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LEGISLATIVE COUNCIL.
No. S. 251. The following Bills were read a first time at a Meeting of the Council held on the 28th October, 1915:--
A BILL
Short title and con- struction.
Repeal of Ordinance No. 27 of 1912, s. 5,
and substitu- tion of new section.
Constitution of the Court when three permanent judges are not avail- able.
INTITULED
An Ordinance to amend the Full Court Ordi- nance, 1912, and to make further provision for the constitution of the Full Court.
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Comcil thereof, as follows:-
1. This Ordinance may be cited as the Full Court Ordinance, 1915, and shall be read and construed as one with the Full Court Ordinance, 1912, hereinafter called the Principal Ordinance, and 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 Section 5 of the Principal Ordinance is repealed and the following is substituted therefor :-
5. When three judges in the permanent service of the Colony shall not be available the following provisions shall apply
(1.) In all interlocutory appeals, appeals from the 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 consideration, and in all cases where the Full Court does not sit in appellate jurisdiction, the Full Court shall consist of two judges only.
any
(2.) In all matters incidental to application for leave to appeal to His Majesty in Council antecedent to the granting or refus- ing of conditional leave to appeal and other than the actual hearing of the application, and in all matters incidental to any application for leave to appeal to His Majesty in Council sub- sequent to the granting or refusing of conili- tional leave to appeal, 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 consist of only two judges if in the opinion of the judge whose judgment or order is being appealed from, aud in the opinion of the two other judges, the presence of the judge whose judgment or order is being appealed from is
unnecessary.
(4.) The provisions of this section, not- withstanding that three judges in the per- manent service of the Colony shall be available, shall also apply whenever and for such periods as the Governor by notification in the Gazette may direct."
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