Enclosures
A B II, I
C.O.
6733
79
IREC
TRES
To amend the constitution of the Supreme Court of Judicature of the Colony in so far as its Appellate Jurisdiction is concerned, and to effect certain amendments in the Ordinance of the Colony consequent thereon.
Whereas it is expedient to amend the constitution of the Supreme Court of Judicature of the Colony by providing for the appointment of an additional Judge to sit in certain appeal cases and to effect other amendments in the Ordinance of the Colony in relation to the hearing of appeal cases.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
Short title and construction.
1. This Ordinance may be cited as "The Supreme Court Amendment Ordinance 1909" and shall be read and construed as one with The Supreme Court Ordinance 1873.
Court of Appeal constituted.
2.
Constitution of Court of Appeal.
A Court consisting of three Judges is hereby constituted which shall be styled "The Court of Appeal", and shall have such jurisdiction as is hereinafter specified.
3. The Court of Appeal shall consist of the Chief Justice of the Colony and of a Judge of His Britannic Majesty's Supreme Court of China and Korea and of the Puisne Judge of the Colony. The Chief Justice shall preside.
4. The Jurisdiction and powers of the "Full Court" under the Supreme Court Ordinance 1873 shall, subject to the provisions of this Ordinance, continue to vest in the Chief Justice and Puisne Judge sitting together (hereinafter referred to as "the Divisional Court").
5.
Wherever the words "The Full Court" appear in the Code of Civil Procedure the same shall be construed as applying to the "Divisional Court". The words "Full Court" in the Code of Civil Procedure shall be construed to mean "Divisional Court".