Repeal and
replacemeal OF section 16.
Addition of new section 16A.
(Cap. $.)
(CHA, 2270
(Cap. #1)
EL at 1969.)
5.
qualified to practise as a solicitor, he has for a period of or periods totalling not less than ten years-
() practised as an advocate or solicitor in such a court; or
(i) been a member of the Colonial Legal Service; or
(iii) been a member of the Legal Branch of Her Majesty's Overseas Civil Service; or
(iv) been a member of Her Majesty's Overseas Judiciary; or
(v) been a District Judge appointed by instrument under the Public Seal in accord- ance with the provisions of section 4 or 7 of the District Court Ordinance; or
(vi) been a permanent magistrate appoint- ed by warrant under section 5 of the Magistrates Ordinance; or
(vii) been a legal officer as defined in section 2 of the Legal Officers Ordinance;
or
(vill) beld any office specified in the Registrar General (Establishment) Ordinance 1969 appointment to which is restricted to persons who are legally qualified.
(2) For the purposes of calculating such period of ten years, periods of less than ten years falling within any of the sub-paragraphs of paragraph (5) of subsection (1) may be combined.”,
Section 16 of the principal Ordinance is repealed and replaced by the following new section--
"Judge not
to hold any
other office of profit.
6.
16. No judge, other than a Commissioner, shall accept or perform any other office or place of profit or emolument not authorized by law, except with the sanction of the Secretary of State.".
The principal Ordinance is amended by adding, after section 16, the following new section-
be justices
"Judges to
of the peace
ex officio.
16A. A judge shall be a justice of the peace by virtue of his office.".
7. Section 18 of the principal Ordinance is amended, in subsection (7), by deleting "rules of court or under or by virtue of this Ordinance may" and substituting the following-
"any Ordinatice may, subject to any provision to the contrary in any Ordinance,”.
8. Section 29 of the principal Ordinance is repealed and replaced by the following new sections-
"Appeals to the Full Court in
civil matters.
15 15. Gen. 5. c. #9, 2 31,
29. (1) Subject to subsection (3), an appeal shall fic as of right to the Full Court from every judgment, order or decision of the court in any civit cause or action.
(2) An appeal shall lie as of right to the Full Court from every judgment, order or decision of a special referee given or madc-
(a) on the trial of any civil cause or matter; or (b) in respect of any question or issue of fact which arises out of a civil cause or matter and which is ordered to be tried before the special referee.
(3) No appeal shall lie-
(a) from an order of the court allowing an extension of time for appealing from a judgment or order;
(b) from an order of the court giving uncondi-
tional leave to defend an action;
(c) from a judgment, order or decision of the court, where it is provided by any enactment or by rules of court that the same is to be final:
(d) from an order absolute for the dissolution or nullity of marriage in favour of any party who having had time and opportunity to appeal from the decrce nisi on which the order was founded, has not appealed from that decree:
(e) without the leave of the judge making the order, or of the Full Court, from an order made with consent of the parties or as to costs only which by law are left to the dis- cretion of the court;
(f) from a judgment order or decision of a judge given or made in summarily determining under sub-paragraph (b) or (c) of paragraph
Amendment of Section 18.
Repeal and replacement of section 29.
No comments yet.
Private notes are available after approval.