303
2. In all existing and future enactments the expression Interpreta- “Full Court" shall mean, subject only to the provisions of tion. this Ordinance, any two or three judges sitting together, provided however that where more than two judges in the permanent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges ouly, sitting to hear and determine the appeal.
3. The Chief Justice shall as a general rule preside Precedence. in the Full Court.
Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside when- ever he is present in the Full Court.
4.-(1.) Where a Full Court consisting of three judges Rule where sits the judgment or order of any two of them shall be Judges deemed the judgment or order of the Full Court.
(2.) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges 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 and shall be deemed to be the judgment or order of the Full Court.
(3.) Where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ the judgment or order of the Chief Justice or in his absence of the Senior Judge shall be deemed to be the judgment or order of the Fall 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 of the said Senior Judge.
differ.
5. Where three qulges in the permanent service of the Procedure Colony shall not be available and also whenever the where three Governor by notification in the Gazette so directs the permanent judges are following provisions shall apply :-
not avail-
- M
(1.) In all interlocutory appeals, appeals from the able. court in its summary jurisdiction, appeals from any Magistrate (including a Marine Magistrate), in all cases where the Full Court sits to hear and determine points reserved for its considera- tion, and in all cases where the Full Court does not sit in appellate jurisdiction the Full Court shall consist of two judges only.
(2.) In all other cases the Full Court shall consist of three judges one of whom shall be the judge of His Britannic Majesty's Supreme Court for China (if the Principal Secretary of State for Foreign Affairs has consented to such appoint- ment) or a barrister of not less than 7 years standing temporarily appointed by the Govern- or from time to time for the purposes of this sub-section.
6. The enactments specified in the first column of the Amend- Schedule hereto are hereby amended in the manner specified ments. in the second column.
7. This Ordinance shall come into operation on the Commence-
day of
1912.
ment.