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3. Section 2 of the new consolidation Ordinance places a limitation on the practice by providing that, except in certain specified cases, 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. He may, however, be a member of a Full Court of three judges.
4. In future therefore appeals from a judge in the summary jurisdction will be heard either by three judges or by a court of two other judges. Magisterial appeals may be heard by either two or three judges as the Chief Justice may determine. Circumstances now obtain which makes a court of three local judges possible whenever it is deemed necessary.
In
5. Sections 2, 3 and 4 of the new Ordinance replace sections 2, 3, 4 and 5 of Ordinance No. 27 of 1912 as amended by Ordinance No. 35 of 1931. But all these sections have been redrafted and revised to meet present conditions. particular it should be noted that the proviso to section 3 of Ordinance No. 27 of 1912 has been omitted. That proviso required that the Judge of His Britannic Majesty's Supreme Court for China should preside, when present, in the Full Court if his appointment as such judge was earlier in date than the appointment of the Chief Justice as such Chief Justice. A reciprocal provision was contained in Article 22 (2) of the China Order in Council, 1925. It is considered now, by the judges of both Courts, more suitable that the Chief Justice and Judge should each preside in his own Court.
6. Section 5 re-enacts section 5A of the principal Ordinance (repealed by No. 35 of 1931) so as to make provision for pending appeals and motions.
7 Section 6 effects the necessary repeals.
C. G. ALABASTER,
Attorney General.
February, 1933.
NOTICES.
COLONIAL SECRETARY'S DEPARTMENT.
No. S. 93. Statement of Sanitary Measures adopted by Hong Kong.
Disease.
Port or Place.
Restriction in Force.
Small-pox.
Swatow. Quarantine, Vaccination and/or Fumigation at the
discretion of Health Officer.
10th March, 1933.
Authority.
Notification No. 15 of 9th January, 1933.
W. T. SOUTHORN,
Colonial Secretary.