1970-HKRS29-8-37_Part01 — Page 32

Amendment of section 4.

Addition of new sections 5 and 6.

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(2) The judges shall take precedence in the

following order –

(a) the Chief Justice:

(6) the Senior Puisne Judge:

(c) the Puisne Judges, who among themselves shall rank according to their precedence as judges of the Supreme Court;

(d) Commissioners of the Supreme Court, who among themselves shall rank according to their precedence as judges of the Supreme Court.

(3) The Chief Justice shall be President of the Full Court, and in his absence the Presidency of the Court shall be determined in accordance with the order of precedence prescribed by subsection (2).",

3A. Section 4 of the principal Ordinance is amended by deleting subsection (1) and substituting the following-

"(1) Where a Full Court consisting of more than two judges sits, the judgment or order which is that of the majority of the judges sitting shall be deemed to be the judgment or order of the Full Court, but if there is no judgment or order which is that of a majority of the judges sitting, the judg- ment or order appealed from shall be deemed to be the judgment or order of the Full Court.”.

4. The principal Ordinance is amended by adding, after section 4, the following new sections--

"Powers of Full Court on appeal.

( 221)

13 & 15. Geo.

5. & 49, 1.

Power of

5. Subject to the provisions of the Criminal Procedure Ordinance, in the exercise of its jurisdic- tion to hear and determine appeals, and for all the purposes of and incidental to the hearing and deter- mination of any appeal, and the amendment, excou- tion and enforcement of any order or judgment made thereon, the Full Court shall have all the power, authority and jurisdiction of the Supreme Court.

6. (1) In any civil cause or matter pending single judge. before the Full Court, any order or direction not in- volving the decision of the appeal may be made or

etc. in civil

matters.

3. C. 4. L 09.

15 & 16. Go given by one or more judges sitting in court or in chambers, and one or more judges may likewise make any interim order to prevent prejudice to the claims of any party pending an appeal, as he or they may think fit.

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(2) Every order or direction made or given in pursuance of this section may be discharged or varied by the Full Court sitting in court or in chambers.".

Passed by the Hong Kong Legislative Council this 28th day of January, 1970.

Javn

Deputy Clerk of Councils.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Kara

Deputy Clerk of Councils,