1964_SUPREME_COURT_ORDINANCE — Page 54

1989 Ed.]

Supreme Court

[CAP. 4

53

(4) The power to make rules of court under this section shall include power to make rules as to proceedings by or against the Crown.

(5) Rules of court made under this section shall apply to all proceedings by or against the Crown insofar as they expressly purport so to do.

55. Rules Committee

(1) The rules of court shall be made by a Rules Committee which shall consist of---

(a) the Chief Justice;

(b) 2 judges of the Supreme Court appointed by the Chief Justice;

(Replaced 52 of 1982 s. 3. Amended 52 of 1987 s. 41)

(c) the Registrar or a Master appointed by the Chief Justice to represent the Registrar; (Replaced 52 of 1982 s. 3. Amended 52 of 1987 s. 41)

(d) 2 barristers nominated by the Hong Kong Bar Association;

(e) 2 solicitors nominated by The Law Society of Hong Kong;

(f) the Attorney General or a legal officer appointed by him.

(Added 53 of 1980 s. 2)

(1A) The Registrar or such Master as the Chief Justice may appoint under subsection (1)(c) shall be the secretary of the Rules Committee. (Added 52 of 1982 s. 3. Amended 52 of 1987 s. 41)

(2) 5 members of the Rules Committee shall constitute a quorum if both a barrister and a solicitor are present.

(3) (Repealed 52 of 1987 s. 41)

55A. Rules concerning commencement of proceedings in respect of estates of deceased persons

The power to make rules of court under section 54 shall include power by any such rules to make provision-

(a) for enabling proceedings to be commenced in the High Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made;

(b) for enabling proceedings purporting to have been commenced in the High Court by or against a person to be treated, if he was dead at their commencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or administration was made before their commencement; and

(c) for enabling any proceedings commenced or treated as commenced in the High Court by or against the estate of a deceased person to be continued ...