Suphane Court,
(c. 1925
49. - 14
Constrution
of Hip Coul
Consultation
of Count of
Appeal.
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of judve.
2
"High Court" means the High Court of Justice;
“judgment" includes decree;
"land" means land of whatever description, any part or section thereof, and tenements and buildings or parts of building (whether the division is horizontal, vertical or made in any other way);
"matior" includes every proceeding not in a cause;
"party" includes every person served with notice of or attending any pro-
ceeding, although nor named on 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, Kuramons or otherwise;
"pleading" includes any petition or summons, and also includes the state- ment in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant;
"prescribed" means prescribed by rules of court; “Registrar" means the Registrar of the Supreme Court; “Registry" means any Registry of the Supreme Court.
PART 11
THE SUPREME COURT
3. (1) There shall be a Supreme Court of Judicature consisting of the High Court of Justice and the Court of Appeal,
(2) Subject to the provisions of this Ordinance, the Supreme Court shall be a court of unlimited civil and criminal jurisdiction.
4.
(1) The High Court shall consist of-
(a) the Chief Justice; and
(b) such judges as the Governor may appoint.
(2) A Justice of Appeal may sit in the High Court and act as a judge thereof whenever the business of the High Court so requires, în which case he shall have all the jurisdiction, powers and privileges of such a judge.
(3) The Chief Justice shall be the president of the High Court and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence proscribed in section 7.
3.
(1) The Court of Appeal shall consist of–
(a) the Chief Justice; and
(b) such Justices of Appeal as the Governor may appoint.
(2) A judge of the High Court may, on the request of the Chief Justice, sit as an additional judge of the Court of Appeal, in which case he shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.
(3) The Chief Justice shall be the president of the Court of Appeal and, in his absence for any cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 7.
6. (1) A judge of the Supreme Court, other than-
(a) a judge appointed under subsection (1) or (2) of section 8; and (b) a Commissioner,
3
shall be appointed by Letters Patent under the Public Seal by the Governor, in accordance with such instructions as the Governor may receive through * Secretary of State.
(2) Any appointment made under subsection (1) may be given effect from a date anterior to that of the Letters Patent 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 Letters Palent or before the requirements of section 17 of the Oaths and (Cap. 11) Declaration. Ordinance have been fulfilled.
7. (1) The judges of the Supreme Court shall take precedence in the Precedence. following order-
(a) the Chief Justice;
(b) the Justices of Appeal, who among themselves shall rank according
to the priority of their respective appointments;
(c) the judges of the High Court, who among themselves shall rank
according to the priority of their respective appointments;
(4) Commissioners, who among themselves shall rank according to
the priority of their respective appointments:
Provided that, where the Governor is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of Commissioners irrespective of the priority of their appointments
(2) Notwithstanding paragraphs (b) and (c) of subsection (1), where the Secretary of State is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of the Justices of Appeal or the judges of the High Court, as the case may be, irrespective of the priority of their appointments.
8. (1) If the office of Chief Justice or any Justice of Appeal becomes Acting vacant, by death or otherwise, the Governor may appoint another person Appolarmes, Lo act in such office until the vacancy therein is filled."
(2) If the Chief Justice or a Justice of Appeal is temporarily ill or absent, the Governor may appoint another person to act in his office unt be resumes the duties thereof.
9. (1) A person shall be eligible to be appointed to be a judge of Profesdond the Supreme Court if-
(a) he is qualified to practise as an advocate in a court in Hong Kong. England, Scotland, Northern Ireland or the Republic of Ireland having unlimited jurisdiction either in civil or criminal matters; or
(b) he is qualified as mentioned in paragraph (a) and prior thereta
was qualified to practise as a solicitor in such a court, and, in either case, he has for at least 10 years practised as an advocate or solicitor in such a court.
(2) A person shall also be cligible to be appointed to be a judge of the Supreme Court if-
(e) he is qualified to practise as an advocate in a court in Hong Kong, England, Scotland, Northern Ireland or some other part of the Commonwealth or the Republic of Ireland baving un- limited jurisdiction either in civil or criminal matters; or
(b) he is qualified as mentioned in paragraph (a) and prior thereto
was qualified to practise as a solicitor in such a court, and, in either case, he has, subject to subsection (3), for at least 10 years-
() been a member of the Colonial Legal Service;
qua
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