1964_DISTRICT_COURT_ORDINANCE — Page 35

HK Historical Laws 香港歷史法例 All AI Reviewed

34

CAP. 336]

District Court

[1984 Ed.

Solicitors.

Protection of judges.

Civil Procedure Rules:

(b) "lessee" includes an original or derivative under-lessee, and the persons deriving title under a lessee, also a grantee under any such grant as aforesaid and the persons deriving title under him;

(c) "lessor" includes an original or derivative under-lessor and the persons deriving title under a lessor, also a person making such grant as aforesaid and the persons deriving title under him;

(d) "under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted;

(e) "under-lessee" includes any person deriving title under an under-lessee.

(22 of 1962, s. 45, incorporated)

70. The Court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that Court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court.

(22 of 1962, s. 46, incorporated)

71. (1) No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court.

(2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action.

(3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge.

(4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment.

(22 of 1962, s. 47, incorporated)

72. (1) The Rules Committee may make rules regulating the practice of the Court in the exercise of its civil jurisdiction and the forms of proceedings therein and prescribing scales of costs to be paid to counsel and solicitors and the court fees to be paid in respect of any such proceedings.

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34 CAP. 336] District Court [1984 Ed. Solicitors. Protection of judges. Civil Procedure Rules: (b) "lessee" includes an original or derivative under-lessee, and the persons deriving title under a lessee, also a grantee under any such grant as aforesaid and the persons deriving title under him; (c) "lessor" includes an original or derivative under-lessor and the persons deriving title under a lessor, also a person making such grant as aforesaid and the persons deriving title under him; (d) "under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; (e) "under-lessee" includes any person deriving title under an under-lessee. (22 of 1962, s. 45, incorporated) 70. The Court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that Court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court. (22 of 1962, s. 46, incorporated) 71. (1) No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court. (2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action. (3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge. (4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment. (22 of 1962, s. 47, incorporated) 72. (1) The Rules Committee may make rules regulating the practice of the Court in the exercise of its civil jurisdiction and the forms of proceedings therein and prescribing scales of costs to be paid to counsel and solicitors and the court fees to be paid in respect of any such proceedings. Page 35 Page 36
Baseline (Original)
34 CAP. 336] District Court [1984 Ed. Solicitors. Protection of judges. Civil Procedure Rules: (b) "lessee" includes an original or derivative under-lessee, and the persons deriving title under a lessee, also a grantee under any such grant as aforesaid and the persons deriving title under him; (c) "lessor" includes an original or derivative under-lessor and the persons deriving title under a lessor, also a person making such grant as aforesaid and the persons deriving title under him; (d) "under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; (e) "under-lessee” includes any person deriving title under an under-lessee. (22 of 1962, s. 45, incorporated) 70. The Court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that Court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court. (22 of 1962, s. 46, incorporated) 71. (1) No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court. (2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action. (3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge. (4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment. (22 of 1962, s. 47, incorporated) 72. (1) The Rules Committee may make rules regulating the practice of the Court in the exercise of its civil jurisdiction and the forms of proceedings therein and prescribing scales of costs to be paid to counsel and solicitors and the court fees to be paid in respect of any such proceedings. Page 35Page 36
2026-05-04 14:21:36 · Baseline
View content

34

CAP. 336]

District Court

[1984 Ed.

Solicitors.

Protection of judges.

Civil Procedure Rules:

(b) "lessee" includes an original or derivative under-lessee, and the persons deriving title under a lessee, also a grantee under any such grant as aforesaid and the persons deriving title under him;

(c) "lessor" includes an original or derivative under-lessor and the persons deriving title under a lessor, also a person making such grant as aforesaid and the persons deriving title under him;

(d) "under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted;

(e) "under-lessee” includes any person deriving title under an

under-lessee.

(22 of 1962, s. 45, incorporated)

70. The Court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that Court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court.

(22 of 1962, s. 46, incorporated)

71. (1) No action shall be brought against a judge for any act done by him in the execution of his duty until the act done by him has been quashed on appeal to the Court of Appeal or by the Court.

(2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action.

(3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge.

(4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the jurisdiction conferred on him by this Ordinance or by any other

enactment.

(22 of 1962, s. 47, incorporated)

72. (1) The Rules Committee may make rules regulating the practice of the Court in the exercise of its civil jurisdiction and the forms of proceedings therein and prescribing scales of costs to be paid to counsel and solicitors and the court fees to be paid in respect of any such proceedings.

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