1975-HKRS28-16-23_Part05 — Page 21

Powers of Judie in

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Sutter of Court of Appen).

(Cap. 221)

(CAN PALO

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33, (1) A judge of the High Court may, subject to rules of court, exercise in chambers all or any part of the jurisdiction vested in the High Court, in all such causes and matters and in all such proceedings in any causes or matters as may be heard in chambers by a judge of the High Court in England or as may be directed or authorized to be so heard by rules of court.

(2) A judge of the High Court sitting in court shall be deemed to constitute a court of the High Court,

34. (1) Subject to subsection (2), every appeal to the Court of Appeal-

(a) against a floul order or judgment:

(b) by way of motion for a new trial or to set aside a verdict, finding or judgment in any cause or matter in the High Court in which there has been a trial thereof or of any issue therein with a jury:

or

(c) under Part IV of the Criminal Procedure Ordinance, shall be heard before an uneven number of judges, not being less than three.

(2) An appeal against an interlocutory order or judgment may be heard before not less than two judges.

01 No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings Incidental or preliminary to-

(a) an appeal from a judgment or order made by bim; or

(6) an appeal against a conviction before him or a sentence passed by

him.

(4) Subject to aubsection (6), where a Court of Appeal consisting of three or more 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 Court of Appeal, but if there is no judgment or order which is that of a majority of the judges sitting, the judgment or order appealed from shall be deemed to be the judgment or order of the Court of Appeal.

(5) Where a Court of Appeal consisting of two judges only sits and the two judges differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they make as to which they do not differ:

Provided that-

(a) if the judgment or order appealed from is not so modified or affected, it shall be deemed to be the judgment or order of the Court of Appeal; or

(b) if the judgment or order appealed from is so modifled or affected, it shall, as so modified or affected, be deemed to be the judgment or order of the Court of Appeal.

(6) In the case of an appeal under Part IV of the Criminal Procedure Ordinance, if no two of the judges agree as to the judgment or order to be made-

(a) the judgment or order of the trial judge; or

(b) where there is no such judgment or order, the judgment or order

of the President,

shall be deemed to be the judgment of the Court of Appeal.

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(7) For the purposes of this section and section 35, an appeal under Pan IV of the Criminal Procedure Ordinance includes the consideration of (Cap. ZU) a question of law reserved for the consideration of the Court of Appeal and the consideration of an application by the Attorney General for the review of any sentence under sections BÍ and 81A respectively of that Ordinance.

Coun of

35, (1) Subject to subsection (3), în pursuance of the civil jurisdiction Power of of the Court of Appeal, any order or direction not involving the determina- include tion of the appeal may be made or given by a single judge sitting in court Appeal. or in chambers, and a single judge may likewise make any interim order which he may think fit to prevent prejudice to the claims of any party pending an appeal

(2) Subject to subsection (4), in pursuance of the criminal jurisdiction of the Court of Appest, any power of the Court of Appeal not involving the determination of the appeal may be exorcised by a single judge in the same manner as it may be exercised by the Court of Appeal and subject to the same provisions.

(3) Every order or direction made or given by a single judga under subsection (1) may be discharged or varied by the Court of Appeal.

(4) Where a single judge refuses an application to exercise any of the power of the Court of Appe) in pursuance of subsection (2), the applicant shall be entitled to have the application determined by the Court of Appeal.

36. Where by or under any law any judicial or other act is required or authorized to be exercised of performed by the Chief Justice, such act may be exercised or performed by any judge of the Supreme Court.

PART V

REGISTRAR AND Other Officers

data required to be dede by

Chief Justice: may also be done by way judex.

37. There shall be attached to the Supreme Court & Registrar and Registrar of such deputy registrars and assistant registrars as may be appointed.

Supreme Court.

Jurisdicdad, powers pund

Registrar.

38. (1) The Registrar shall have and may exercise and perform- (a) the same jurisdiction, powers and duties as the Masters, Registrars dude of

and like officers of the Supreme Court of Judicature in England; and

(5) such other jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law,

(2) Subject to rules of court, all the jurisdiction, powers and duties conferred or imposed on the Registrar may be had, exercised or performed by a deputy or assistant registrar.

39. (1) No action shall be brought against the Registrar for- (a) any act done or omitted to be done by any bailiff without direc-

tions from the Registrar; or

(b) any direction given to any bailiff with regard to the execution or

non-execution of process if

© such directions are in accordance with an order from the High Court under section 40; and

(i) no material fact is wilfully misrepresented or suppressed by the Registrar.

Provection al Reglur.