Chapter 13: Law and Order
The Courts of the Colony consist of the Supreme Court, the District Courts, the Magistrates' Courts, and the Tenancy Tribunals.
The Supreme Court consisted throughout the year of the Chief Justice, one Senior Puisne Judge, and two Puisne Judges. The Supreme Court has jurisdiction similar to that of Her Majesty's Courts of Queen'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 circum- stances, it has been modified by Hong Kong legislation. The civil procedure of the courts was codified by the Code of Civil Procedure, which modified, and in some instances excluded, provisions made in the English Rules of Practice. A statement on the laws of Hong Kong will be found in the Administration Chapter.
All civil claims above $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.
Cases in the Probate, Divorce, Admiralty and Bank- ruptcy Jurisdictions of the Court are usually heard by the Chief Justice. Indictable offences are first heard before magistrates and are committed to the criminal sessions, which are held once a month.
A right of appeal exists in all these cases. Appeals are heard by a Full Court, consisting of two or more judges. Under the Magistrates Ordinance, any person aggrieved may appeal to a judge from the decision of a magistrate. This form