1958-HKRS28-8-25_Part02 — Page 10

Amendment

of section

2. Section 4 of the District Court Ordinance, 1953 (herein- after referred to as the principal Ordinance) is amended by the (1 of 1953). addition, after subsection (2), of the following new subsection-

4.

Repeal and replace

mit of

section 10.

"(3) Any appointment made under the provisions of subsection (2) may be given effect from a date anterior to that of the instrument by which it is made :

Provided that nothing herein shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the instrument or before the requirements of section 2 of the Promissory Oaths Ordinance have been fulfilled.".

3. Section 10 of the principal Ordinance is repealed and replaced by the following-

"Officer of the Court.

(Cap. 4).

10. (1) The Governor may appoint a registrar of the District Court and such number of deputy registrars and bailiffs as he may think ft; and there may be attached to such court such number of clerks of the court, clerks, interpreters and other officers as the Governor may consider necessary.

(2) In addition to any powers and duties which he is by this or any other enactment egabled to exercise or required to discharge, a registrar, and every deputy registrar, bailiff, clerk of the court, clerk, interpreter and other officer appointed or attached to the District Court under the provisions of subsection (1) may exercise and discharge the like powers and duties, in so far as the same are applicable to the business und proceedings of such Court, as those respectively exercised and discharged by a registrar, deputy registrar, bailiff, derk of the court, clerk, interpreter or other officer attached to the Supreme Court under subsection (1) of section 17 of the Supreme Court Ordinance.

(3) Any act which under this or any other enact- ment is required or authorized to be done by a registrar appointed to the District Court under subsection (1) may be performed by a deputy registrar of that Court or by any officer appointed under the style of Deputy Registrar General by virtue of section 3 of the (Cap. 100). Registrar General (Establishment) Ordinance; and

(Cap. 5).

any process of the court may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff.

(4) It shall be lawful, in relation to the business and proceedings of the District Court, for the Registrar and every deputy registrar and bailiff attached to the Supreme Court under subsection (1) of section 17 of the Supreme Court Ordinance to exercise any power or discharge any duty which such Registrar, deputy registrar or bailiff might respectively have exercised or discharged under subsections (2) and (3) of this section if he had been appointed or attached to the District Court under subsection (1) of this section.

(5) In the exercise of his powers and discharge of his duties under this Ordinance, any person to whom this section applies 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 exercis- ing or discharging similar powers or duties under that Ordinance, or as attached by virtue of the provisions of the Supreme Court (Summary Jurisdiction) Ordinance to a person exercising or discharging similar powers or duties under that Ordinance immediately before Ordinance.".

the

commencement of this

retro-

4. Any appointment made under subsection (2) of section Validation 4 of the District Court Ordinance before the commencement of of previous this Ordinance and expressed to have retrospective effect shall be spective as valid and effectual for all purposes as if it had been made under appoint- that section as amended by this Ordinance.

Passed the Legislative Councit of Hong Kong, this 28th day of May, 1958.

L. L

Deputy Clerk of Councils.

(Secretariat GR20/3231/52)

mente.