766
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
7
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 provided for.
O. 36, r. 2.
Provision for different modes of trial for different questions. O. 36, r. 7.
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.
290.-(1) Causes or matters which would, previously to the commencement of the Hong Kong 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 Hong Kong 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 before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.
766
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
7
Trial without jury.
0. 36, r. 3.
0. 36, r. 4.
O. 36, r. 5.
Order for trial with jury.
0. 36, r. 6.
Mode of trial in cases not expressly provided
for.
0. 36, r. 2.
Provision for different modes of trial for different questions. Q. 36, r. 7.
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.
290.-(1) Causes or matters which would, previously to the commencement of the Hong Kong, 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 Hong Kong 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 before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.
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