20244-1911-Ordinances-passed-and-assented-to--Crown-Lands-Resumption-Amendment-No-28-of-1911 — Page 44

364

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

(1) The party bespeaking a copy notice of writ

for service under this section shall, at the time of bespeaking the same, file a præripe in form 8e in the schedule.

(77) An official certificate, or declaration upon oath, or otherwise transmitted through the diplomatic channel by the Government or Court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the notice of the writ to have been personally served or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed of record as, and Le equivalent to, an affidavit of service within the requirements of this section in that behalf.

(ir.) Where an official certificate or declaration, transmitted to the Supreme Court in man- ner provided in the last sub-section, certifies or declares that efforts to serve a notice of writ have been without effect, the Court or a Judge may, upon the ex parte applicu- tion of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such notice. Such order shall be in form 8e in the schedule. with such variations as circumstances may require.

(e) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in form Se in the schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmit- ted to the Colonial Secretary in manner aforesaid together with a request in formu S in the schedule, with such variations as circumstances may require.

(9.) Where in

anv

civil or commercial matter peuding before a Court or Tribunal of a foreign country a letter of request from such Court or Tribuial for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desir- able that effect should be given to the same, the following procedure shall be adopted :- (4) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be servel, and two copies thereof in the English lan- guage.

(77.) Service of the process or citation shall be

effected by the bailiff.

(77.) Such service shall be effected by deliver- ing to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the Court regulating service of process.

(in.) After service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service verified by notarial certificate, and particulars of charges for the cost of effect- ing such service.

(r.) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service, A copy of such charges and ecrtificate shall be forwarded to the Colonial Secretary.

(ri.) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a cer