700
paper.
H. K. Code, s. 43 (3.)
Affidavits in support of motion. Ib. s. 43 (4.), (5.)
Time of moving in case of urgency.
Ib. s. 43 (6.)
Motion to be ex parte or on notice. Ib. s. 43 (7.)
Proceedings on motion ex parte.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
Court may direct the motion-paper to be amended, and make no order thereon until it is amended accordingly by the striking out of such argument or other matter.
246.-(1.) There shall be filed with the motion paper, or as soon thereafter as possible, all affidavits on which the party moving intends to rely.
(2.) No other evidence shall be used in support of the motion except by leave of the Court.
247. The party filing the motion-paper may move the Court, in a case of urgency, at any time while the Court is sitting and not engaged in hearing any other matter.
248. Subject to any special provisions regulating any particular case, every motion shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.
249.-(1.) On a motion ex parte the party moving shall apply either for an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or for an order to the opposite party to appear on a certain day and show cause why an order should not be made in the terms of the motion-paper.
Power of amendment, etc., at hearing. Ib. s. 43 (8.), (9.)
Power to make order different from order asked for. Ib. s. 43 (10.)
Application to vary or discharge order made on motion ex parte. Ib. s. 43 (11.), (12.)
(2.) Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the action or proceeding, although present in Court, other than the party moving, shall, except by leave of the Court, be entitled to be then heard.
250. On a motion coming on for hearing, the Court may allow the motion-paper to be amended and additional evidence to be produced by affidavit, or may direct the motion to stand over.
251. If at the hearing it appears to the Court, on the evidence adduced in support of the motion or on any additional evidence which the Court may allow to be adduced in support thereof, that the party moving is entitled to an order, absolute or to show cause, different from the order asked for, and the party moving is willing to take such different order, the Court may make an order accordingly.
252. Where an order is made on a motion ex parte, any party affected by it may, within ten days after service of it or within such further time as the Court may allow, apply to the Court by motion to vary or discharge it; and the Court, on notice to the party who has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without imposing terms as to costs or security or other things as may seem just.
700
paper.
H. K. Code, s. 43 (3.)
Affidavits in support of motion. Ib. a. 43 (4.), (5.)
Time of moving in case of
urgency.
Ib. 8. 43 (6.)
Motion to be ex parte or on notice. Ib. s. 43 (7.)
Proceedings
on motion ez parte.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
Court may direct the motion-paper to be amended, and make no order thereon until it is amended accordingly by the striking out of such argument or other matter.
246.-(1.) There shall be filed with the motion paper, or as soon thereafter as possible, all affidavits on which the party moving intends to rely..
(2.) No other evidence shall be used in support of the motion except by leave of the Court.
247. The party filing the motion-paper may move the Court, in a case of
any time while the Court is sitting and not engaged urgency, at in hearing any other matter.
248. Subject to any special provisions regulating any particular case, every motion shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.
249.-(1.) On a motion ex parte the party moving shall apply either for an immediate absolute order of the Court in the terms of the mo 16. 8. 43 (8.), tion-paper on his own showing and evidence, or for an order to the (9.)
opposite party to appear on a certain day and show cause why an order should not be made in the terms of the motion-paper.
Power of amendment, etc., at hearing.
Ib. 8. 43 (10.)
Power to
make order
different
from order asked for..
Ib. 8. 43 (11.)
Application to vary or dis- charge order
made on
motion” parte,
16. 8. 43 (12.)
(2.) Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the action or proceeding, although present in Court, other than the party moving, shall, except by leave of the Court, be entitled to be then heard..
250. On a motion coming on for hearing, the Court may allow the motion-paper to be amended and additional evidence to be produced by affidavit, or may direct the motion to stand over.
251. If at the hearing it appears to the Court, on the evidence adduced in support of the motion or on any additional evidence which the Court may allow to be adduced in support thereof, that the party moving is entitled to an order, absolute or to show cause, different from the order. asked for, and the party moving is willing to take such different order, the Court may make an order accordingly.
252. Where an order is made on a motion ex parte, any party affected by it may, within ten days after service of it or within such further time as the Court may allow, apply to the Court by motion to vary or discharge it; and the Court, on notice to the party who has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without imposing terms as to costs or security or other things as may seem just.
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