1953-HKRS28-8-20_Part04 — Page 1

prohibition

and

certiorari. 1 & 2 Geo.

6. c. 61. 8. 7.

(Cap. 4).

Power to

make order

of

mandamus

to

magistrate.

1 & 2 Geo.

8. c. 83,

1.8.

(Cap. 227).

1

Abolition

of in- formations in the

nature

of qua warranto,

1 & 2 Geo.

6, 0. 63,

8, 9,

Supreme Court for any purpose, the Court may make an order requiring the act to be done, or prohibiting or removing the pro- ceedings or matter, as the case may be.

(3) The said orders shall be called respectively an order of mandamus, an order of prohibition and an order of certiorari.

(4) Applications for the said orders shall be heard and determined by one or more judges of the Supreme Court as the Chief Justice may direct in accordance with section 27 of the Supreme Court Ordinance.

(5) No return shall be made to any such order and no pleadings in prohibition shall be allowed, but the order shall be final, subject to any right of appeal therefrom.

(6) In any enactment references to any writ of mandamuS, prohibition or certiorari shall be construed as references to the corresponding order and references to the issue or award of any such writ shall be construed as references to the making of the corresponding order.

11

3. The power of the Supreme Court under the Magistrates Ordinance to require the magistrate to state a case for the opinion

of the Court shall be exercisable by order of mandamus.

(1) Informations in the nature of quo warranto are hereby

abolished.

(2) In any case where any person acts in an office in which he is not entitled to act and an information in the nature of quo warranto would, but for the provisions of subsection (1), have lain against him, the Supreme Court may grant an injunction restraining him from so acting and may, if the case so requires, declare the office to be vacant.

(3) No proceedings for an injunction under this section shall be taken by a person who would not immediately before the com- mencement of this Ordinance have been entitled to apply for an information in the nature of quo warranto.

5.

Rules of Court may be made under section 37 of the Rules to be Supreme Court Ordinance-

made under Jection 37 of Cup. 4. (a) prescribing the procedure in cases where an order of 1 & 2 Geo.

mandamus, prohibition or certiorari is sought, or pro- 5, 6, 83, ceedings are taken for an injunction under section 47

(b) requiring, except in such cases as may be specified in the rules, that leave shall be obtained before an applica- tion is made for any such order or before any such proceedings are commenced;

(c) requiring that, where leave is so obtained, no relief shall be granted and no ground relied upon, except with the leave of the Court, other than the relief and grounds specified when the application for leave was made.

Passed the Legislative Council of Hong Kong, this 4th day of November, 1953-

Deputy Clerk of Councils.

. 10.

(Cap. 4).