FRIDAY, JUNE 12, 1987
IN 1984 A SUB-COMMITTEE OF THE SUPREME COURT RULES COMMITTEE,
SOLICITORS AND CROWN COUNSEL, COMPRISING A JUDGE, BARRISTERS,
WAS
UNDER ESTABLISHED
THE CHAIRMANSHIP OF MR JUSTICE KEMPSTER TO UNDERTAKE A THOROUGH REVIEW OF THE SUPREME COURT ORDINANCE.
NUMBER THE SUB-COMMITTEE MADE A
OF RECOMMENDATIONS MOST OF CONTAINED IN THIS WHICH HAVE BEEN ADOPTED BY THE GOVERNMENT AND ARE
CIVIL COURT'S
JURISDICTION BILL. THESE PROPOSALS RELATE ONLY TO THE AND NOT TO ITS PRACTICE AND PROCEDURE IN CRIMINAL CASES.
SOME OF THE CHANGES MADE BY THE BILL ARE AS FOLLOWS:
*
CLAUSE THREE SUPREME COURT HONGKONG",
CHANGES
OF
THE NAME OF THE COURT
"THE FROM JUDICATURE" TO "THE SUPREME COURT OF
CLAUSE 18 INTRODUCES A NUMBER OF NEW SECTIONS. SECTIONS 21F, 21G AND 21H CODIFY THE RULES RELATING TO THE COURT'S POWER TO GRANT RELIEF FROM FORFEITURE OF A LEASE WHEN THE TENANT HAS FAILED TO PAY RENT DUE.
EXTEND THE THE EXERCISE TWO JUSTICES ONLY
CLAUSE 27 INSERTS A NEW SECTION 34B TO CIRCUMSTANCES IN WHICH THE COURT OF APPEAL IN OF ITS CIVIL JURISDICTION MAY CONSIST OF ONLY OF APPEAL, AT PRESENT IT MAY CONSIST OF TWO JUSTICES FOR HEARING APPEALS AGAINST INTERLOCUTORY
ORDERS
OR
JUDGMENTS.
CLAUSE 29 PROVIDES THAT DEPUTY REGISTRARS AND ASSISTANT REGISTRARS OF THE SUPREME COURT MAY BE CALLED MASTERS. IS IN LINE WITH THE TITLE GIVEN TO SUCH OFFICERS THROUGHOUT THE COMMONWEALTH.
THIS
* CLAUSE 36 ABOLISHES ALL WRITS OTHER
THE SCHEDULE.
THAN
THOSE LISTED IN
PROVIDES THAT
CLAUSE 37 SUBSTITUTES A NEW SECTION 48 WHICH INTEREST MAY BE INCLUDED IN ANY JUDGMENT NOT ONLY IN RESPECT OF THE DEBT OR DAMAGES FOR WHICH JUDGMENT IS GIVEN BUT ALSO UP ΤΟ THE IN RESPECT OF ANY SUM PAID BEFORE THE JUDGMENT, DATE OF PAYMENT. THE AWARD OF INTEREST IS MADE SUBJECT TO RULES OF COURT.
ONE PROPOSAL OF THE
SUB-COMMITTEE,
THAT
+
THERE SHOULD BE A AGAINST THE CROWN
AND ARGUMENTS FOR
ΤΟ BE
POWER IN THE COURT TO GRANT INTERIM DECLARATIONS
THE IS TO BE FURTHER STUDIED BY
ADMINISTRATION,
IN A DISCUSSION PAPER AGAINST THE PROPOSAL WILL BE SET OUT
SHORTLY AND CIRCULATED TO INTERESTED PARTIES FOR THEIR
ISSUED COMMENTS.
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