2200
No. 27 of 1912.
Provision
appeals and motions.
FULL COURT.
(1) In all cases coming on for consideration, and in all cases where the Full Court does not sit in appellate jurisdiction, the Full Court shall consist of two judges only.
(2) In all applications for leave to appeal to His Majesty in Council and in all matters incidental thereto, the Full Court may consist either of two or of three judges.
(3) In all other cases the Full Court shall consist of three judges, one of whom shall be the Judge of His Britannic Majesty's Supreme Court for China (if the Principal Secretary of State for Foreign Affairs has consented to such appointment) or a barrister of not less than seven years standing temporarily appointed by the Governor from time to time for the purposes of this Ordinance: Provided that in any case falling within the provisions of this sub-section the Full Court may consist of only two judges if in the opinion of the judge whose judgment or order is being appealed from, and in the opinion of the two other judges, the presence of the judge whose judgment or order is being appealed from is unnecessary.
(4) The provisions of this section, notwithstanding that three judges in the permanent service of the Colony shall be available, shall also apply whenever and for such periods as the Governor by notification in the Gazette may direct.
5A. All appeals and all motions for a new trial or to set aside a verdict, finding or judgment, which have been brought or made before the date of the coming into operation of this Ordinance and which have not been heard and determined before that date, may be continued before and heard and determined by the Full Court as constituted by this Ordinance in all respects as if such appeals and motions had been brought or made since the date of the coming into operation of this Ordinance.
[ss. 6, 7, and Schedule, rep. No. 43 of 1912.]
No. 28 of 1912, incorporated in No. 5 of 1865.