1988 Ed.] The Rules of the Supreme Court-Order 93
[CAP. 4
A 355
[Subsidiary]
ORDER 93
APPLICATIONS AND APPEALS UNDER VARIOUS ENACTMENTS
Application under Variation of Trusts Ordinance (O. 93, r. 6)
6. (2) In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 3 of the Variation of Trusts Ordinance is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.
Case stated under section 30 of the Copyright Act, 1956 (O. 93, r. 14)
14. (1) Where the Court of Appeal makes an order directing the Performing Right Tribunal to refer a question of law to the Court of Appeal under section 30 of the Copyright Act, 1956, as extended to Hong Kong by the Copyright (Hong Kong) Orders 1972 and 1979, by way of case stated it may by the order suspend the operation of an order made by the Tribunal in the proceedings in which the question arose.
(2) The Registrar shall notify the clerk of the Tribunal of the decision of the Court of Appeal on any application for an order directing the Tribunal to refer a question of law to the Court of Appeal under the said section 30 and of any directions given by the Court of Appeal thereon.
(HK)(3) The provisions of Order 61 shall apply to cases stated by the Performing Right Tribunal.
ORDER 95
THE BILLS OF SALE ORDINANCE AND BANKRUPTCY ORDINANCE
Rectification of register (O. 95, r. 1)
1. (1) Every application to the Court under section 20 of the Bills of Sale Ordinance for an order-
(a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Ordinance be rectified by extending the time for such registration, or
(b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,
must be made by affidavit ex parte to a master.
(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.
(Cap. 253.)
(1956 c. 74, S.I. 1972/1724; S.L. 1979/910.)
(Cap. 20.)
Page 355
Page 356
1988 Ed.] The Rules of the Supreme Court-Order 93
[CAP. 4
A 355
[Subsidiary]
ORDER 93
APPLICATIONS AND APPEALS UNDER VARIOUS ENACTMENTS
Application under Variation of Trusts Ordinance (O. 93, r. 6)
6. (2) In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 3 of the Variation of Trusts Ordinance, is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.
Case stated under section 30 of the Copyright Act, 1956 (O. 93, r. 14)
14. (1) Where the Court of Appeal makes an order directing the Performing Right Tribunal to refer a question of law to the Court of Appeal under section 30 of the Copyright Act, 1956, as extended to Hong Kong by the Copyright (Hong Kong) Orders 1972 and 1979, by way of case stated it may by the order suspend the operation of an order made by the Tribunal in the proceedings in which the question arose.
(2) The Registrar shall notify the clerk of the Tribunal of the decision of the Court of Appeal on any application for an order directing the Tribunal to refer a question of law to the Court of Appeal under the said section 30 and of any directions given by the Court of Appeal thereon.
(HK)(3) The provisions of Order 61 shall apply to cases stated by the Performing Right Tribunal.
ORDER 95
THE BILLS OF SALE ORDINANCE AND BANKRUPTCY ORDINANCE
Rectification of register (O. 95, r. 1)
1. (1) Every application to the Court under section 20 of the Bills of Sale Ordinance for an order-
(a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Ordinance be rectified by extending the time for such registration, or
(b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,
must be made by affidavit ex parte to a master.
(2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out par- ticulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.
(Cap. 253.)
(1956 c. 74, S.I. 1972/1724; S.L. 1979/910.)
(Cap. 20.)
Page 355Page 356
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