The Hongkong Government Gazette,
MARCH 6, 1858.
"Justice" to include
to include "Crown."
dent."
Application may be
HONGKONG.
ANNO VIGESIMO PRIMO VICTORIE REGINE.
No. of 1858.
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for Appeals to the Supreme Court.
[
February, 1858.] Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:--
I. The word "Justice" in this Ordinance shall include every Court of Summary Jurisdiction, and "Court,” and “ Party", whether of primary Jurisdiction or appellate, except the Supreme Court; and the word "Party," shall Meaning of Appel- include the Crown; and the word "Appellant" shall mean the party applying under Section Two of this lant" and " Respon- Ordinance; and the word "Respondent" shall mean the opposite party.
11. Within Three clear Days after the determination by a Justice of any Suit, Information, or Com- made within Three plaint, which he hath or shall have power to determine in a summary way, cither party to the matter so Days to state a Case; determined may apply in writing to the said Justice, to state and sign a case setting forth the facts of the said matter, and the grounds of the said determination, for the opinion of the Supreme Court thereon; and must be granted, which application the said Justice is hereby required to grant, unless he have reason to believe that the except it be frivolous. same is merely frivolous, (in which case only he may refuse the same,) and shall thereupon, upon receiving from the said Appellant the Fee of One Dollar, sign and deliver unto him a Certificate of such refusal ; yet so as that, if any such application be made by the Attorney General, or under his fiat, the Justice to whom the same is made shall be bound to grant the same, whatever may be his belief in that behalf.
Recognisance
Appeal
Fees payable.
of
Further condition in
Custody,
III. On the said Application being granted, and before the said Case being stated and delivered by the said Justice, the Appellant shall enter into a Recognisance before him, or any other Justice exercising the same jurisdiction, with or without Sureties, and in what Sum to the said Justice shall seem meet, conditioned to prosecute his Appeal in that behalf, without delay and with effect, and to submit to the judgment of the said Supreme Court, and pay such Costs as may be awarded by the same; and the said Appellant shall likewise, before the delivering of the said Case, pay, in respect of the said Recognisance and Case respectively, to the Clerk taking the said Recognisance and delivering the said Case respectively, the Crown Fees according to the Scale following, that is to say :-
For the said Recognisance, $2.
For drawing and copying the Case, if not exceeding Five Folios of Seventy-two Words each, $3. If the Case exceeds the said Five Folios, then for every additional Folio, $0.30.
IV. If the Appellant be in Custody at the time of the taking of the said Recognisance, the same ease Appellant is in shall be further conditioned for his appearance before the said Justice, or (if that be unsuitable) before some other Justice, who shall be sitting and exercising the same Jurisdiction, within Ten Days after the judgment shall have been given by the Supreme Court on the said Appeal, to abide the said judgment, unless thereby the determination so appealed against shall happen to have been reversed: And every such Appellant, upon entering into a Recognisance so further conditioned as aforesaid, shall be immediately liberated from such Custody.
If the Justice re- V. In case of the refusal of a Justice to state or deliver a Case under this Ordinance, the Appellant fuses, the Supreme may, upon an Affidavit of the facts, apply to the Supreme Court for a Rule calling upon the said Justice, and Court ny Rule a also upon the Respondent, to show cause why the said Case should not be stated or delivered; which Rule
Case to be sinted so.
Custs.
Cases to be trans-
(if granted) may afterwards be made absolute or discharged by the said Court, with or without payment of Costs by the said Justice or either Party, as the circumstances shall require; and if the sanie be made absolute, the said Justice shall, upon being served therewith, and upon the Conditions specified in Sections Three and Four respectively being complied with, state and deliver a Case accordingly.
VI. Within Three clear Days after a Case has been delivered to an Appellant under this Ordinance, mitted, &c., within he shall first transmit a Copy thereof with a Notice in Writing of his Appeal to the Respondent, and shall Three Days; and set thereupon transmit the said Case to the Supreme Court, and the Case when so transmitted shall be set down down Four clear Days for argument in Court or in Chambers, by the Registrar of the said Court, at the request of either party, Four clear Days before the day appointed for the said argument; yet so as that Notice in Writing of the same having been so set down be given by the party so requesting, to the opposite party, Four clear Days before the day so appointed.
before argument,
Orders of the Court shall be paid.
Costa.
Determinations after
VII. The Supreme Court shall hear and determine every question of Law or Fact, arising upon a Case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said Case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said Case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court, and shall postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such Orders with respect to Costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a Case under this Ordinance, shall be liable to Costs for or by reason of the same, or of the determination in respect whercof the same shall have been stated.
VIII The Laws relating to the enforcement by Justices or others, of determinations of Justices not Appeal may be on appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforce- ment of determinations affirmed, or amended, or made, under this Ordinance, and also to the judgments of the said Supreme Court, upon any Appeals under the same; and all Justices shall be bound to conform them- selves in the premises to the directions, opinions, and judgments of the said Court.
forced.
IX. No Certiorari, Mandamus, or other Writ, shall be requisite for carrying into effect this
Certiorari not re- Ordinance. quired.
Forfeited Recogni-
sance.
General Rules and
Court.
X. The Laws for the time being in force, with respect to the proceeding upon Recognisances forfeited before Justices or at Sessions, shall extend to all Recognisances which shall be taken under this Ordinance, and any of the Conditions whereof shall not have been complied with; yet so as that, upon every such Recog- nisance there shall be endorsed the Certificate of a Justice, stating in what respect the said Conditions have not been complied with, which Certificate shall be deemed to be primá facie evidence of the forfeiture of the said Recognisance.
XI. The Supreme Court shall have power (with consent of the Legislative Council) to make and Orders of the Supreme alter from time to time any General Rules and Orders of Court, for the better regulation of the practice and proceedings under this Ordinance, and subject thereto and to this Ordinance the said practice and pro- ceedings shall be regulated, so far as practicable, by analogy to the practice and proceedings for the time being observed in the superior Courts of Law at Westminster, with respect to Appeals under the Act of Parliament of the Twenty-first Year of the Queen, Chapter Forty-three.
21 Vict. c. 43.