ORDINANCE No. 15 OF 1844 . 53
Supreme Court.
No. 15 of 1844.
An Ordinance to establish a Supreme Court of Judicature at Hongkong. Title.
[ 21st August, 1844. ]
1. Be it enacted and ordained by the Governor of Hongkong, with the advice of Former Court at
Hongkong
the Legislative Council thereof, that from and after the passing of this Ordinance, the abolished.
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 A Supreme Court
of record to be
Colony of Hongkong a Court, which shall be called " The Supreme Court of Hongkong ," instituted
therein.
and that the said Supreme Court of Hongkong shall be a Court of Record.
3. And be it further enacted and ordained, that the law of England shall be in How far the law
of England to
full force in the said Colony of Hongkong, except where the same shall be inapplicable prevail.
to the local circumstances ofthe 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.
4. And be it further enacted and ordained, that the said Supreme Court of Constitution of
Court.
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 Seal ofthe Court.
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