ORDINANCE No. 12 of 1873.
Supreme Court (Reconstitution).
1193
Court not to be deemed abolished.
4. Notwithstanding the repeal of Ordinance No. 6 of 1845, the Supreme Court established under that Ordinance shall not be deemed to be abolished, but shall continue to exist as reconstituted by this Ordinance, and shall be as heretofore a Court of Record and the Supreme Court of Judicature of the Colony.
5. Notwithstanding the repeal of Ordinance No. 6 of 1845, the Chief Justice and all persons who at the date of the passing of this Ordinance shall hold any office in the Supreme Court established under Ordinance No. 6 of 1845, shall continue to hold their respective offices in the said Court as re-constituted by this Ordinance as fully as if they had been re-appointed thereunder; and no claims for compensation in respect of abolition of office shall be allowed.
Continuation of offices in Supreme Court.
Seal of the Court.
6. The Supreme Court shall continue to use the same seal as heretofore, that is to say, a seal bearing a device and impression of the Royal Arms, within an exergue or label surrounding the same, with this inscription, "The Seal of the Supreme Court of Hongkong," and all writs and other process issuing out of the said Court shall be sealed therewith.
[No. 6 of 1845, s. 6.]
How far the law of England shall prevail in the Colony.
7. Such of the laws of England as existed when the Colony obtained a local legislature, that is to say, on the 5th day of April, 1843, shall be in force within the Colony, subject to the provisions of Ordinance No. 11 of 1865 and except so far as the said laws shall be inapplicable to the local circumstances of the Colony or of its inhabitants.
[No. 8 of 1845, s. 4, No. 11 of 1865, s. 1.]
How far the English practice of Courts shall prevail.
8. Such portions of the practice of the English Courts as existed on the said 5th day of April, 1843, shall be in force in the Colony, subject to the same exception as to their applicability 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contained in the last preceding section in relation to the laws of England, and except so far as such practice may be repealed or suspended by any Ordinance for the time being in force in the Colony relating to practice and procedure.
[No. 2 of 1846, s. 9, No. 11 of 1865, s. 1.]
Jurisdiction of the Court at Common Law.
9. The Supreme Court shall have the same jurisdiction in the Colony, Hongkong and its dependencies, as Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have in England; and shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and Nisi Prius.
[No. 6 of 1845, s. 4.]
In Equity.
10. The Supreme Court shall be a Court of Equity, with such and the like jurisdiction as the Court of Chancery in England; and shall have
[No. 6 of 1845, s. 14.]