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THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1915.
And whereas in pursuance of the Prize Courts Act 1894 certain rules were made by an Order in Council dated the 18th day of July 1898:
And whereas by an Order in Council made in pursuance of the Prize Courts Act 1894 and the Naval Prize Act 1864 and dated the 5th day of August 1914 the rules thereinafter set forth were substituted for the rules made by the said Order in Council dated the 18th day of July 1898:
And whereas by Order XLVI of the said rules made by the said Order in Council dated the 5th day of August 1914 it is provided that so far as the said rules apply to any Court in a British Possession outside the United Kingdom they shall not come into opera- tion until they are proclaimed in the Possession by the Governor thereof:
And whereas by Orders in Council made in pursuance of the said Acts and dated respectively the 28th day of November 1914 and the 3rd day of February 1915 the said rules so made by the Order in Council of the 5th day of August 1914 were amended as therein specified:
And whereas the said amendments of the said rules were proclaimed in the Colony by the Governor on the 29th day of January and the 1st day of April 1915 respectively:
And whereas by an Order in Council made in pursuance of the said Acts and dated the 23rd day of March 1915 the said rules were further amended as follows :—
1. Order IX, Rule 1, is amended by the omission of the words "upon filing an affidavit" in the first and second lines thereof, and by substituting the words any party other than the proper officer of the Crown" for the words
any other party" in the second and third lines thereof.
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2. Order XI, Rule 1, is amended by the omission of the words between the word time in the fourth line thereof and the word "order" in the fifth line thereof.
3. Order XV is amended by the addition of the following rule after Rule 20
thereof:-
'Notwithstanding anything contained in these rules the proper officer of the "Crown may apply to the Judge for leave to administer interrogatories for the examination of any person whether a party to the cause or not." 4. Order XXIX as amended by the Order-in-Council of the 28th November 1914
is revoked and the following order is substituted therefor :-
"(1.) Where it is made to appear to the Judge on the application of the proper
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officer of the Crown that it is desired to requisition on behalf of His 'Majesty a ship in respect of which no final decree of condemnation has "been made, he shall order that the ship shall be appraised and that upon an undertaking being given in accordance with Rule 5 of this "Order the ship shall be released and delivered to the Crown.
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(2.) Where a decree for the detention of a ship has been made in accordance with Order XXVIII the proper officer of the Crown may file a notice "(Appendix A, Form No. 55) that the Crown desires to requisition the same, and thereupon a commission (Appendix A, Form No. 56) to the "marshal directing him to appraise the ship shall issue. Upon an "undertaking being given in accordance with Rule 5 of this Order the "ship shall be released and delivered to the Crown.
Service of this notice shall not be required before filing, but copies thereof shall be served upon the parties by the proper officer of the "Crown as soon thereafter as possible.
"(3.) Where in any case of requisition under this Order it is made to appear to the Judge on behalf of the Crown that the ship is required for the service of His Majesty forthwith, the Judge may order the same to be forthwith released and delivered to the Crown without appraisement. "(4.) In any case where a ship has been requisitioned under the provisions of this Order and whether or not an appraisement has been made the
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'Court may on the application of any party fix the amount to be paid by
the Crown in respect of the value of the ship.
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