1950-HKRS28-8-17_Part02 — Page 45

Authenticated Laws 確真本香港法例 All

FIRST COLUMN.

6. Supreme Court

Ordinance, 1873. (No. 3 of 1873-)

-Contd.

63 & M4 Vict. c.27.

20

SECOND COLUMN,

(r) for providing for the appoint

ment and duties of commis- sioners for oaths, for the revocation of such

appoint-

ments, and matters incidental thereto;

(s) for providing ถ procedure whereby the court may ad- judicate or give an opinion on a special case either in a cause or matter or on the construction of an enactment or instrument or with regard to any title or under any jurisdiction of the court or relating to lunatics, macried women or infants;

() for regulating the business and hours of the court and of the offices connected therewith, for varying periods of vacation, and for providing for the conduct of the business of the court during vacation;

(u) for providing for and regulating all matters which could hereto- fore or which have heretofore been provided for or regulated by or which have been con- tained in the Code of Civil Procedure, 1901.

(2) Rules of court for regulating the procedure and practice (including fees and costs) in the exercise of the Admiralty jurisdiction of the Supreme Court may be made hereunder and shall come into operation upon approval by His Majesty in Council save insofar as such approval may not be necessary under section 7 of the Colonial Courts of Admiralty Act, 1890.

FIRST COLUMN.

6. Supreme Court

Ordinance, 1873. (No. 3 of 1873-)

-Contd.

21

SECOND COLUMN.

(3) The power to make rules of court under this section shall includ power to make rules as to proceedings by or against the Crown,

(4) Rules of court made under this section shall apply to all proceedings by or against the Crown insofar as they expressly purport so to do.

(5) In all cases in respect of which no provision is made by rules of court, the Rules of Practice for the time being in force in the Supreme Court in England shall be deemed to be in force in the court, subject to their applicability and with such modifications as the circumstances may require: Provided that where any subject dealt with in such Rules of Practice is provided for wholly or in part by rules of court made here- under, the English rule shall be deemed not to be in force in the court,

(6) (4) The rules of court shall be made by a rules committee which shall consist of the Chief Justice, the senior puisne judge, the puisne judge, and a practising barrister and practising solici- tor, three of whom shall form a quorum provided that either such barrister or such solicitor shall be present.

(b) The rules committee shall

be convened and shall be dissolved at such times as the Chief Justice shall con- sider necessary, and the practising bar- rister and practising solicitor shall be nominated by him for such periods or such matters and shall be replaced at such time as to him appears expedient,

(c) Nothing herein contained shall prevent the Chief Justice if he shall think fit appointing one or more further

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