541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 38

1324

Attendance

of British subjects before

Chinese or foreign Tribunals.

Actions by

British sub- jeet in

Chinese or

foreign Court.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) Provided that the foreigner, if so required by the Court, first obtains and files in the Court the consent in writing of the competent authority on behalf of his own nation to his submitting, and does submit, to the jurisdiction of the Court, and, if required by the Court, give security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses, and abide by and perform such decision as shall be given by the Court or on appeal.

(3.) A cross-action or counter-claim shall not be brought in the Court against a plaintiff, being a foreigner.

(4.) Where a foreigner obtains in the Court an order against a defendant being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject stay the enforcement of the order pending that other suit, and may set off any amonut ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

(5.) Where a plaintiff, being a foreigner, obtains an order in the Court. against two or more defendants being British subjects jointly, and in another action one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other action, and may set off any amount ordered to be paid by one party in one action against any amount ordered to be paid by the other party in the other action, without prejudice to the right of the British subject to require contribution from his co-defendants under the joint liability.

(6.) Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it shall not be necessary for the foreigner to give security for costs, unless the Court so directs, but the co-plaintiff British subject shall be responsible for all fees and costs.

152. (1.) Where it is proved that the attendance within the particular jurisdiction of a British subject to give evidence, or for any other purpose conuected with the administration of justice, is required in a Court of China or Corea, or before a Chinese or Corean judicial officer, or in a Court or before a judicial officer of a State in amity with His Majesty, the Court may, if it thinks fit, in a case and in circumstances in which the Court would require his attendance before the Court, order that he do attend in such Court, or before such judicial officer, and for such purpose as aforesaid,

(2.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.

(3.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Court, he shall (independently of any other liability) be guilty of an offence against this Order.

153. When a British subject invokes or submits to t e jurisdiction of a Chinese, Corean, or foreign Tribunal, and engages in writing to abide by the decision of that Tribunal, or to pay any fees or expenses ordered by such Tribunal to be paid by him, the Supreme Court or any Provincial Court may, on such evidence as it thinks fit to require, enforce payment of such fees and expenses in the same manner as if they were fees payable in a proceeding by such person in that Court, and shall pay over or account for the same when levied to the proper Chinese, Corean, or foreign authority, as the Court may direct.