IX
JUSTICE, RECORDS, POLICE AND PRISONS
THE SUPREME COURT
The Supreme Court consisted throughout the year of the Chief Justice and two Puisne Judges. The post of an additional Judge was approved during the year but was not filled. The Supreme Court has jurisdiction similar to that of Her Majesty's Courts of King's Bench, Common Pleas and Exchequer in England, the Judges having the power to hear and determine criminal and civil cases before a jury and to deliver convicts to gaol. The Judges also have jurisdiction in Probate, Divorce, Admiralty and Bankruptcy. It is also a Court of Equity with jurisdiction similar to that of the Court of Chancery in England, and has the same authority as the Lord High Chancellor of England to appoint and control guardians of infants and their estates and keepers of persons of unsound mind who are unable to govern themselves and their estates.
The practice of the English Courts is in force in the Colony, except where, being inapplicable to local circumstances, it has been modified by Hong Kong legislation. The civil procedure of the courts was codified by the Code of Civil Procedure, Ordinance No. 3 of 1901, which modified and in some instances excluded provisions made in the English Rules of Practice. The laws of England as they existed in that country on 5th April 1843 are in force in the Colony except where such laws are inapplicable to local circumstances or have been subject to local legislative modification.
All civil claims above the sum of $5,000 are heard in the Court's Original Jurisdiction as well as all miscellaneous proceedings concerning questions arising on estates, appointments of trustees and company matters. Civil claims from $5 up to and including $5,000 are heard in the Court's Summary Jurisdiction by the Puisne Judges, as well as all matters arising out of distraints for non-payment of rent.
Cases in the Probate, Divorce, Admiralty and Bankruptcy Jurisdictions of the Court are usually heard by the Chief Justice. Indictable offences are first heard before magistrates and are committed
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