THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 3, 1915.
HONGKONG.
No. 27 of 1915.
I assent to this Ordinance.
LS
F. H. MAY, Governor.
3rd December, 1915.
An Ordinance to amend the Full Court Ordi- nance, 1912, and to make further provision for the constitution of the Full Court.
[3rd December, 1915.]
BE it enacted by the Governor of Hongkong, 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, 1915, and shall be read and construed as one and con- with the Full Court Ordinance, 1912, hereinafter called struction. the Principal Ordinance, aud the said Ordinance and this Ordinance may be cited together as the Full Court Ordi- nances, 1912 and 1915.
2. Section 5 of the Principal Ordinance is repealed and Repeal of the following is substituted therefor :—
Ordinance No. 27 of 1912, s. 5, and substitu-
tion of new section.
5. When three judges in the permanent service of Constitution the Colony shall not be available the following of the Court provisions shall apply :-
when three permanent
not avail-
(1.) In all interlocutory appeals, appeals judges are from the Court in its summary jurisdiction, able. appeals from any magistrate (including a marine magistrate), in all cases where the Full Court sits to hear and determine points reserved for its consideration, 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 applications for leave to appeal to His Majesty in Council and in all matters incidental thereto the Full Court may consist either of two or of three judges.
(3.) 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 con- sented to such appointment) or a barrister of not less than seven years standing temporarily appointed by the Governor from time to time for the purposes of this Ordinance: Provided that in any case falling within the provisions of this sub-section the Full Court may cousist of only two judges if in the opinion of the judge whose judgment or order is being appealed from, and in the opinion of the two other judges, the presence of the judge whose judgment or order is being appealed from is unnecessary.
F
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