1948-HKRS28-8-15_Part01 — Page 45

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Repeal and replacement

4. Section 20 of the principal Ordinance is hereby amended by the repeal of sub-sections (7), (8) and (9) theroof and their sections 7.8, replacement by the sub-sections hereunder set forth:-

ol sub,

and

of Section 26 a// Ord. No. of the

principal Ordinance,

41 of 1932,

5.117.

e}/ Ord. No.

(7) (1) Upon the bearing of any such appeal whether by way of case stated or otherwise, the Court may reversa or affirm the decision of the Tribunal, or may amend or alter such decision by making any order which the Tribunal would have had power to make in the matter, or way remit the matter to the Tribunal with the opinion of the Court thereon, or may make such star order in relation to the walter, and many make such orders as to custa in or connection with the proceedings before the Tenancy Tribunal and before the Court as may seem fit.

(ii) Upon any appeal by way of case stated, * of 1933, the Court shall have power to cause the case stated to he sent back to the Tribunal for amendment and there- upon the same shall be amended, accordingly.

*// Ord. No. 4 of 1935.

1.tja.

elf 7 Ed.

(8) Upon any such appeal or upon any application for a case stated to be sent back for amendment a record of the proceedings before the Tribunal if compiled in accordance with any rules in relation thereto made under section 30 of this Ordinance for the time being in force, or a certified copy of such record, shall without prejudice to any other method of proof be admissible as grind fucie evidence of the evidence which was given and of the statements which were made before the Tribunul and generally that the proceedings therein recorded took place.

(9) (1) No appeal shall lie from any decision of VII. Cap.23. fact, discretion or law made by the Court unless the *.0(6).

presiding judge certifies that in his opiniou a point of law of such exceptional public importance arises from or &a consequence of his decision that the opinion of the Full Court should be obtained on such point.

pre-

(ii) Application for the certificate of the siding judge shall be made by summons in Chambers.

(iii) Upon the giving of any such certificate by the presiding judge he shall proceed to state a case for the opinion of the Full Court in which he shall set forth such mattera na he shall deem necessary to raise the question for the decision of the Full Court.

(iv) For the purposes of this sub-section the expression presiding judge** shall mean the judge of the Court who heard the proceedings and if such judge is for any reason incapable of acting, then any judge of the Court.

(10) When a case has been stated under the pro- visions of sub-section (5) of section 28, appeal shall

5.

not lie to the Court but shall lie to the Full Court in like manner as if it were an appeal from a decision of the Court save that it shall be unnecessary to obtain any such certificate as provided for in sub-section (8) of this section.

(11) Upon any appeal to the Full Court by way of cose stated or otherwise, the Full Court shall Lave mutatis mutandia the powers given to the Court by this section.

(12) Paragraph (ii) of sub-section (7) and sub- section (8) of this section shall alan apply upon any appeal to the Full Court, or upva any appliention therein for a case stated to be sent back for an amendment, with such modifications as are necessary owing to the appel- late body being the Full Court in lieu of the Court and awing to the appeal being from a decision of the Court in lieu of from a decision of the Tribunal.

The following sub-section shall be mubstituted for sub- Repeal and section (1) of section 28 of the principal Ordinanco :-

replacement of sub- section (1) of

(1) (a) The following shall exercise all the functions secting as of a Tenancy Tribunal for the purposes of this Ordinance when of the authorised by the Chief Justice or his delegate z

principal

Panel:

- прочельнико

(1) Any three members of the Tenancy Tribunal

(ii) Any magistrate;

(iii) Any person who by reason of possessing judicial, magisterial or legal or other similar qualifications or experience is deesued by the Chief Justice to be competent to sit alone as a Tenancy Tribunal.

(b) A Tenancy Tribuna! shall sit in such place as the Chief Justice or his delegate may direct ".

Passed the Legislative Council of Hong Kong, this 12th day of May, 1948.

Alarturing Work

Deputy Clerk of Councila.

Ordiaunce.