1953-HKRS28-8-20_Part01 — Page 4

5

Seal of

the court

Officers of the court,

(Cap. 4). (Cap. 8).

Practi- tioners. and right

9. The District Court shall have a seal of a design (which shall incorporate a device and impression of the Royal Arms) approved by the Chief Justice, and all writs, judgments, orders and other process issuing out of the court shall be sealed therewith.

10. (1) The Governor may appoint a registrar of the District Court and such number of deputy registrars, hailiffs, clerks of the court, clerks, interpreters and other officers as he may think fit.

(2) Until such time as appointments are made under the provisions of subsection (1), the registrar, deputy registrars, bailiffs, clerks of the court, clerks, interpreters and other officers of the Supreme Court shall, in relation to the business and pro- ceedings of the District Court, have and discharge functions similar to those vested in them respectively by or under the Supreme Court Ordinance and by or under the Supreme Court (Summary Jurisdiction) Ordinance immediately before the com- mencement of this Ordinance.

(3) In the discharge of his functions under this Ordinance, any person to whom this section applics shall be subject to the same liabilities and penalties and have the benefit of the same protection as attach by virtue of the provisions of the Supreme Court Ordinance to a person discharging similar functions under that Ordinance or under the Supreme Court (Summary Jurisdic- tion) Ordinance immediately before the commencement of this Ordinance.

11. (1) Barristers and solicitors qualified to practise in the Supreme Court may practise as barristers and solicitors respec-

of audience. tively in the District Court, and barristers and solicitors so qualified shall have a right of audience in both civil and criminal proceedings.

(3) In criminal proceedings in the court, any public officer or member of a class of public officers appointed by the Attorney General to act as public prosecutor, may conduct generally on behalf of the Attorney General any prosecution or specified class of prosecutions or any particular case before the District Court, and any public prosecutor so appointed may without any written authority appear before a District Judge upon any proceedings in any case of which he has charge.

12. No proceedings in error shall be taken upon any pro- Prohibi- ceeding under the provisions of this Ordinance.

tion of proceed- Shes in error.

13. The Ordinances referred to in the first colunin of the Con-

sequential Fourth Schedule are hereby amended to the extent and in the amend- manner set out in the second column of the said Schedule.

PART III.

CIVIL JURISDICTION.

ments.

Fourth Schedule.

14. Subject to the provisions of this Ordinance, the District Civil

jurisdic- Court shall have the civil jurisdiction specified in the First tion.

First Schedule.

Schedule.

15. (1) In any civil proceedings, the court may call to its aid Assessors

in civil not more than two assessors specially qualified, and may dispose proceed-

ings. of such proceedings wholly or in part with the aid of such assessor or assessors, but the decision of the District Judge shall be the decision of the court.

(2) The court may determine the remuneration (if any) to be paid to an assessor in respect of his services.

and

16. (0) Subject to the provisions of this Ordinance and of Procedure the District Court Civil Procedure Rules, the procedure and practice practice of the Supreme Court in the exercise of its summary

in civil proceed- jurisdiction which was in force immediately before the commence- ings. ment of this Ordinance shall be the procedure and practice of the District Court.

(2) Nothing in this section shall be deemed to authorize trial by jury in any civil proceedings in the District Court.

17, (0) Where an action or matter commenced in the District Trapafer

to the Court involves matter beyond the jurisdiction of that court, any Supreme

Court. defendant may, within such time as may be prescribed by the District Court Civil Procedure Rules, give notice to the District Court that he objects to the action being tried in that court, and where such notice is given, a District Judge shall order that the action be transferred to the Supreme Court,