1975-HKRS28-16-23_Part05 — Page 18

(Cap. 336.)

(Cap. 327)

(Cap. 17.)

(Cap, 1903

A prpóla tumeort

DC Commi

BOOTS.

Power of Comm- misalonera iu

4

(ii) been a member of the Legal Branch of Her Majesty's Overseas

Civil Service:

(ii) been a member of Her Majesty's Overseas Judiciary:

(iv) been a District Judge appointed in accordance with section 4 or

7 of the District Court Ordinance;

(v) been a permanent magistrate appointed by warrant under section

5 of the Magistrates Ordinance;

(vi) been a legal officer as defined in section 2 of the Legal Officers

Ordinance; or

(vii) held any office specified in the Registrar General (Establishment) Ordinance appointment to which is restricted to persons who are legally qualified.

(3) For the purposes of calculating the period of 10 years referned to in subsection (2), periods of less than 10 years falling within any of para- graphs (i) to (vii) of that subsection may be combined, and there may be included in such period, any period of practice as an advocate or solicitor in any of the courts referred to in subsection (2)(a).

10. (1) The Chief Justice may appoint a person to be a Commissioner of the High Court if—

(a) the office of any judge of the High Court becomes vacant for any

teason; or

(6) be considers that the interests of the administration of justice

require that a Commissioner should be appointed temporarily.

(2) Subject to the terms of his appointment, a Commissioner shall have and may exercise all the jurisdiction, powers and privileges and shall have and perform all the duties of a judge of the High Court, and any reference in any law to such a judge shall be construed accordingly.

(3) Without prejudice to the powers conferred on him by subsection (1), the Chief Justice may appoint a Commissioner under that subsection- (a) for the purposes of a specified case or class of cases only; or (b) for a specified period only.

(4) Notwithstanding subsection (2), the Chief Justice may terminate the appointment of a Commissioner at any time.

11. If the hearing of any proceedings before a Commissioner da adjourned or if he reserves judgment in any proceedings, the Commissioner cases which are shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a Commissioner has expired or has been terminated.

pent-beard on

Iermabralod of Byangode kurman).

Jurisdiction of High Coat

PART IN

JURISDICTION, Ław, PractTICE AND PowERS

12. (0) The High Court of Justice shall be a superior court of record. (2) The civil jurisdiction of the High Court shall consist of—

(a) original jurisdiction and authority of a like nature and extent as that held and exercised by the Chancery, Family and Queen's Bench Divisions of the High Court of Justice in England; and (6) any other jurisdiction, whether original or appellate jurisdiction,

conferred on it by any law,

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3) The criminal jurisdiction of the High Court shall consist of— (a) original jurisdiction of a like nature and extent as that held and exercised in criminal matters by the High Court of Justice and the Crown Court in England respectively; and

(b) any other jurisdiction, whether original or appellate jurisdiction,

conferred on it by any law.

(4) The High Court shall have in addition such jurisdiction as may be exercised in England by the Lord Chancellor and judges of the Supreme Court of Judicature in England under the Mental Health Act 1959.

13. (1) The Court of Appeal shall be a superior court of record.

(2) The civil jurisdiction of the Court of Appeal shall consist of—

(a) appeals from any judgment or order of the High Court in any

civil cause or matters

(1999 ». 72)

Fardedigion o Court of Appont.

(Cxp. 134)

(6) appeals under section 63 of the District Court Ordinance; and (c) any other jurisdiction conferred on it by any law.

(3) The criminal jurisdiction of the Court of Appeal shall consist of-

(a) appeals from the High Court or District Court under Part IV of

the Criminal Procedure Ordinance:

(Cup, $21)

(6) the consideration of questions of law reserved under section 81(1)

of the Criminal Procedure Ordinance;

(c) the consideration of applications by the Attorney General for the review of any sentence under section BIA(I) of the Criminal Procedure Ordinance;

() appeals by way of case stated from the District Court under

section 84 of the District Court Ordinance; and

(e) any other jurisdiction conferred on it by any law.

cvil madders.

14. (1) Subject to subsection (3), an appeal shall lie as of right to the Appeals in Court of Appeal from every judgment or order of the High Court in any civil cause or matter.

(2) An appeal shall lie as of right to the Court of Appeal from every judgment or order of a special referee given or made...

(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 High Court allowing an extension of time 1903 «. 49,

for appealing from a judgment or order;

(6) from an order of the High Court giving unconditional leave to

defend an action;

(c) from a judgment or order of the High Court, where it is provided by any Ordinance 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 bad time and opportunity to appeal from the decree mal on which the order was founded, has not appealed from that decree;

& 31.