(Cap. 4).
Establish-
ANMALI.
"cause" bas the meaning attributed to it by section 2 of the
Supreme Court Ordinance;
"defendant" includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;
**functions" includes powers and duties;
"matter" has the meaning attributed to it by section a of the
Supreme Court Ordinance;
"party" includes every person served with notice of or attending
any proceeding, although not named in the record; "plaintiff" includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, sumawns or otherwise.
3.
PART II
THE DISTRICT COURT.
(1) A court, to be known as the District Court of Hong ment of the Kong, is hereby established.
District
Court of
Hai Kona and
(2) The court shall be a court of record and shall have such civil and criminal jurisdiction as is conferred upon it by this jurisdiction Ordinance.
general
thereof.
Con-
stitution
of the District
Court.
Qualifica-
tions for appoint-
ment as a District Judge.
4. (1) The court shall be constituted of two or more judges, to be known as District Judges.
(2) District Judges shall be appointed by the Governor by instrument under the Public Seal.
5. (1) No person shall be appointed to be a District Judge under section 4 unless-
(a) he is qualified to practise as an advocate in a court in England, Scotland, Northern Ireland or some other part of the Commonwealth or the Republic of Ireland having unlimited civil or criminal jurisdiction in that country: and
(b) he has
(i) practised as an advocate or solicitor in such a court
for not less than five years; or
(ii) been a member of the Colonial Legal Service for not
Jess than five years.
3
(2) For the purpose of calculating such period of five years, periods of less than five years falling within paragraph (b) of subsection (1) may be combined.
6. (1) Every proceeding in the court and all business arising Proceed- thereout shall be heard and disposed of by a District Judge sitting ings to be
disposed of by a Judgo
alone.
(2) All proceedings in an action subsequent to the hearing sitting or trial, down to and including the final judgment or order, shall, stone, so far as is practicable and convenient, be taken before the judge before whom the trial or hearing took place.
(3) A District Judge may, subject to any rules or directions made or given under this Ordinance, exercise in count or in chambers all or any part of the jurisdiction vested in the court.
make
T. (0) Where the office of a District Judge is vacant by Power to death or otherwise, the Governor may appoint a fit and proper temporary person to fill such office until such time as a definitive appointment appoint-
be made.
(2) In case of the temporary illness or absence of a District Judge, the Governor may appoint a fit and proper person to fill the office until such District Judge resumes the duties thereof,
(3) If in any other case the Governor considers it desirable so to do, he may appoint lit and proper persons to be temporary additional District Judges, and may terminate any such appoint- ment as and when he considers it desirable.
(4) A judge temporarily appointed under this section shall be appointed by instrument under the Public Seal and shall have and may discharge all the functions given to a District Judge by this Ordinance and by any other enactment,
mentu.
8. (1) Subject to any rules made under this Ordinance, the Distribu- Chief Justice may give such directions as he thinks fit touching the distribution and disposal of the business of the court.
(2) Subject to any such rules or directions and to the provi- sions of subsection (3), a District Judge shall sit for the disposal of business pending in the court at such places and times as he may think fil
(3) Any proceedings may at any time and at any stage thereof, and either with or without application from any of the parties thereto, be transferred in such manner as any such direc- tions, or the District Court Civil Procedure Rules or the District Court Criminal Procedure Rules, may direct, from one judge to another.
tion and Uspore] of business of the
court.
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