the-ordinances-of-the-legislative-counci-1890 — Page 368

332 ORDINANCES Nos . 4 AND 5 OF 1856 .


Chinese Wills. Common Law Procedure.


Chinese wills
or testamen 1. Any written will or testamentary writing heretofore or to be
tary writings hereafter made or acknowledged by a Chinese testator or testatrix
made in the
Chinese man
ner shall be (whether a native of, or domiciled in this Colony or the Empire of China )
deemed valid. shall , if the same be proved to have been made or acknowledged and
authenticated according to the Chinese laws or usages so as to be effectual
for the transmission of property according to such laws or usages, be
deemed and taken to be lawfully made and acknowledged, and to have
the same virtue and effect as if the same had been made and acknowledged
according to Act of Parliament.

Saving of 2. This Ordinance shall not affect or apply to any judgment or decree
suits, & c.
heretofore made by any Court, or any suit or action now pending therein ,
in which suit or action the validity of any will or testamentary writing

hath or shall come in question , nor any rights heretofore acquired under
and by reason of the laws in force relating to wills or testamentary writings
at the time of the passing of this Ordinance.




No. 5 of 1856 .

Title. An Ordinance for the Amendment of Procedure in Civil and
[See Ords.No.
7 of 1856 and Criminal Cases .
No. 4 of1857. ]
[ 17th March, 1856. ]
Preamble.
HEREAS important reforms have been introduced into the laws of
WH the United Kingdom , with a view of cheapening , simplifying,

and expediting the administration of justice, and it is expedient and
desirable that this Colony should as far as possible have the benefit of
these reforms : Be it therefore enacted and ordained by His Excellency

the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :

Extension of 1. Sections 17, 21 , 22, 23, 24, 25 , 26, 29, 30 , 42, 43, and 92 , of Ordinance 19
portions of Ordi
nance No. 6 of
1855 to criminal Victoria, No. 6 of 1855 , shall apply to criminal procedure equally as to civil ; and
cases. where any of the enactments contained in the Common Law Procedure Acts of 1852

and 1854, or in any rules or orders hereby respectively extended to Hongkong, relate
to amendment of pleadings or to evidence , the same shall be interpreted to apply to
criminal procedure equally as to civil. [Repealed by Ordinance No. 3 of 1865. ]