A356
Ord. No. 52/87
Amendment of section 27.
Amendment of section 29.
Amendment of section 31.
Addition of new section 32A.
SUPREME COURT (AMENDMENT)
(2) A conveyance, contract, document or instrument executed or endorsed in accordance with subsection (1) shall have the same effect as if it had been executed or endorsed by the person originally directed to execute or endorse it.
(3) Nothing herein shall be held to abridge the powers of the High Court to proceed by attachment against any person neglecting or refusing to execute or endorse any such instrument.”.
21. Section 27 of the principal Ordinance is amended- (a) by being renumbered as subsection (1) thereof; and
(b) by inserting the following--
"(2) A copy of any order made under subsection (1) shall be published in the Gazette.".
22. Section 29(1)(a) of the principal Ordinance is amended by deleting "long" and substituting the following—
"Summer".
23. Section 31 of the principal Ordinance is amended in subsection (1) by deleting "a vacation” and substituting the following-
"the Summer vacation”.
24. The principal Ordinance is amended by adding, after section 32, the following-
"Proceedings in court and in
chambers.
1981 c. 54,
s. 67.
Addition of new
section 33A.
32A. Business in the High Court shall be heard and disposed of in court except insofar as it may, under this or any other enactment or in accordance with the practice of the Court, be dealt with in chambers.".
25. The principal Ordinance is amended by adding, after section 33, the following-
"Trial by jury in the High Court.
1981 c. 54, s. 69.
33A. (1) Where, on the application of any party to an action the High Court is satisfied that there is in issue—
(a) a claim in respect of libel, slander, malicious
prosecution, false imprisonment or seduction; or (b) any question or issue of a kind prescribed for the
purposes of this paragraph by rules of court,
the action shall be tried with a jury, unless the Court is of the opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.
(2) An application under subsection (1) must be made not later than such time before the trial as may be prescribed by rules of court.
SUPREME COURT (AMENDMENT)
Ord. No. 52/87
A357
(3) An action to be tried in the High Court which does not by virtue of subsection (1) fall to be tried with a jury shall be tried without a jury unless the Court in its discretion orders it to be tried with a jury.
(4) Nothing in subsections (1) to (3) shall affect the power of the Court to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial; and where any such order is made, subsection (1) shall have effect only as respects ques- tions relating to any such claim, question or issue as is mentioned in that subsection.
(5) Where for the purpose of disposing of any action or other matter which is being tried in the High Court by a judge with a jury it is necessary to ascertain the law of any other place which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.".
26. Section 34 of the principal Ordinance is amended-
(a) by deleting subsections (1) and (2) and substituting the following—
"(1) This section relates to the Court of Appeal in the exercise of its criminal jurisdiction; and in this section "Court" means the Court of Appeal exercising such juris- diction.
(Cap. 221.)
(Cap. 221.)
(2) The Court shall be duly constituted for the purpose of determining any appeal-
(a) by way of application for a new trial or to set aside a verdict, finding or judgment in any cause or matter in the High Court in which there has been a trial thereof or of any issue therein with a jury; or
(b) under Part IV of the Criminal Procedure Ordinance,
if it consists of an uneven number of Justices of Appeal not less than 3.
(2A) The Court shall be duly constituted for the purpose of determining an appeal against sentence only under sections 83G and 83H of the Criminal Procedure Ordinance if it consists of 2 Justices of Appeal.";
(b) in subsections (4), (5) and (6), by deleting "judges" wherever it
occurs and substituting the following-
"Justices of Appeal”; and
(c) in subsection (7) by deleting "section 35" and substituting the
following---
"section 34A”.
Amendment of section 34.