LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE, 1917

LEGAL PROCEEDINGS AGAINST ENEMIES ORDINANCE, 1917

No. 22 of 1917.

An Ordinance to facilitate legal proceedings against enemies in certain
cases.

[5th October, 1917.]

1. This Ordinance may be cited as the Legal Proceedings against
Enemies Ordinance, 1917.

2. For the purposes of this Ordinance,

(a) ' British subject ' includes a corporation incorporated in His
Majesty's dominions;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) ' Enemy ' means any persons or body of persons of
whatever nationality resident or carrying on business in enemy
territory, but does not include persons of enemy nationality
who are neither resident nor carrying on business in enemy
territory

(c) Enemy territory ' means any area which is under the
sovereignty of, or in the occupation of, a Power with whom
His Majesty is at war, not being an area in the occupation of
His Majesty or of a Power allied with His Majesty;

(d) ' Outbreak of war ' shall, as respects any enemy, be
construed as referring ro the date of-the outbreak of war between
His Majesty and the Power exercising sovereignty over, or
occupying, the territory in which the enemy is resident or
carrying on business;

(e) ' War ' means any war after the 'commencement of this
Ordinance between His Majesty and any foreign state.

3.-(1) Leave may be given to issue a writ of summons
in the Supreme Court for service on an enemy out of the
jurisdiction or of which notice is to be given to an enemy out
of the jurisdiction if the court is satisfied that the case is a case
to which this section applies, and the court may, on application
made at the time leave is so given or at any subsequent time,
if satisfied that the writ cannot promptly be served or brought
to the notice of the enemy defendant by any of the usual means,
make an order (in this Ordinance referred to as an enemy service
order) directing substituted or other service of the writ or the
substitution of notice for service by means of advertisement or
otherwise; and on that order being complied with, all proceed-
ings may be taken on the claim as if the writ had been served
on the enemy defendant by the usual means.

(2) The Chief justice may.make such rules as he thinks fit
for expediting proceedings and regulating procedure generally
in a case where an enemy service order has been made and the
enemy defendant does not appear; and any rules so made shall
have effect as if they were included in the rules of court for the
time being in force.

* As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) The court, where an enemy service order has been made
and it appears not to be practicable to obtain the best evidence
of any document which is in the opinion of the court material
to the case, may admit such other evidence thereof as appears
proper in the circumstances.

(4) The court shall have power, where an enemy service
order has been made and the enemy defendant does not appear,
to order the plaintiff, though successful, to pay the whole or any
part of the costs of the proceedings, if the court considers that
it is just to do so in the special circumstances of the case.

(5) The fact that, for the purpose of obtaining the benefit of
this section, a writ of summons has been indorsed only with a
claim. for a declaration in accordance therewith shall not prevent
any other declaration or any consequential or other relief being
claimed in other proceedings, or prevent the case being dealt
with, although no such other declaration or consequential or other
relief is claimed.

(6). This section applies to cases where-

(a) the plaintiff is a British subject and is entitled for the
time being to bring an action in the Supreme Court; and

(b) the defendant or one of the defendants is an enemy ; and

(c) -the,writ is indorsed only with a claim for a declaration
as to the effect of the war on rights or liabilities of the plaintiff
or defendant under a contract entered into before the outbreak
thereof ; and

(d) there is written evidence of the contract.

4. Nothing in this Ordinance shall prejudice or interfere
with any powers of the court to give leave to issue a writ of
summons or to adjourn, postpone or 'otherwise deal with any
proceedings on any claim against an enemy, and the court may,
if it appears on any proceedings in a case where an enemy
service order has been made that for any reason the case cannot
properly be dealt with under this Ordinance, dismiss the case,
without prejudice to any subsequent proceedings in the same
matter.
Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1.* Saving 5 & 6 Geo.5, c. 36, s. 3.

Provision with respect to writs issued against enemy in certain cases. 5 & 6 Geo. 5, c. 36, s. 1.* Saving 5 & 6 Geo.5, c. 36, s. 3.

https://oelawhk.lib.hku.hk/items/show/1547

1937

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