CHINESE SUBJECTS (CIVIL PROCEEDINGS) ORDINANCE, 1851
Title
CHINESE SUBJECTS (CIVIL PROCEEDINGS) ORDINANCE, 1851
Description
ORDINANCE NO. 1 OF 1851.
Chinese Subjects (Civil Proceedings)
An ORDINANCE to regulate the Jurisdiction of the Civil Courts
of the Colony in certain cases.
[5th April,1851.]
WHEREAS, from the vicinity of this Colony to the dominions of
the Emperor of China, it is of frequent occurrence that Chinese
subjects 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 proper evidence
and for other reasons, but are frequently resorted to for the purpose of
extortion, and likewise tend to the injury of traffic within the Colony:
Be it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as the Chinese Subjects (Civil Proceedings)
Ordinance, 1851.
2.Neither the Supueme nor any other Court within the Colony shall
have or exercise jurisdiction in any civil proceeding as between persons
born within the dominions of the Emperor of China where the cause of
action has originated out of the Colony, unless the defendant has been a
resident therein for six consecutive months prior to the time of commencing
any action suit or proceeding grounded on such Court to have and exvercise juridiction
in any such civil proceeding if only it is made to appear to the satisfaction of the
presiding Judge of such Court that such jurisdiction may be had and exerised without the
mischief contemplated by this Ordinance.
A.D. 1851. Ordinance No. 2 of 1851, with Ordinance No. 10 of 1871 incorporated. Short title. Prohibition of civil proceedings in Courts between Chinese subjects, except in certain cases.
Chinese Subjects (Civil Proceedings)
An ORDINANCE to regulate the Jurisdiction of the Civil Courts
of the Colony in certain cases.
[5th April,1851.]
WHEREAS, from the vicinity of this Colony to the dominions of
the Emperor of China, it is of frequent occurrence that Chinese
subjects 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 proper evidence
and for other reasons, but are frequently resorted to for the purpose of
extortion, and likewise tend to the injury of traffic within the Colony:
Be it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as the Chinese Subjects (Civil Proceedings)
Ordinance, 1851.
2.Neither the Supueme nor any other Court within the Colony shall
have or exercise jurisdiction in any civil proceeding as between persons
born within the dominions of the Emperor of China where the cause of
action has originated out of the Colony, unless the defendant has been a
resident therein for six consecutive months prior to the time of commencing
any action suit or proceeding grounded on such Court to have and exvercise juridiction
in any such civil proceeding if only it is made to appear to the satisfaction of the
presiding Judge of such Court that such jurisdiction may be had and exerised without the
mischief contemplated by this Ordinance.
A.D. 1851. Ordinance No. 2 of 1851, with Ordinance No. 10 of 1871 incorporated. Short title. Prohibition of civil proceedings in Courts between Chinese subjects, except in certain cases.
Abstract
A.D. 1851. Ordinance No. 2 of 1851, with Ordinance No. 10 of 1871 incorporated. Short title. Prohibition of civil proceedings in Courts between Chinese subjects, except in certain cases.
Identifier
https://oelawhk.lib.hku.hk/items/show/548
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 of 1851
Number of Pages
1
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE SUBJECTS (CIVIL PROCEEDINGS) ORDINANCE, 1851,” Historical Laws of Hong Kong Online, accessed January 19, 2025, https://oelawhk.lib.hku.hk/items/show/548.
