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THE HONGKONG GOVERNMENT GAZETTE, 21ST OCTOBER, 1871.

Power to repeal Ordinance.

Commence-

ment of Ordinance.

in the Gazette, declare that the Duration of this Ordinance shall be extended for any further Term not exceeding Ten Years at a Time, and thereupon this Ordinance shall continue in Force for such extended Period.

XIII. In Case it shall become necessary or expedient for the Purpose of any Extension or Alteration of the Public Praya or for any

Public Purpose whatsoever, that the Pier and Tramways shall be removed, it shall be lawful for the Governor, with the Advice of the Legislative Council of the Colony, at any Time during the Continuance of this Ordinance by another Ordinance to be passed for that Purpose to repeal this Ordinance upon such Terms as to Compensation or as to the Substitution of other Powers or Privileges in lieu of those hereby granted, as may be deemed reasonable.

XIV. This Ordinance shall come into Force on such Day as shall be hereafter fixed by Proclamation under the Hand of the Governor.

Title.

Preamble.

Jurisdiction of Supreine and other Courts not

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend "An Ordinance to regulate the Juris- "diction of the Civil Courts of the Colony of

Hongkong in certain Cases.”

[

, 1871.]

W HEREAS by an Ordinance, intituled "An Ordinance to

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regulate the Jurisdiction of the Civil Courts of the "Colony of Hongkong in certain Cases," being Ordinance No. 2 of 1851, it was for the Reasons therein set forth enacted that "Neither the Supreme nor any other Court within this Colony "should have or exercise Jurisdiction in any Civil Proceeding as between Persons born within the Dominions of the Emperor "of China, where the Cause of Action had originated out of the said Colony unless the Defendant had been a Resident therein for "Six consecutive Months prior to the Time of commencing any "Action, Suit or Proceeding grounded on such Cause of Action;" And Whereas it has been recently held in the Court of Summary Jurisdiction in pursuance of the said Enactment, that no Debt or Damages can be recovered in the Courts of this Colony where the Plaintiff and Defendant shall have been so born, and the Cause of Action shall have so originated as aforesaid unless the Defendant had been a Resident in this Colony for the Time mentioned in the said Enactment; And Whereas it is expedient that the Courts of this Colony should possess the Power in Cases which they may deem not within the Mischief contemplated by the said Ordinance to exercise Jurisdiction, notwithstanding the Provisions in the said Ordinance contained: Be it enacted by His Excellency the Governor of Hongkong, by and with the Advice of the Legis- lative Council thereof, as follows:

I. From and after the Passing of this Ordinance, it shall be lawful for the Courts of this Colony to have and exercise Jurisdiction to be ousted if in all Cases notwithstanding anything contained in Ordinance Presiding Judge No. 2 of 1851: Provided only it shall be made to appear to the that the Case is Satisfaction of the Presiding Judge of any such Court, that such Mischief contem- Jurisdiction be had and exercised without the Mischief con-

may nance No. 2 of templated by such Ordinance.

shail be of opinion

not within the

plated by Ordi-

1851.

No. 146.

GOVERNMENT NOTIFICATION.

The Reverend RICHARD HAYWARD KIDD, late Rector of Saint Michael, Coslany, at Norwich, having been appointed by the Right Honorable the Secretary of State for the Colonies to be Colonial Chaplain of Hongkong, and having reported his arrival in the Colony, enters on the duties of hi Office from this date.

By Command,

Colonial Secretary's Office, Hongkong, 16th October, 1871.

J. GARDINER AUSTIN,

Colonial Secretary.