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:
THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
[No. 6 of 1845, s. 4.]
[Ibid, s. 14.]
No. 14 of 1850,
VIII. Such Portions of the Practice of the English Courts as How far the existed on the said 5th Day of April, 1843, shall be in force Practice of in the Colony, subject to the same Exception as to their Appli- English Courts
shall prevail. cability as is contained in the last preceding Section in relation to the Laws of England, and except so far as such Practice may be repealed or suspended by any Ordinance for the Time being in force in the Colony relating to Practice and Procedure.
Cominon Law.
IX. The Supreme Court shall have the same Jurisdiction in Jurisdiction of the Colony of Hongkong and its Dependencies, as Her Majesty's the Court at Courts of Queen's Bench, Common Pleas, and Exchequer, law- fully have in England; and shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and Nisi Prius.
[Ibid, s. 15, & X. The Supreme Court shall be a Court of Equity, with such In Equity. see Ord. No. 7 and the like Jurisdiction as the Court of Chancery in England; of 1856. Ord. and shall have and execute all and singular the Powers and s. 1. Ord. No. 3. Authorities of the Lord High Chancellor of England, with full of 1858, 88. 4,5, Liberty to appoint and control Guardians of Infants, and their 6. Ord. No. 3 Estates, and also Keepers of the Persons and Estates of Idiots, of 1861.]
Lunatics, and such as, being of unsound Mind, are unable to govern themselves and their Estates.
[No. G of 1845, s. 5.]
[Ibid, s. 5.]
Court.
XI. From and after the Passing of this Ordinance, the Supreme Re-constitution Court shall consist of, and be holden by and before a Chief of Supreme Justice and a Puisne Judge. Every future Chief Justice and every Puisne Judge shall be appointed from Time to Time by Letters Patent under the Public Seal of the Colony, by the Governor, in accordance with such Instructions as he may receive through one of Her Majesty's Principal Secretaries of State; and the said Judges shall respectively hold their Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as other Officers in the Colony.
the Court to
XII. In Case the Office of either of the said Judges shall low Vacancy become vacant by Death, or otherwise, it shall be lawful for the occasioned by Governor to appoint another fit and proper Person to fill either Death, &c. in of the said Offices until Her Majesty's Pleasure be known; and be filled up. in Case of the temporary Illness or Absence of either of the said Judges, it shall be lawful for the Governor, in his Discretion, to appoint a fit and proper Person to fill the Office of such Judge until he shall resume the Duties thereof: Provided always that until any Appointment be made under this Section, the whole Business of the Court, except the Hearing of Appeals and other Matters required to be heard before the Full Court, shall devolve upon and be transacted by the remaining or continuing Judge.
[Ibid, s. 7.] XIII. No Judge. of the Supreme Court shall be capable of Judges to hold accepting, taking, or performing, any other Office or Place of no other Offer Profit, or Emolument, not authorised by Law, on Pain that the of Profit.
[Ibid, s. 8.]
[Ibid, s. 9]
Acceptance of any such other Office or Place as aforesaid, shall
be and be deemed in Law de facto an Avoidance of his Office
of Judge, and the Salary thereof shall cease, and be deemed to
have ceased accordingly, from the Time of such Acceptance of any such other Office or Place.
by the Quicf
XIV. In all Cases in which by any Law in force within the Acts directed Colony, any judicial or other Act is directed or authorized to be to be performed performed by the Chief Justice, such Act may be performed justice. by the Puisie Judge, and if so performed shall, subject to the Provisions of Section XVIII be as valid to all Intents and Pur- poses as if the saine had been performed by the Chief Justice.
XV. There shall be and belong to the Supreme Court the Officers of the following Officers, that is to say, a Registrar, a Deputy Registrar, Court. a Clerk of the Court, and such and so many Clerks, Interpreters and other Officers, as to the Governor shall, from Time to Time, appear to be necessary for the Administration of Justice, and the due Execution of all the Powers and Authorities which are granted and committed to the Court by this Ordinance.
XVI. The several Superior Officers of the Court, who now are, Officers how or hereafter may be appointed to their Offices by Her Majesty, to hold Office. Her Heirs, and Successors, shall hold their several Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor, in like Mauner as other Officers in the Colony; and all other Officers shall be removable from their several Offices in the said Court by the Governor, upon reasonable Cause.
XVII. The Chief Justice shall regulate the Distribution of Distribution of Business in the Court, and all Suits and other Proceedings what- Business, sever, except Appeals, may in the First. Instance, be heard Powers of before either of the Two Judges sitting alone, unless the Chief Single Judge. Justice shall direct that the sine shall be heard before the Full
Court.
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