96
THE HONGKONG GOVERNMENT GAZETTE, 29тu MARCH, 1862.
Suspending Clause.
XIV. This Ordinance shall not come into operation until Proclamation be made to that effect by command of His Excellency the Governor, and published in the Hongkong Government Gazette.
Passed the Legislative Council of Hongkong, this 22nd Day of March, 1862.
L. D'ALMADA E CASTRO,
Clerk of Councils.
Title.
I'reamble.
Ordinances No. 9 of
HONGKONG.
ANNO VICESIMO QUINTO VICTORIÆ REGINÆ.
No. 7 of 1862.
By His Excellency Sir HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
HERCULES G. R. ROBINSON.
An Ordinance to establish a Court of Summary Jurisdiction, and to authorize the appointment of a Judge thereof.
[22nd March, 1862.]
Whereas the Business of the Supreme Court of Hongkong has of late greatly increased, and it is necessary to relieve the Chief Justice from some of his Judicial, Duties, and otherwise to afford to him aid in the Administration of Justice: And whereas the Business of the Police Courts has also greatly increased, and it is desirable to relieve such Courts of all Proceedings of a Civil nature: And whereas for the Purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the Court of Summary Jurisdiction: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854, and No. 10 of 1857
1845, No. 3 of 1849, are hereby repealed.
No. 5 of 1854 and No. 10 of 1857, repealed.
Court of Summary Jurisdiction constitut-
ed.
Summary Jurisdic- tion of Supreme Court transferred.
Civil Jurisdiction of
II. A Court, for the Trial and Decision of Causes in a Summary Manner by the Judge thereof, shall be and is hereby constituted, which Court shall be called the Court of Summary Jurisdiction, and the said Court shall be a Court of Record.
III. The Jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease and determine, and the same is liereby transferred to the said Court of Summary Jurisdiction hereby constituted.
IV. The Jurisdiction of the Chief Magistrate and Assistant Magistrate, or of any Magistrates transfer- Police Magistrate and of Justices of the Peace, of a Civil Nature, shall cease and deter- mine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby constituted.
red.
Judge of Court of
to be appointed.
V. The said Court of Summary Jurisdiction shall be holden by and before a Judge Summary Jurisdiction thereof, to be called the Judge of the Court of Summary Jurisdiction of Hongkong, who shall be a Barrister-at-Law in England or Ireland or an Advocate in Scotland of not less than Five Years standing: Provided that, in case of the Death, temporary Illness, or Absence of the said Judge, it shall be lawful for the Governor to appoint any fit and proper Person temporarily to discharge the duties of the said Office.
Seal of Court.
Jurisdiction of Judge.
VI. The said Court of Summary Jurisdiction shall have and use, as occasion may require, a Seal bearing a Device and Impression of the Royal Arms with the Inscription: Court of Summary Jurisdiction. Hongkong.and every Summons and other Process issued thereout, shall be stamped with such Seal.
VII. The Judge of the Court of Summary Jurisdiction shall have full Power and Authority to hear and determine in a Summary Way, and without the Intervention of a Jury, all Disputes and Differences between Party and Party touching any Matter of Debt, Breach of Covenant or Contract or Promise, Injury to the Person or Property, or other Matter: Provided that, in all cases respectively, the Debt or Damages or Ba lance sought to be recovered shall not exceed the Sum of Five Hundred Dollars, and that the Matter in question shall not relate to the Title to any Lands, Tenements, or Hereditaments, nor to the taking of any Duty payable to Her Majesty, nor to any Fee