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THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1933.
Rule where
judges differ.
Ordinance No. 9 of 1899.
Provision
appeals and motions.
4-(1) Where a Full Court consisting of three judges sits, the judgment or order of any two of them shall be deemed the judgment or order of the Full Court. If no two of such judges agree as to the judgment or order to be made, then the judgment or order appealed from shall be deemed to be the judgment or order of the Full Court.
(2) Subject to the provisions of sub-section (4), where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judge differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ. If the judgment or order appealed from is not so modified or affected it shall be deemed to be the judgment or order of the Full Court; and if the judgment or order appealed from is so modified or affected it shall, as so modified or affected, be deemed to be the judgment or order of the Full Court.
(3) Subject to the provisions of sub-section (4), where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judg- ment or order of the president shall be deemed to be the judgment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order.
(4) Where a Full Court consisting of two judges only sits to determine any question reserved for consideration or any
under the Criminal Procedure Ordinance, 1899, appeal
and the two judges differ as to the judgment or order to be made, then the matter shall be reheard by a Full Court consisting of three judges, and if no two of such three judges agree as to the judgment or order to be made, then the judgment or order of the trial judge, if he be a member of the Full Court, or of the president, if the trial judge be not a member of the Full Court, shall be deemed to be the judgment or order of the Full Court.ll
5. Ali appeals and all motions for a new trial or to set for pending aside a verdict, finding or judgment, which have been brought or made before the date of the coming into operation of this Ordinance and which have not been heard and determined before that date, may be continued before and heard and determined by the Full Court as constituted by this Ordinance in all respects as if such appeals and motions had been brought or made since the date of the coming into operation of this Ordinance.
Repeal of Ordinance No. 27 of 1912, and Ordinance
No. 35 of 1931.
6. The Full Court Ordinance, 1912, and the Full Court. Amendment Ordinance, 1931, are repealed.
F
Passed the Legislative Council of Hong Kong, this 23rd day of March, 1933.
Hai
R. A. C. NORTH, Deputy Clerk of Councils.