C.S.O. 1 in 3667/31.
257
[No. 14 :----16.2.33.-5.]
A BILL
INTITULED
An Ordinance to amend and consolidate the Full Court
Ordinances.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Full Court Short title. Ordinance, 1933.
tion of
2.-(1) In this and in all existing and future enactments, Constitu- "Full Court" means any two or three judges sitting together, Fall whether in Court or in Chambers.
Court.
No. 9 of
1899.
(2) Except in the case of questions or points reserved Ordinance under any Ordinance or of appeals under the Criminal Procedure Ordinance, 1899, or except for the purpose
of dealing with any interlocutory or incidental matter relating to an appeal, the trial judge or a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only.
(3) Subject to the provisions of sub-section (2) the Chief Justice shall direct in every case whether the Full Court shall consist of two or of three judges, and, subject to the provisions of sub-section (4), he shall also direct of what judges it shall consist.
(4) A Full Court of three judges shall consist of the Chief Justice, the Puisne Judge and either the Judge of His Britannic Majesty's Supreme Court for China (if the Principal Secretary of State for Foreign Affairs has consented to such appointment) or a barrister who has previously held or has acted in any judicial office in the Colony, or a barrister of not less than seven years standing, temporarily appointed by the Governor from time to time for the purpose of this Ordinance.
3. The Chief Justice shall preside in any Full Court of Precedence. which he is a member and shall decide who shall be president
any Full Court of which he is not a member.
of
4.-(1) Where a Full Court consisting of three judges Rule sits, the judgment or order of any two of them shall be deemed where the judgment or order of the Full Court.
judges If no two of such differ. 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