to pay any Appellant Council Office fees.
from lodging security and paying Office fees.
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