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(8) In addition to any powers and duties which he is by this or any other enactment enabled to exercise or required to perfortu the Registrar may exercise such powers and perform such duties, being powers or duties which in England are exercised and discharged by Masters, Registrars or the like officers of the Supreme Court of Judicature but which in Hong Kong are now or may hereafter be exercisable only by & Court or judge as-
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(d) are conferred or imposed on him by rules made by the Chief Justine with the approval of Legislative Council; or
(b) are in any particular case, conferred or imposed on him by order of the Court or of a judge.
(4) The powers and duties of the Registrar shall include such powers and duties as are for the time being assigned to the King's Remembrancer in England, and the Registry of the Supreme Court shall be deemed to be the office or department of the King's Remembrancer in the Colony.
(6) Whenever jurisdiction is exercised by a Registrar by virtue of rúles made under paragraph" (a) of sub-section (3) the Registrar may refer to a judge any matter which appears to him proper for the decision of a judge and the judge may either dispose of the matter or refer the same back to the Registrar with much directions ng he may think fit.
(6) Any person affected by any order or decision of the Registrar made pursuant to jurisdiction conferred by rules under paragraph (2) of sub-section 03) may appeal therefrom to a judge at chambers. Such appeal shall be by notice in writing to attend before the judge without a fresh summons, within five days after the decision complained of or such further time as may be allowed by a judge or the Registrar. Unless otherwise ordered there shall be at least one clear day between service of the notice of the appeal and the day of hearing. An appeal from the decision of the Registrar shall be no stay of proceedings unless so ordered by a judge or the Registrar.
(7) The provisions of sub-sections (5) and (6) shall also apply mutatis mutandis to the exercise of any powers or the discharge of any duties by the Registrar pursuant to paragraph (b) of sub-section (3) save that in such case reference shall be made and appeal shall lie to the Court or the judge conferring or imposing such power or duty or, in the event of such lastly mentioned judge being absent or unable from any cause to act, then to such judge as the Chief Justice may designate to act in his place.
(8) It is hereby declared that the fact that any powers or duties exercisable by a Court or judge are conferred or imposed upon the Registrar under paragraph (b) of sub-section (3) or are by reason of any rules made under paragraph (n) of sub-section (3) exercisable by or to be discharged by the Registrar shall not be construed to preclude the Court or a judge as the case may be from exercising any power or discharging any duty which such Court or judge could have exercised or discharged if sub-section (3) of this section had not been enacted.
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3. Section 685 of the Code of Civil Procedure is hereby Repeal of repealed.
Passed the Legislative Council of Hong Kong, this 25th day of May, 1940,
Almhais Word
Deputy Clerk of Councils.
section 685 of Ordinance No. 3 of
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