any compromise of this mode of proceeding, of the rights or dignit of the Supreme Count it seems sufficient toany that the
course which has been. how extablished in regard to there matters in St thoug hadabread been previousl
Established in alwcostall
1. Stan fglonial Defendence, of the frown.
Shavere
Confere
JUNOS 1846
in 1422 Haughing 324
**
HONGKONG.
ANNO NONO VICTORIE REGINE. No. 2 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet,
B Governor and Commander-in-Chief of the Colony of Hong- kong 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 AMEND THE ORDINANCE No. 6 OF 1845, ENTITLED " AN ORDINANCE TO REPEAL ORDINANCE No. 15 OF 1844, FOR THE ESTABLISHMENT OF A SUPREME COURT OF JUDI- CATURE AT HONGKONG, AND TO SUBSTITUTE OTHER PROVISIONS IN LIEU THEREOF,"
[6th May, 1846.]
Title.
Preamble.
1. WHEREAS it is expedient to amend the said Ordinance No. 6 of 1845, by making provisions for the saving of all Proceed- ings and all Suits formerly depending in the Court of Hongkong, the abolition of which Court is effected by the Second Section of the said Ordinance; as also with reference to the Fourth Section of the said Ordinance, by limiting the operation, in this Colony, of the Laws of England and the practice of the English Courts to such Laws and practice as existed when a local Legislature was first conferred on the said Colony: And whereas also it is deemed advisable to reserve to the Legislative Council of the said Island, the power of revising and approving of the Rules and Orders to he made under the Twenty-third Section of the said Ordinance No. 6 of 1845 before the same shall become binding; and to repeal the Twenty-ninth Section of the said Ordinance, constituting a local Court of Error and Appeal: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong with the advice of the Legislative Council thereof, That from and 29th Section of Ordinance No. 6 of after the passing of this Ordinance, the said Twenty-ninth Section
1845 repealed. of the Ordinance No. 6 of 1845 shall be, and is hereby repeated.
II. And be it further enacted and ordained, That all proceed. Proceedings pend- ings formerly commenced in or adopted under the said former ing in former Court Court of Hongkong, and that all Suits and Matters (if any) which saved. may have been pending at the date of its abolition, may be con- tinued or revived in the said Supreme Court.
Laws of England
III. And be it further enacted and ordained, That from hence- in force on the Fifth forth such of the Laws of England only, and such portion of the day of April, 1843, practice of the English Courts, (subject to the exception of their to be in force in the applicability as contained in the said Fourth Section of Ordinance Colony when appli- No. 6 of 1845,) as existed when the said Colony obtained a local cable. Legislature that is to say, on the Fifth day of April, 1848-shall be of force therein.
to approval of Coun
IV. And be it further enacted and ordained, That no future Rules and Orders Rule or Order of the said Supreme Court, made in pursuance of of Court to be subject the Twenty-third Section of the said Ordinance No. 6 of 1845, cil, and to be pub shall be deemed binding until the same shall be revised and ap- lished. proved of by the Legislative Council of the said Island; and that all such Rules, immediately after such approval, shall be published
in one or more of the Newspapers published within the sai Colony.
Passed the Legislative Council of Hongkong,
this 6th day of May, 1846.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Adolphus & thelle
Clerk of Councils
J. F. DAVIS
Governor, &
FILT
વર્ષ