1182
Right to trial by jury in
etc.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
289. In any action of libel, slander, false imprisonment, malicious prosecution, seduction, or breach of promise of marriage, the plaintiff or the defendant may, in the summons or on the hearing of the summons, as the case may be, signify his desire to have the issues of fact tried by the court with a jury, and thereupon the same shall be so tried.
O. 36, r. 2.
Trial without jury. O. 36, r. 3.
O. 36, r. 4.
O. 36, r. 5.
Order for trial with jury.
O. 36, r. 6.
Mode of trial in cases not expressly
O. 36, r. 7.
290.—(1) Causes or matters which would, previously to the commencement of the Hongkong Code of Civil Procedure, have been heard by the court in its equitable jurisdiction shall be tried by the court without a jury, unless the court otherwise orders.
(2) The court may, if it appears desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law, arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consent of parties, have been heard without a jury.
(3) The court may direct the trial without a jury of any cause, matter, or issue requiring any prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the court, conveniently be made with a jury.
291. In any other cause or matter, on the application of any party thereto for a trial by the court with a jury of the cause or matter or of any issue of fact, an order shall be made for such trial accordingly.
292. In every cause or matter, unless under the provisions of section 291 a trial by the court with a jury is ordered or under section 289 either party has signified a desire to have a trial by the court with a jury, the mode of trial shall be by the court without a jury: Provided that in any such case the court may at any time order any cause, matter, or issue to be tried by the court with a jury, or by the court sitting with assessors, or by a referee with or without assessors.
293. Subject to the provisions of sections 288 to 292, the court may, in any cause or matter, at any time or from time to time order that different questions of fact arising therein be tried by different modes of trial or that one or more questions of fact be tried by different modes of trial.
O. 36, r. 8.
* As amended by Law Rev. Ord., 1924.
1182
Right to trial by jury in
etc.
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
289. In any action of libel, slander, false imprisonment, action of libel, malicious prosecution, seduction, or breach of promise of marriage, the plaintiff or the defendant may, in the summons or on the hearing of the summons, as the case may be, signify his desire to have the issues of fact tried by the court with a jury, and thereupon the same shall be so tried.
O. 36, r. 2.
Trial without jury. O. 36, r. 3.
.0: 36, r. 4.
0, 36, r. 5.
Order for trial with jury.
O. 36, r. 6.
Mode of trial in cases not expressly
0. 36, r. 7.
*
290.—(1) Causes or matters which would, previously to the commencement of the Hongkong Code of Civil Procedure, have been heard by the court in its equitable jurisdiction shall be tried by the court without a jury, unless the court otherwise orders.
(2) The court may, if it appears desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law, arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consent of parties, have been heard without a jury.
(3) The court may direct the trial without a jury of any cause, matter, or issue requiring any prolonged examination of documents or accounts, or any scientific or local investiga- tion, which cannot, in the opinion of the court, conveniently be made with a jury.
291. In any other cause or matter, on the application of any party thereto for a trial by the court with a jury of the cause or matter or of any issue of fact, an order shall be made for such trial accordingly.
292. In every cause or matter, unless under the provi- sions of section 291 a trial by the court with a jury is ordered provided for. Or under section 289 either party has signified a desire to have a trial by the court with a jury, the mode of trial shall be by the court without a jury: Provided that in any such case the court may at any time order any cause, matter, or issue to be tried by the court with a jury, or by the court sitting with assessors, or by a referee with or without
Provision for different
assessors.
293. Subject to the provisions of sections 288 to 292, the court may, in any cause or matter, at any time or from time for different to time order that different questions of fact arising therein questions. be tried by different modes of trial or that one or more
modes of trial
Ô. 36, r. 8.
J
* As amended by Law Rev. Ord., 1924.
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