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Chapter XIII.
JUSTICE AND POLICE.
The Courts of Hong Kong.
THE SUPREME COURT,
There are at present two permanent Judges, a Chief Justice and a Puisne Judge, whilst additional judges for purposes of certain appeals are temporarily appointed as and when required.
The Supreme Court has the same jurisdiction as His Majesty's Courts of King's Bench, Common Pleas and Exchequer lawfully have or had in England and is a Court of Oyer and Terminer and Gaol Delivery, Assize and Nisi Prius, with jurisdiction in Probate, Divorce, Admiralty, Bankruptcy and Criminal matters.
It is also a Court of Equity with such and the like jurisdiction as the Court of Chancery has or had in England, and has and executes the powers and authorities of the Lord High Chancellor of England with full liberty to appoint and control guardians of infants and their estates and also keepers of the persons and estates of idiots, lunatics and such as, being of unsound mind, are unable to govern themselves and their estates.
The practice for the time of the English Courts is in force in the Colony and such of the laws of England as existed on the 5th of April, 1843, are in force in the Colony except so far as the practice and laws are inapplicable to local circumstances and subject to legislative modifications thereto.
All civil claims above the sum of $1,000 are heard in the Court's Original Jurisdiction as well as all miscellaneous proceedings concerning questions arising on estates, appointments of trustees, company matters, etc.
196 actions were instituted in this jurisdiction during the year 1938 as against 172 in 1937.
All civil claims from $5.00 up to and including $1,000 are heard in the Court's Summary Jurisdiction by the Puisne Judge as well as all matters arising from distraints for non-payment of rent.
1,383 actions were instituted during the year as against 1,582 in 1937.
All cases in the Probate, Divorce, Admiralty and Bankruptcy Jurisdictions of the Court are heard by the Chief Justice; Bankruptcy sittings usually taking place once a month.
In its Probate Jurisdiction, 432 grants (180 Probates and 252 Letters of Administration) were made by the Court. 77 grants by other British Courts were sealed, making a total of 509 grants made during the year compared with 402 in 1937.
Six new Petitions for Divorce were filed during the year. Eight decrees were made absolute, including four petitions pending at the end of 1937. Two petitions were pending at the end of 1938.
Only three actions were instituted in the Court's Admiralty Jurisdiction during the year.
Criminal cases are first heard by the Magistrates and committed to the Criminal Sessions which are held once every month and the cases are usually divided between the two judges.