1912_CODE_OF_CIVIL_PROCEDURE — Page 146

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901

1277

same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion.

question of fact.

616. When any question of fact is involved in an appeal, the evidence taken in the Court bearing on such question shall, subject to any special order, be brought before the Full Court as follows:

(1) as to any evidence taken by affidavit, by the production of the affidavits; and

(2) as to any evidence given orally, by the production of the Judge's notes, or such other materials as the Full Court may deem expedient.

0.58 r. 11.

617. Not less than 5 days before the day fixed for the hearing of the appeal the appellant shall deliver to each of the Judges a complete transcript of the proceedings in the case.

618. If, on the hearing of an appeal, any question arises as to the ruling or direction of the Judge to a jury or questions put to assessors, the Full Court shall have regard to verified notes or other evidence and to such other materials as the Full Court may deem expedient.

ib. r. 13.

619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may be just.

620. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court or the Full Court may direct.

Interlocutory order not to prejudice appeal. ib. r. 14.

Stay of proceedings. ib. r. 16.

621. Every application to the Full Court incidental to an appeal shall be by motion, and the provisions of Chapter X relating to motions shall apply thereto.

ib. r. 18.

622. On any appeal from a decision of the Court interest at the rate for the time being fixed by the Court for such time as execution has been delayed by the appeal shall be allowed, unless the Full Court otherwise directs.

* As amended by No. 2 of 1912.

The rate of interest fixed is 8% per annum.

ib. r. 19.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901 1277 same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion. question of fact. 616. When any question of fact is involved in an appeal, the evidence taken in the Court bearing on such question shall, subject to any special order, be brought before the Full Court as follows: (1) as to any evidence taken by affidavit, by the production of the affidavits; and (2) as to any evidence given orally, by the production of the Judge's notes, or such other materials as the Full Court may deem expedient. 0.58 r. 11. 617. Not less than 5 days before the day fixed for the hearing of the appeal the appellant shall deliver to each of the Judges a complete transcript of the proceedings in the case. 618. If, on the hearing of an appeal, any question arises as to the ruling or direction of the Judge to a jury or questions put to assessors, the Full Court shall have regard to verified notes or other evidence and to such other materials as the Full Court may deem expedient. ib. r. 13. 619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may be just. 620. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court or the Full Court may direct. * Interlocutory order not to prejudice appeal. ib. r. 14. Stay of proceedings. ib. r. 16. 621. Every application to the Full Court incidental to an appeal shall be by motion, and the provisions of Chapter X relating to motions shall apply thereto. ib. r. 18. 622. On any appeal from a decision of the Court interest at the rate for the time being fixed by the Court for such time as execution has been delayed by the appeal shall be allowed, unless the Full Court otherwise directs. * As amended by No. 2 of 1912. The rate of interest fixed is 8% per annum. ib. r. 19.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901 1277 same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion. question of fact. 616. When any question of fact is involved in an appeal, the Evidence on evidence taken in the Court bearing on such question shall, subject appeal as to to any special order, be brought before the Full Court as follows: (1) as to any evidence taken by affidavit, by the production of the affidavits; and (2) as to any evidence given orally, by the production of the Judge's notes, or such other materials as the Full Court may deem expedient. 0.58 r. 11. 617. Not less than 5 days before the day fixed for the hearing of Transcript of the appeal the appellant shall deliver to each of the Judges a com- proceedings. plete transcript of the proceedings in the case. of or ques- 618. If, on the hearing of an appeal, any question arises as to the Evidence as ruling or direction of the Judge to a jury or questions put to to direction assessors, the Full Court shall have regard to verified notes or other tions by evidence and to such other materials as the Full Court may deem Judge. ib. r. 13. expedient. 619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may be just. 620. An appeal shall not operate as a stay of execution or of pro- ceedings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court or the Full Court may direct. * Interlocutory order not to prejudice appeal. ib. r. 14. Stay of pro- ceedings. b.7. 16. making 621. Every application to the Full Court incidental to an appeal Mode of shall be by motion, and the provisions of Chapter X relating to incidental motions shall apply thereto. application. ib. r. 18. where execu- 622. On any appeal from a decision of the Court interest at the Interest rate for the time being fixed by the Court for such time as exe- tion delayed cution has been delayed by the appeal shall be allowed, unless the by appeal. * As amended by No. 2 of 1912. The rate of interest fixed is 8% per annum. ib. r. 19. t

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901

1277

question of fact.

616. When any question of fact is involved in an appeal, the Evidence on evidence taken in the Court bearing on such question shall, subject appeal as to to any special order, be brought before the Full Court as follows:

(1) as to any evidence taken by affidavit, by the production of the affidavits; and

(2) as to any evidence given orally, by the production of the Judge's notes, or such other materials as the Full Court may deem expedient.

0.58 r. 11.

617. Not less than 5 days before the day fixed for the hearing of Transcript of the appeal the appellant shall deliver to each of the Judges a com- proceedings. plete transcript of the proceedings in the case.

of or ques-

618. If, on the hearing of an appeal, any question arises as to the Evidence as ruling or direction of the Judge to a jury or questions put to to direction assessors, the Full Court shall have regard to verified notes or other tions by evidence and to such other materials as the Full Court may deem

Judge. ib. r. 13. expedient.

619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may be just.

620. An appeal shall not operate as a stay of execution or of pro- ceedings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court or the Full Court may direct.

Interlocutory

order not to prejudice appeal. ib. r. 14.

Stay of pro- ceedings. b.7. 16.

making

621. Every application to the Full Court incidental to an appeal Mode of shall be by motion, and the provisions of Chapter X relating to incidental motions shall apply thereto.

application. ib. r. 18.

where execu-

622. On any appeal from a decision of the Court interest at the Interest rate for the time being fixed by the Court for such time as exe- tion delayed cution has been delayed by the appeal shall be allowed, unless the by appeal.

* As amended by No. 2 of 1912.

The rate of interest fixed is 8% per annum.

ib. r. 19.

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