That Separate copies of the other Ordinances lo which I have referred
re
cannot now be obtained but they will be found in the
00000
Edition
of the Mongtong Ordinances compiled in pursuance
ct. 7 of 1864.
I have
of Ordinance.
(Signed) Julian. Thuncefate. Attorney General.
(Tune loopy)
Solonial Secretary.
#
HONGKONG.
ANNO NONO VICTORIA 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.
I. 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 be 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 after the passing of this Ordinance, the said Twenty-ninth Section Ordinance No. 6 of the Ordinance No. 6 of 1845 shall be, and is hereby repealed.
of 1845 repealed.
II. And be it further enacted and ordained, That all proceed- Proceedings ings formerly commenced in or adopted under the said former pending in for- Court of Hongkong, and that all Suits and Matters (if any) which mer Court saved. may have been pending at the date of its abolition, may be con- tinued or revived in the said Supreme Court.
land in force on
III. And be it further enacted and ordained, That from hence- Laws of Eng- forth such of the Laws of England only, and such portion of the the Fifth day of practice of the English Courts, (subject to the exception of their April, 1843, to applicability as contained in the said Fourth Section of Ordinance be in force in the No. 6 of 1845,) as existed when the said Colony obtained a local Colony when up- Legislature that is to say, on the Fifth day of Ápril, 1848-shall plicable.
be of force therein...
IV. And be it further enacted and ordained, That no future Rule or Order of the said Supreme Court, made in pursuance of the Twenty-third Section of the said Ordinance No. 6 of 1845, shall be deemed binding until the same shall be revised and ap- 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 said Colony.
J. F. DAVIS, Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 6th day of May, 1846.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Ju 1274.
7