In 217 Whong
QUI.
DROIT
343. 8
125
BY
HONGKONG.
ANNO
OCTAVO
VICTORIÆ REGINÆ.
No. 15 of 1844.
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor and Commander in Chief of the Colony of Hongkong, and its Dependencies, 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 TO ESTABLISH A SUPREME COURT OF JUDICATURE AT HONGKONG,
[21st day of August, 1844.]
Title.
Former Court at
1.--Be it enacted and ordained by The Governor of Hongkong, with the advice of the Legislative Council thereof, that from and after the passing of this Ordinance, the Court at Hongkong with Criminal and Admiralty Jurisdiction, which has hitherto been holden by the Chief Superintendent, shall be, and it is hereby abolished.
2. And be it further enacted and ordained, That there shall be within and for the Colony of Hongkong a Court, which shall be called "The Supreme Court of Hongkong," and that the said Supreme Court of Hongkong shall be a Court of Record.
A Supreme Court
of Record to be instituted therein.
44
How far the Law
3--And be it further enacted and ordained, That the Law of England shall be in full force in the said Colony of Hongkong, except where the same shall be inapplicable to the local circumstances of the said Colony, or of its inhabitants; Provided nevertheless, that in all matters and questions touching the right or title to any real property in the said Colony, the Law of England shall prevail, and that no Law shall be recognized in the said Colony, which shall in any way derogate from the Sovereignty of the Queen of England: Provided also, that in all matters relating to the practice and proceedings of the said Supreme Court, and not hereinafter provided for by this Ordinance, the practice of the English Courts shall be in force, until otherwise ordered by any Rule of the said Court: Provided also, that in all criminal proceedings arising or being within the jurisdiction of the said Court, where the party or parties proceeded against shall be of Chinese origin or extraction, then, and in every such case, it shall be lawful for the said Court, in its discretion, to punish the offender or offenders according to the laws of China.
Constitution
of
4. And be it further enacted and ordained, That the said Supreme Court of Hongkong shall consist of, and be holden by, and before, a Judge to be called the Chief Justice of the Supreme Court of Hongkong and its Dependencies, and to be appointed by Letters Patent under the Public Seal of the Colony from time to time by The Governor of Hongkong, in accordance with such instructions as he may receive from Her Majesty, Her Heirs and Successors; and such Chief Justice shall hold his Office during the pleasure of Her said Majesty, subject to suspension by The Governor, in like manner as other Officers in the said Colony: Provided that in case the said Office of Chief Justice shall become vacant by death or otherwise, it shall be lawful for The Governor to appoint another fit and proper Person to fill the said Office of Chief Justice, until her said Majesty's pleasure be known.
5--And be it further enacted and ordained, That the said Supreme Court of Hongkong shall have and use, as occasion may require, 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 Court shall be sealed therewith; Provided that, until such Seal can be procured, such writs and process shall be valid if signed by the Registrar.
Seal of the Court,