41213-1915-Prize-Courts-Act-1915 — Page 1

412

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1915.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 383.

HONGKONG.

Miscellaneous.

DOWNING STREET,

9th July, 1915.

SIR,-I have the honour to transmit to you for your information copies of the Prize Courts Act, 1915.

I have, &c.,

A. BONAR LAW.

The Officer Administering the Government of

A.D. 1915.

Section.

HONGKONG.

Prize Courts Act, 1915.

[5 & 6 GEO. 5. CH. 57.1

ARRANGEMENT OF SECTIONS.

1. Power to transfer proceedings from one prize court to another. 2. Power to make orders enforceable by other prize courts.

3. Supplemental powers of prize courts.

4. Salaries and remuneration of judges and officers of prize courts. 5. Short title and construction.

CHAPTER 57.

Power to transfer pro-

from one prize court to another.

An Act to amend the Enactments relating to Prize Courts.

B

[2nd July 1915.]

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1.-(1) Where proceedings are pending in any prize court against any ceedings ship or cargo, the court may at any stage of the proceedings, on application being made by the proper officer of the Crown, and upon being satisfied that the proceedings, or the proceedings so far as they relate to the cargo or any part thereof, would be more conveniently conducted in any other prize court, make an order remitting the proceedings, or the proceedings so far as they relate to the cargo or to any part of the cargo, to such other prize court.

Power to make orders

by other prize courts.

(2) Where any proceedings have been remitted to another prize court that other court shall have the same jurisdiction to deal with the matter as if the subject-matter of those proceedings had originally been seized within its juris- diction or been brought within its jurisdiction after capture, and any order or other steps made or taken in those proceedings before the order of remission. shall be deemed to have been made or taken by or in that court.

2. A prize court may, as respects any cause or matter within its jurisdic- enforceable tion, and on the application of the proper officer of the Crown, declare that any order or decree made by it, whether before or after the commencement of this Act, is enforceable within the jurisdiction of another prize court, and shall, on the like application, have power to enforce any decree or order which another prize court has declared to be enforceable within the jurisdiction of such first- mentioned court.

Supplemen- tal powers of prize courts,

3-(1) Where a prize court under this Act orders the remission of any proceedings, or declares that any order or decree is enforceable by another prize court, the first-mentioned court may order the subject-matter of the proceedings, or of the order or decree, to be removed, in such manner and subject to such