- (e) prescribing in what cases persons absent, but having an interest in a cause or matter, shall be bound by any order made therein;
- (f) prescribing in what cases and in what manner there may be submissions and references to special referees, how parties shall be bound thereby, and to what extent and with what consequences, and for the appointment, powers and duties of special referees and for proceedings before such special referees;
- (g) regulating the appointment and duties of commissioners for oaths, the revocation of such appointments, and matters incidental thereto;
- (h) regulating the execution of the process of the Supreme Court;
- (i) regulating matters which could heretofore be or which have heretofore been provided for or regulated by rules of court.
(3) Rules of court for regulating the procedure and practice (including fees and costs) in the exercise of the Admiralty jurisdiction of the High Court may be made hereunder and shall come into operation on approval by the Queen in Council save insofar as such approval may not be necessary under section 7 of the (1890 c. 27.)Colonial Courts of Admiralty Act 1890.
(4) The power to make rules of court under this section shall include power to make rules as to proceedings by or against the Crown.
(5) Rules of court made under this section shall apply to all proceedings by or against the Crown insofar as they expressly purport so to do.
Rules Committee. 55. (1) The rules of court shall be made by a Rules Committee which shall consist of—
- (a) the Chief Justice;
- (b) a Justice of Appeal appointed by the Chief Justice;
- (c) four judges of the High Court appointed by the Chief Justice;
- (d) two barristers nominated by the Hong Kong Bar Association;
- (e) two solicitors nominated by The Law Society of Hong Kong.
(2) Five members of the Rules Committee shall constitute a quorum if both a barrister and a solicitor are present.
(3) Nothing herein contained shall prevent the Chief Justice, if he thinks fit, from appointing more than one Rules Committee.
Orders for interim payment.
[cf. 1969 c. 58, s. 20.]
56. (1) The power to make rules of court under section 54 shall include power to make provision for enabling the Supreme Court in such circumstances as may be specified to make an order requiring a party to pending proceedings to make an interim payment of such amount as may be specified in the order, either by payment into court or (if the order so provides) by paying it to another party to the proceedings.
(2) Where any such rules make provision in accordance with subsection (1), the rules may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.
