CHINESE PERSONS (CIVIL PROCEEDINGS) ORDINANCE, 1851

CHINESE PERSONS (CIVIL PROCEEDINGS) ORDINANCE, 1851

No. 1 of 1851.

An Ordinance to regulate the jurisdiction of the civil
courts in certain cases.

[5th April, 1851.]


WHEREAS, from the vicinity of this Colony to the dominions of China,
it is of frequent occurrence that Chinese persons visiting the
Colony for a limited time and for the purposes of trade implead
and cause each other to be arrested for causes of action arising
within the said dominions: AND WHEREAS such proceedings are not
only inconvenient from the difficulty of procuring porper evidence
and for other reason,s but are frequently restoreed to for the purpose
of extortion, and likewise tend to the injury of traffic within
the Colony:-

1. This Ordinance may be cited as the Chinese Persons
(Civil Proceedings) Ordinances, 1851.

2. No court within the Colony shall have or exercise
jurisdiction in any civil proceeding as between Chinese
persons born wthin the dominions of China where the cause
of action has originated out of the Colony, unless the defen-
dant has been a resident therein for six consecutive months


* As amended by Law Rev. Ord., 1923.


prior to the time of commencing any action, suit, or proceed-
ing grounded on such cause of action: `Provided always that
it shall be lawful for any such court to have and exercise
jurisdiction in any such civil proceeding if only,it is made
to appear, to the satisfaction of the judge, that such jurisdic-
tion may be had and exercised' without the mischief con-
templated by this Ordinance.
[Originally No. 2 of 1851. Law Rev. Ord., 1924.] Short title. Prohibition of civil proceedings between Chinese person, except in certain cases.

[Originally No. 2 of 1851. Law Rev. Ord., 1924.] Short title. Prohibition of civil proceedings between Chinese person, except in certain cases.

https://oelawhk.lib.hku.hk/items/show/1058

1923

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