1964_RULES_OF_THE_SUPREME_COURT — Page 128

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A 128

CAP. 4

[Subsidiary]

The Rules of the Supreme Court-Order 36 [1988 Ed.

ORDER 36

TRIALS BEFORE, AND INQUIRIES BY, MASTER

Trial before, and inquiry by, master (O. 36, r. 1)

(HK)1. In any cause or matter other than a criminal proceeding by the Crown, the Court may, with the consent of the parties, order that the cause or matter, or any question or issue of fact arising therein, be tried before a master or that the master do inquire and report thereon and, in the case of inquiry and report, giving consequential directions.

Power of master (O. 36, r. 4)

4. (1) Subject to any directions contained in the order made pursuant to rule 1-

(a) the master shall for the purposes of the trial or inquiry (including any interlocutory application therein) have the same jurisdiction, powers and duties (including the power of committal and discretion as to costs) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit, in the like cases, in the like manner and subject to the like limitations; and

(b) every trial and all other proceedings before a master shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge.

(2) Without prejudice to the generality of paragraph (1) but subject to any such directions as are mentioned therein the master before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly.

Report on reference (O. 36, r. 9)

9. (1) The report made by a master in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference.

(2) The master may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On receipt of the master's report the Court may-

(a) adopt the report in whole or in part;

(b) vary the report;

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A 128 CAP. 4 [Subsidiary] The Rules of the Supreme Court-Order 36 [1988 Ed. ORDER 36 TRIALS BEFORE, AND INQUIRIES BY, MASTER Trial before, and inquiry by, master (O. 36, r. 1) (HK)1. In any cause or matter other than a criminal proceeding by the Crown, the Court may, with the consent of the parties, order that the cause or matter, or any question or issue of fact arising therein, be tried before a master or that the master do inquire and report thereon and, in the case of inquiry and report, giving consequential directions. Power of master (O. 36, r. 4) 4. (1) Subject to any directions contained in the order made pursuant to rule 1- (a) the master shall for the purposes of the trial or inquiry (including any interlocutory application therein) have the same jurisdiction, powers and duties (including the power of committal and discretion as to costs) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit, in the like cases, in the like manner and subject to the like limitations; and (b) every trial and all other proceedings before a master shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge. (2) Without prejudice to the generality of paragraph (1) but subject to any such directions as are mentioned therein the master before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly. Report on reference (O. 36, r. 9) 9. (1) The report made by a master in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference. (2) The master may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit. (3) On receipt of the master's report the Court may- (a) adopt the report in whole or in part; (b) vary the report; (c) require an explanation from him;

Baseline (Original)

A 128 CAP. 4 [Subsidiary] The Rules of the Supreme Court-Order 36 [1988 Ed. ORDER 36 TRIALS BEFORE, AND INQUIRIES BY, MASTER Trial before, and inquiry by, master (O. 36, r. 1) (HK)1. In any cause or matter other than a criminal proceeding by the Crown, the Court may, with the consent of the parties, order that the cause or matter, or any question or issue of fact arising therein, be tried before a master or that the master do inquire and report thereon and, in the case of inquiry and report, giving consequential directions. Power of master (O. 36, r. 4) 4. (1) Subject to any directions contained in the order made pursuant to rule 1- (a) the master shall for the purposes of the trial or inquiry (including any interlocutory application therein) have the same jurisdiction, powers and duties (including the power of committal and discretion as to costs) as a judge, exercisable or, as the case may be, to be performed as nearly as circumstances admit, in the like cases, in the like manner and subject to the like limitations; and (b) every trial and all other proceedings before a master shall, as nearly as circumstances admit, be conducted in the like manner as the like proceedings before a judge. (2) Without prejudice to the generality of paragraph (1) but subject to any such directions as are mentioned therein the master before whom any cause or matter is tried shall have the like powers as the Court with respect to claims relating to or connected with the original subject-matter of the cause or matter by any party thereto against any other person and Order 15, rule 5(2) and Order 16 shall with any necessary modifications apply in relation to any such claim accordingly. Report on reference (O. 36, r. 9) 9. (1) The report made by a master in pursuance of a reference under rule 1 shall be made to the Court and notice thereof served on the parties to the reference. (2) The master may in his report submit any question arising therein for the decision of the Court or make a special statement of acts from which the Court may draw such inferences as it thinks fit. (3) On receipt of the master's report the Court may- (a) adopt the report in whole or in part; (b) vary the report; (c) require an explanation from him;

2026-05-05 10:14:45 · Baseline

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