570 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 5, 1917.
Interpreta- tion.
5 & 6 Geo. 5, c. 36, s. 2.
Saving.
(6.) This section applies to cases where—
(a) the plaintiff is a British subject and is en- titled for the time being to bring an action in the Supreme Court; and
(b) the defendant or one of the defendants is au
enemy; and
(c) the writ is indorsed only with a claim for a declaration as to the effect of the present war on rights or liabilities of the plaintiff or defendant under a contract entered into be- fore the outbreak thereof; and
(d) there is written evidence of the contract.
3. For the purposes of this Ordinance :-
(a) the expression "enemy
means any persons or body of persons of whatever nationality resident or carrying on business in an enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in an enemy coun- try; and
(b) the expression "outbreak of war shall, as respects any enemy, be construed as refer- ring to the date of the outbreak of war with the enemy country in which the enemy is resident or carrying on business; and (c) the expression “British subject" includes a corporation incorporated in His Majesty's Dominions.
4. Nothing in this Ordinance shall prejudice or 5 & 6 Geo. 5, interfere with any powers of the court to give leave to e. 36, s. 3. issue a writ of summons or to adjourn, postpone, or otherwise deal with, any proceedings on any claim against an enemy, and the court may, if it appears on any proceedings in a case where an enemy service order has been made that for any reason the case cann properly be dealt with under this Ordinance, dismiss the case, without prejudice to any subsequent proceedings in the same matter.
Passed the Legislative Council of Hongkong, this 4th day of October, 1917.
A. G. M. Fletcher, Clerk of Councils.
Assented to by His Excellency the Governor, the 5th day of October, 1917.
CLAUD SEVERN,
Colonial Secretary.
APPOINTMENTS, &c.
No. 445. His Excellency the Governor has been pleased to appoint Mrs. DAIST ANNABELA MURDOCH GALE, M. B., Ch. B., B. Sc., (Glasgow), to act as Medical Officer of Health during the absence on leave of Dr. WILFRID WILLIAM PEARSE or until further notice, with effect from the 1st October, 1917.
4th October, 1917.
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