12029-1909-Legislative-Council-Minutes-No-5 — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, MAY 28, 1909.

PEAK TRAMWAY BILL-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance for authorizing the Construction of a Tramway within the Colony of Hongkong.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.—The Council then adjourned until Thursday, the 27th May, 1909.

Read and confirmed this 27th day of May, 1909.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD, Governor.

No. 320. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 10 of 1909.---An Ordinance to amend the Code of Civil Procedure. Ordinance No. 11 of 1909.-An Ordinance to amend the Public Health and Build-

ings Ordinances 1903-1908.

HONGKONG.

No. 10 of 1909.

An Ordinance to amend the Code of Civil

Procedure.

F. D. LUGARD,

LS

Governor.

[28th May, 1909.]

Short title.

Additional section to the Code of Civil

Procedure.

Procedure

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Civil Procedure (Evidence on Commission) Ordinance 1909.

2. Section 326 of the Code of Civil Procedure is hereby amended by the addition of the following section which shall be numbered 325 (a) and shall be read and inserted after the said section:--

"Where under the Evidence Ordinance 1889 or the for obtaining Act of the Imperial Parliament styled the Extradition evidence in Act 1870 Section 24 any civil or commercial matter or any the Colony for use in foreign tri- bunal.

(Rules of Supreme Court (En- gland) 1907 Onder

XXXVII

> R. 6.)

criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the Court by Commission Rogatoire, or Letter of Request, of other evidence as hereinafter provided, that such court or tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court may, on the ex-parte application of any person shown to be duly authorised to make the application on behalf of such foreign court or tribunal, and on production

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