1912_RULES_FOR_APPEALS_TO_THE_PRIVY_COUNCIL — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

274

Three copies of petition to be lodged with affidavit in support. Time for lodging petition.

of record,

PRIVY COUNCIL APPEALS.

4. The petitioner shall lodge at least 3 copies of his petition for special leave to appeal together with the affidavit in support thereof prescribed by Rule 50 hereinafter contained.

5. A petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the petitioner shall, in every case, lodge his petition with the least possible delay.

Security for costs and transmission

6. Where the Judicial Committee agree to advise His Majesty to grant special leave to appeal, they shall, in their report, specify the amount of the security for costs (if any) to be lodged by the petitioner, and the period (if any) within which such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require.

General provisions.

Petitions for leave to appeal in formâ pauperis.

7. Save as by the four last preceding Rules otherwise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to petitions for special leave to appeal.

8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to special leave petitions for leave to appeal in formâ pauperis, but in addition to the affidavit referred to in Rule 4 every such petition shall be accompanied by an affidavit from the petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject-matter of the intended appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the petitioner has reasonable ground of appeal.

Pauper appellant not to lodge security or pay Office fees.

Unsuccessful petitioner not to pay Office fees.

9. Where a petitioner obtains leave to appeal in formâ pauperis, he shall not be required to lodge security for the costs of the respondent or to pay any Council Office fees.

10. A petitioner whose petition for leave to appeal in formâ pauperis is dismissed may, notwithstanding such dismissal, be excused from paying the Council Office fees usually chargeable to a petitioner in respect of a petition for leave to appeal, if His Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order.

Record to be transmitted without delay.

11. As soon as an appeal has been admitted, whether by an order of the Court appealed from or by an order of His Majesty in Council granting special leave to appeal, the Record shall be transmitted without delay.

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274 Three copies of petition to be lodged with affidavit in support. Time for lodging petition. of record, PRIVY COUNCIL APPEALS. 4. The petitioner shall lodge at least 3 copies of his petition for special leave to appeal together with the affidavit in support thereof prescribed by Rule 50 hereinafter contained. 5. A petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the petitioner shall, in every case, lodge his petition with the least possible delay. Security for costs and transmission 6. Where the Judicial Committee agree to advise His Majesty to grant special leave to appeal, they shall, in their report, specify the amount of the security for costs (if any) to be lodged by the petitioner, and the period (if any) within which such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require. General provisions. Petitions for leave to appeal in formâ pauperis. 7. Save as by the four last preceding Rules otherwise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to petitions for special leave to appeal. 8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to special leave petitions for leave to appeal in formâ pauperis, but in addition to the affidavit referred to in Rule 4 every such petition shall be accompanied by an affidavit from the petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject-matter of the intended appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the petitioner has reasonable ground of appeal. Pauper appellant not to lodge security or pay Office fees. Unsuccessful petitioner not to pay Office fees. 9. Where a petitioner obtains leave to appeal in formâ pauperis, he shall not be required to lodge security for the costs of the respondent or to pay any Council Office fees. 10. A petitioner whose petition for leave to appeal in formâ pauperis is dismissed may, notwithstanding such dismissal, be excused from paying the Council Office fees usually chargeable to a petitioner in respect of a petition for leave to appeal, if His Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order. Record to be transmitted without delay. 11. As soon as an appeal has been admitted, whether by an order of the Court appealed from or by an order of His Majesty in Council granting special leave to appeal, the Record shall be transmitted without delay.
Baseline (Original)
274 Three copies of petition to be lodged with affidavit in support. Time for lodging petition. of record, PRIVY COUNCIL APPEALS. 4. The petitioner shall lodge at least 3 copies of his petition for special leave to appeal together with the affidavit in support thereof prescibed by Rule 50 hereinafter contained. 5. A petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the petitioner shall, in every case, lodge his petition with the least possible delay. Security for 6. Where the Judicial Committee agree to advise His Majesty to costs and transmission grant special leave to appeal, they shall, in their report, specify the amount of the security for costs (if any) to be lodged by the petitioner, and the period (if any) within which such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require. General provisions. Petitions for to appeal in formâ, pauperis. 7. Save as by the four last preceding Rules otherwise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to petitions for special leave to appeal. 8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to special leave petitions for leave to appeal in formi pauperis, but in addition to the affidavit referred to in Rule 4 every such petition shall be accompanied by an affidavit from the petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject- matter of the intended appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the petitioner has reasonable ground of appeal. Pauper appellant not to lodge security or pay Office fees. Unsuccess- 9. Where a petitioner obtains leave to appeal in formâ pauperis, he shall not be required to lodge security for the costs of the respondent or to pay any Council Office fees. 10. A petitioner whose petition for leave to appeal in forma pauperis ful petitioner is dismissed may, notwithstanding such dismissal, be excused from pay- ing the Council Office fees usually chargeable to a petitioner in respect of a petition for leave to appeal, if His Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order. for leave to appeal in formá pau- peris not to pay Office fees. Record to Record. 11. As soon as an appeal has been admitted, whether by an order of be transmit the Court appealed from or by au order of His Majesty in Council grant- ted without delay.
2026-05-03 05:23:36 · Baseline
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274

Three copies of petition to be lodged

with affidavit in support. Time for lodging petition.

of record,

PRIVY COUNCIL APPEALS.

4. The petitioner shall lodge at least 3 copies of his petition for special leave to appeal together with the affidavit in support thereof prescibed by Rule 50 hereinafter contained.

5. A petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the petitioner shall, in every case, lodge his petition with the least possible delay.

Security for

6. Where the Judicial Committee agree to advise His Majesty to costs and transmission grant special leave to appeal, they shall, in their report, specify the amount of the security for costs (if any) to be lodged by the petitioner, and the period (if any) within which such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require.

General provisions.

Petitions for

to appeal in formâ, pauperis.

7. Save as by the four last preceding Rules otherwise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to petitions for special leave to appeal.

8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to special leave petitions for leave to appeal in formi pauperis, but in addition to the affidavit referred to in Rule 4 every such petition shall be accompanied by an affidavit from the petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject- matter of the intended appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the petitioner has reasonable ground of appeal.

Pauper appellant not to lodge security or pay Office fees.

Unsuccess-

9. Where a petitioner obtains leave to appeal in formâ pauperis, he shall not be required to lodge security for the costs of the respondent or to pay any Council Office fees.

10. A petitioner whose petition for leave to appeal in forma pauperis ful petitioner is dismissed may, notwithstanding such dismissal, be excused from pay- ing the Council Office fees usually chargeable to a petitioner in respect of a petition for leave to appeal, if His Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order.

for leave to appeal in formá pau- peris not

to pay Office fees.

Record to

Record.

11. As soon as an appeal has been admitted, whether by an order of be transmit the Court appealed from or by au order of His Majesty in Council grant-

ted without

delay.

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