COMMON LAW PROCEDURE ORDINANCE
Title
COMMON LAW PROCEDURE ORDINANCE
Description
Common Law procedure.
No. 5 of 1856.
An Ordinance for the Amendment of Procedure in Civil and Civil
Criminal Cases.
[17th March, 1856.]
WHEREAS important reforms have been introduced into the laws, o£
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 :-
1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of
Ordinance 19
Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to
civil ; `audE
where any of the enactments contained in the Common Law Procedure Acts o£
1$52:.
and 1854, or in any rules or orders hereby respectively extended to
Hongkong, reiaEe
to amendment of pleadings or to evidence, the same shall be interpreted
to apply to,
criminal procedure equally as to civil. [Repeated by Ordinance No. 3 of
1865.]
ORDINANCE No. 5 'oF 1856:
Common Law Procedure.
2. Subject to the provisions of this present Ordinance, which shall
be read with and as forming part of the said Ordinance No. 6 of 1$55,
such and so many of the enactments of the Imperial Parliament as are
specified in schedule A, to this Ordinance annexed, and also such and so
many of the rules or orders made by the Judges of the Superior 4,Qurts
of Common Law at Westminster under statutory authority for regulating
practice and pleading in the said Courts as are specified in schedule B,
to
this Ordinance also annexed, shall, from and after the passing of this
Ordi-
nance (but so far only as in the said schedules respectively are
specified,)
extend to and have force within this Colony: And all powers and duties
thereby respectively conferred or imposed upon any Judges of the said
Superior Courts, any masters thereof, and any sheriffs, gaolers, officers,
or others owing obedience to any of the said Courts, shall respectively
devolve upon and be exercised or performed by the Supreme Court of
this Colony, the Registrar of the said Court, and the sheriff of this Co-
lony, and all gaolers, officers, or others within the same, according to
their several and respective jurisdictions and authorities in the premises
respectively. [So much as relates to 17 and 18 b' c. 36 and to 18 and 19
T'. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance
No. 12 of 1864.
3. All writs whatsoever shall be tested and bear date the respective Teta
of writs.
days whereon the same shall happen to be sued out.
4. Every Court, Magistrate, Commissioner, or officer qualified to take
affidavits cn8«orn aeein-
rations of vit-
or depositions in any matter, civil or criminal, where any person
competent to give nessas, &o.
evidence or make affidavit therein shall refuse to be sworn thereto, may,
at his discre.
tion, permit him or her to make an unsworn declaration or statement of
his or her
testimony in the said matter, which said declaration or statement shall
thenceforth
have the same force and effect in all respects as his or her deposition
or affidavit (as
the case may be) to the like purport, if sworn to in the usual way, would
have had
But no such permission shall be granted to any person who shall not have
been first,
by the said Court, Magistrate, Commissioner, or officer, duly warned to
speak the
truth, and informed of the penalties which he or she will incur by making
a false
declaration or statement under this Ordinance; and further, who shall not
(unless he
or she shall happen to be a heathen) have first satisfied the said Court,
Magistrate,
Commissioner, or officer, that his or her objection to take the oath
proceeds from a
religious or conscientious belief that the taking of an oath is unlawful.
[Repealed by
Ordinance No. 2 of 1889.
5. All proceedings in cases within the meaning of section 514 of
ahipowners'
responsibility
the ' Merchant Shipping Act 1854,' and of any enactments passed or to
clauses.
Extension to
this Colony
of certain
enactments
and statutory
rules for
amending the
pleading and
practice of
the Courts at
Westminster.
Payment of
aroney i#to
Court noAd
mission of
cause of ac-
tion.
Actions of
e,jectment for
Crown lands,
kc., may be
brought by
the Attorney
General.
i'nise testim<fy.
Court of error
and appe.d.
ORDINANCE No. 5 of 1856.
Common Law Procedure.
be passed for amending the same, shall be by summary application to
the'Supreme Court on the common law side, and by way of motion sup=
ported by affidavit ; and the said Court shall, if it deem meet, by rule
or
order give such relief as by the said section any such competent Court as
in the`:said Act is mentioned hath power to give.
further ex- 6. In like manner, any party to an action may, upon his or her
tension of
the equitable summary application to the said Court, obtain, in the cases
specified in
jurisdiction of
the common the hereby extended enactments of the 11 Common Law Procedure
Act'
law side of
the supreme 185,' or in the said Ordinance No. 6 of 1855, any such writs
of. in-
(7ourt, j unction or other equitable relief as therein expressed : And no
such
party shall be obliged to have recourse for such relief to the equity side
of the actual said Court by bill or otherwise.
striking out 'J. It shall be lawful for the said Court to order to be
struck out
.of equitable
defences. of any pleadings at law, upon such terms as to the said Court
shall seem
meet, any equitable plea or equitable replication which doth not appear
to disclose a good defence upon the merits either at law or in equity.
$. Payment of money by a defendant into Court shall in no case
soever be deemed an admission of any of the causes for which such ac-
tion may have been brought.
9. The Attorney General may lawfully institute and prosecute in
his own name an action of ejectment for recovering f unto the. Crown any
lands, tenements or hereditaments claimed by the Crown and whereof
the Crown is not in actual possession.
10. The penalties of wilful and corrupt perjury shall he incurred by any
person
who shall falsely swear to, or with or without oath falsely affirm or
state, any matter
of evidence under this or any other Ordinance. Repealed by Ordinance No.
2 of 1889..1
11. Until a Court oferror and appeal shall be constituted in this
Colony, so much of schedule A to this Ordinance as relates thereto may
be so far as practicable taken advantage of by appeal to Her Majesty
in Council.
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS.
How much of the Act is hereby
extended to this Colony.
Date of Act. ~ , Title or Subject matter
of Act.
6 & i V ict.. c. G r . ~ Proceedings in ylanda-
mus.
The whole Act.
ORDINANCE No: 5 of 1856.
Common Law Prrocedure.
SCHEDULE A,-Continued.
Date of Act.
15 & 16 Viet. e. i 6.
164 17 Viet. c. 30.
16 a 17 Viet. c. 83.
1 '$ u 18 Viet. c. 36.
17 & 18 Viet. c. 90.
17 & 18 Viet, c. 125.
18 & 19 Viet. c. 67.
Title or Subject matter
of Act.
The Common Law Pro-
cedure Act, 1852.
Aggravated Assaults.
The Evidence Amend-
ment Act, 1.853.
Secret Bills of Sale.
Usury aril Annuities'
Laws Repeal.
The Codtmou Law Pro-
cedure,Aet, 1859.
Summary Procedure on
Hills of Exchange.
How much of the Act is hereby
extended to this Colony.
The following sections of the Act; viz.:-
The sections numbered consecutively
from 2 to 22, both inclusive: Section
23 (except those words in the said
section, 'Providing it purport to be
signed by such Consul-General, Vic©-
Cousul, or Consular Agent, upon proof
of the official Character and Signature
o£ the person appearing to have signed
the same'). The sections numbered
consecutively from 24 to 70, both
inclusive (except the exception in
section 70 contained). The sections
numbered consecutively from 7 0 to 106,
both inclusive; from 113 to 120, both
inclusive; from 123 to 127, both
inclusive, and from 146 to 226, both
inclusive. And also schedules A. 4
B, referred to in the said Ant, and
thereto annexed.
The whole Act, except section 10.
The whole of the Act, except section 6.
The whole of the Act, except section 8.
The whole of the Act, and the schedule
thereto annexed, and therein referred
to.
The following sections o£ the Ant, viz.:-
Sections 32, 34, 35, 43, 45, 75, 76,
77, 90, 91, 96, 97, 98, and 106.
The sections of the RAc;t numbered
consecutively from 1 to 7, both inclu-
sive ( except so far as section 7
may operate to incorporate therewith
such portions of 'the Common Law
Procedure Act, 1802,' and' the Com-
mon Law Procedure Act, 1854,' as
are not extended to Hongkong; or
such of the rules made under the said
Acts respectively as are riot specified
in schedule B to this Ordinance an-
nexed).
Ordinance No. 5 of 1856.
Common Law Procedure.
SCHEDULE B. RULES AND ORDERS TO WHICH THIS ORDINANCE REFERS.
Subject Matter of the ( I-low much of the Rules or Orders are
Rules or Orders. ~hereby extended to this Colony.
Title & Date of the
Rules or Orders.
12.egulae Generales
Hilary Term, 1853.
Regulm Generalos-
Hilary Term, 1853.
R©galae Generales-
Michaelmas Vaca-
tion, 1854.
Practice of the Common
Law Courts of West-
minster.
Pleadings in the Common
Law Courts of West-
minster.
Practice in the Common
Law Courts of West-
minster.
The Rules or Orders'numbered consecu-
tively from 2 to 8, both inclusive; and
from 10 to 42, both inclusive : Rule
48 ; The rules numbered consecutively
from 50 to 73, both inclusive; from 77
to 94, both inclusive; from 96 to 1412,
bothinclusive; from 146 to 164, both
inclusive; from 166 to 172, both in-
clusive; 174 and 176; And also the
'Forms of Proceedings,' or schedule
of forms therein referred to, and there-
unto annexed.
The whole of the said Rules or Orders.
The whole of the said Rules; and also
so much of the 'Forms of Proceed-
ings' and 'Schedule' therein refer-
red to and thereunto annexed, as were
not extended to this Colony by the
Ordinance, 19 Viet. No. 6 of T$55. .
[So much as relates to section 1 of 16 Sf 17 Vict. c. 30 repealed by
Ordinance 11'0.
11 of 1885. , So much as relates to 17 4 18 Viet. c. 90 repealed by
Ordinance
No. 7 of 1886. So much as relates to 16 4 17 Vict. c.. 83 repealed by Or-
dinance !1'0. 2 of 1889.]
332
Title.
[See Ords. No. 7 of 1856 and No. 4 of 1857.]
Preamble.
Extension of portions of Ordinance No. 6 of 1855 to criminal cases.
Extension to this Colony of certain enactments and statutory rules for amending the pleading and practice of the Courts at Westminster.
Teste adn date fo writs.
Unsworn declarations fo witnesses, &c.
Shipowners' responsibility clauses.
Funther extension of the equitable jurisdiction of the common law side of the Supreme Court.
Striking out of equitable defences.
Payment of money into Court no admission fo cause of action.
Actions of ejectment for Crown lands &c., may be brought by the Attorney General.
False testimony.
Court of error and appeal.
336
No. 5 of 1856.
An Ordinance for the Amendment of Procedure in Civil and Civil
Criminal Cases.
[17th March, 1856.]
WHEREAS important reforms have been introduced into the laws, o£
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 :-
1. Sections 17, 21, 22, 23, 24, 25, 26, 29, 30, 42, 43, and 92, of
Ordinance 19
Victoria, No. 6 of 1855, shall apply to criminal procedure equally as to
civil ; `audE
where any of the enactments contained in the Common Law Procedure Acts o£
1$52:.
and 1854, or in any rules or orders hereby respectively extended to
Hongkong, reiaEe
to amendment of pleadings or to evidence, the same shall be interpreted
to apply to,
criminal procedure equally as to civil. [Repeated by Ordinance No. 3 of
1865.]
ORDINANCE No. 5 'oF 1856:
Common Law Procedure.
2. Subject to the provisions of this present Ordinance, which shall
be read with and as forming part of the said Ordinance No. 6 of 1$55,
such and so many of the enactments of the Imperial Parliament as are
specified in schedule A, to this Ordinance annexed, and also such and so
many of the rules or orders made by the Judges of the Superior 4,Qurts
of Common Law at Westminster under statutory authority for regulating
practice and pleading in the said Courts as are specified in schedule B,
to
this Ordinance also annexed, shall, from and after the passing of this
Ordi-
nance (but so far only as in the said schedules respectively are
specified,)
extend to and have force within this Colony: And all powers and duties
thereby respectively conferred or imposed upon any Judges of the said
Superior Courts, any masters thereof, and any sheriffs, gaolers, officers,
or others owing obedience to any of the said Courts, shall respectively
devolve upon and be exercised or performed by the Supreme Court of
this Colony, the Registrar of the said Court, and the sheriff of this Co-
lony, and all gaolers, officers, or others within the same, according to
their several and respective jurisdictions and authorities in the premises
respectively. [So much as relates to 17 and 18 b' c. 36 and to 18 and 19
T'. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance
No. 12 of 1864.
3. All writs whatsoever shall be tested and bear date the respective Teta
of writs.
days whereon the same shall happen to be sued out.
4. Every Court, Magistrate, Commissioner, or officer qualified to take
affidavits cn8«orn aeein-
rations of vit-
or depositions in any matter, civil or criminal, where any person
competent to give nessas, &o.
evidence or make affidavit therein shall refuse to be sworn thereto, may,
at his discre.
tion, permit him or her to make an unsworn declaration or statement of
his or her
testimony in the said matter, which said declaration or statement shall
thenceforth
have the same force and effect in all respects as his or her deposition
or affidavit (as
the case may be) to the like purport, if sworn to in the usual way, would
have had
But no such permission shall be granted to any person who shall not have
been first,
by the said Court, Magistrate, Commissioner, or officer, duly warned to
speak the
truth, and informed of the penalties which he or she will incur by making
a false
declaration or statement under this Ordinance; and further, who shall not
(unless he
or she shall happen to be a heathen) have first satisfied the said Court,
Magistrate,
Commissioner, or officer, that his or her objection to take the oath
proceeds from a
religious or conscientious belief that the taking of an oath is unlawful.
[Repealed by
Ordinance No. 2 of 1889.
5. All proceedings in cases within the meaning of section 514 of
ahipowners'
responsibility
the ' Merchant Shipping Act 1854,' and of any enactments passed or to
clauses.
Extension to
this Colony
of certain
enactments
and statutory
rules for
amending the
pleading and
practice of
the Courts at
Westminster.
Payment of
aroney i#to
Court noAd
mission of
cause of ac-
tion.
Actions of
e,jectment for
Crown lands,
kc., may be
brought by
the Attorney
General.
i'nise testim<fy.
Court of error
and appe.d.
ORDINANCE No. 5 of 1856.
Common Law Procedure.
be passed for amending the same, shall be by summary application to
the'Supreme Court on the common law side, and by way of motion sup=
ported by affidavit ; and the said Court shall, if it deem meet, by rule
or
order give such relief as by the said section any such competent Court as
in the`:said Act is mentioned hath power to give.
further ex- 6. In like manner, any party to an action may, upon his or her
tension of
the equitable summary application to the said Court, obtain, in the cases
specified in
jurisdiction of
the common the hereby extended enactments of the 11 Common Law Procedure
Act'
law side of
the supreme 185,' or in the said Ordinance No. 6 of 1855, any such writs
of. in-
(7ourt, j unction or other equitable relief as therein expressed : And no
such
party shall be obliged to have recourse for such relief to the equity side
of the actual said Court by bill or otherwise.
striking out 'J. It shall be lawful for the said Court to order to be
struck out
.of equitable
defences. of any pleadings at law, upon such terms as to the said Court
shall seem
meet, any equitable plea or equitable replication which doth not appear
to disclose a good defence upon the merits either at law or in equity.
$. Payment of money by a defendant into Court shall in no case
soever be deemed an admission of any of the causes for which such ac-
tion may have been brought.
9. The Attorney General may lawfully institute and prosecute in
his own name an action of ejectment for recovering f unto the. Crown any
lands, tenements or hereditaments claimed by the Crown and whereof
the Crown is not in actual possession.
10. The penalties of wilful and corrupt perjury shall he incurred by any
person
who shall falsely swear to, or with or without oath falsely affirm or
state, any matter
of evidence under this or any other Ordinance. Repealed by Ordinance No.
2 of 1889..1
11. Until a Court oferror and appeal shall be constituted in this
Colony, so much of schedule A to this Ordinance as relates thereto may
be so far as practicable taken advantage of by appeal to Her Majesty
in Council.
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THIS ORDINANCE REFERS.
How much of the Act is hereby
extended to this Colony.
Date of Act. ~ , Title or Subject matter
of Act.
6 & i V ict.. c. G r . ~ Proceedings in ylanda-
mus.
The whole Act.
ORDINANCE No: 5 of 1856.
Common Law Prrocedure.
SCHEDULE A,-Continued.
Date of Act.
15 & 16 Viet. e. i 6.
164 17 Viet. c. 30.
16 a 17 Viet. c. 83.
1 '$ u 18 Viet. c. 36.
17 & 18 Viet. c. 90.
17 & 18 Viet, c. 125.
18 & 19 Viet. c. 67.
Title or Subject matter
of Act.
The Common Law Pro-
cedure Act, 1852.
Aggravated Assaults.
The Evidence Amend-
ment Act, 1.853.
Secret Bills of Sale.
Usury aril Annuities'
Laws Repeal.
The Codtmou Law Pro-
cedure,Aet, 1859.
Summary Procedure on
Hills of Exchange.
How much of the Act is hereby
extended to this Colony.
The following sections of the Act; viz.:-
The sections numbered consecutively
from 2 to 22, both inclusive: Section
23 (except those words in the said
section, 'Providing it purport to be
signed by such Consul-General, Vic©-
Cousul, or Consular Agent, upon proof
of the official Character and Signature
o£ the person appearing to have signed
the same'). The sections numbered
consecutively from 24 to 70, both
inclusive (except the exception in
section 70 contained). The sections
numbered consecutively from 7 0 to 106,
both inclusive; from 113 to 120, both
inclusive; from 123 to 127, both
inclusive, and from 146 to 226, both
inclusive. And also schedules A. 4
B, referred to in the said Ant, and
thereto annexed.
The whole Act, except section 10.
The whole of the Act, except section 6.
The whole of the Act, except section 8.
The whole of the Act, and the schedule
thereto annexed, and therein referred
to.
The following sections o£ the Ant, viz.:-
Sections 32, 34, 35, 43, 45, 75, 76,
77, 90, 91, 96, 97, 98, and 106.
The sections of the RAc;t numbered
consecutively from 1 to 7, both inclu-
sive ( except so far as section 7
may operate to incorporate therewith
such portions of 'the Common Law
Procedure Act, 1802,' and' the Com-
mon Law Procedure Act, 1854,' as
are not extended to Hongkong; or
such of the rules made under the said
Acts respectively as are riot specified
in schedule B to this Ordinance an-
nexed).
Ordinance No. 5 of 1856.
Common Law Procedure.
SCHEDULE B. RULES AND ORDERS TO WHICH THIS ORDINANCE REFERS.
Subject Matter of the ( I-low much of the Rules or Orders are
Rules or Orders. ~hereby extended to this Colony.
Title & Date of the
Rules or Orders.
12.egulae Generales
Hilary Term, 1853.
Regulm Generalos-
Hilary Term, 1853.
R©galae Generales-
Michaelmas Vaca-
tion, 1854.
Practice of the Common
Law Courts of West-
minster.
Pleadings in the Common
Law Courts of West-
minster.
Practice in the Common
Law Courts of West-
minster.
The Rules or Orders'numbered consecu-
tively from 2 to 8, both inclusive; and
from 10 to 42, both inclusive : Rule
48 ; The rules numbered consecutively
from 50 to 73, both inclusive; from 77
to 94, both inclusive; from 96 to 1412,
bothinclusive; from 146 to 164, both
inclusive; from 166 to 172, both in-
clusive; 174 and 176; And also the
'Forms of Proceedings,' or schedule
of forms therein referred to, and there-
unto annexed.
The whole of the said Rules or Orders.
The whole of the said Rules; and also
so much of the 'Forms of Proceed-
ings' and 'Schedule' therein refer-
red to and thereunto annexed, as were
not extended to this Colony by the
Ordinance, 19 Viet. No. 6 of T$55. .
[So much as relates to section 1 of 16 Sf 17 Vict. c. 30 repealed by
Ordinance 11'0.
11 of 1885. , So much as relates to 17 4 18 Viet. c. 90 repealed by
Ordinance
No. 7 of 1886. So much as relates to 16 4 17 Vict. c.. 83 repealed by Or-
dinance !1'0. 2 of 1889.]
332
Title.
[See Ords. No. 7 of 1856 and No. 4 of 1857.]
Preamble.
Extension of portions of Ordinance No. 6 of 1855 to criminal cases.
Extension to this Colony of certain enactments and statutory rules for amending the pleading and practice of the Courts at Westminster.
Teste adn date fo writs.
Unsworn declarations fo witnesses, &c.
Shipowners' responsibility clauses.
Funther extension of the equitable jurisdiction of the common law side of the Supreme Court.
Striking out of equitable defences.
Payment of money into Court no admission fo cause of action.
Actions of ejectment for Crown lands &c., may be brought by the Attorney General.
False testimony.
Court of error and appeal.
336
Abstract
332
Title.
[See Ords. No. 7 of 1856 and No. 4 of 1857.]
Preamble.
Extension of portions of Ordinance No. 6 of 1855 to criminal cases.
Extension to this Colony of certain enactments and statutory rules for amending the pleading and practice of the Courts at Westminster.
Teste adn date fo writs.
Unsworn declarations fo witnesses, &c.
Shipowners' responsibility clauses.
Funther extension of the equitable jurisdiction of the common law side of the Supreme Court.
Striking out of equitable defences.
Payment of money into Court no admission fo cause of action.
Actions of ejectment for Crown lands &c., may be brought by the Attorney General.
False testimony.
Court of error and appeal.
336
Title.
[See Ords. No. 7 of 1856 and No. 4 of 1857.]
Preamble.
Extension of portions of Ordinance No. 6 of 1855 to criminal cases.
Extension to this Colony of certain enactments and statutory rules for amending the pleading and practice of the Courts at Westminster.
Teste adn date fo writs.
Unsworn declarations fo witnesses, &c.
Shipowners' responsibility clauses.
Funther extension of the equitable jurisdiction of the common law side of the Supreme Court.
Striking out of equitable defences.
Payment of money into Court no admission fo cause of action.
Actions of ejectment for Crown lands &c., may be brought by the Attorney General.
False testimony.
Court of error and appeal.
336
Identifier
https://oelawhk.lib.hku.hk/items/show/96
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 5 of 1856
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COMMON LAW PROCEDURE ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 19, 2024, https://oelawhk.lib.hku.hk/items/show/96.
