1975-HKRS28-16-23_Part05 — Page 23

Judems to be Fusclees at the

pesce

est offcle.

Thereat and cra for debt wod

Lucrest on judnud.

Appeal in cle

COURT

0961 VSI

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Judges

47. Every judge of the Suprente Court shalt be a justice of the peace by virtue of his office.

Interest

48. (1) Subject to subsection (2), the High Court may, in way pro- ceedings brought in the High Court for the recovery of say debt or damages, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole ar any part of the period between the date when the cause of action arose and the date of the judgment.

(2) Nothing in subsection (1) shall—

(a) authorize the giving of interest upon intercat;

(b) apply in relation to any debt on which interest is payable as of

right whether by virtue of any agreement or otherwise; or

(c) affect the damages recoverable for the dishonour of a bill of

exchange.

(3) The powers conferred by subsection (1) may be exercised— (a) whether or not interest is expressly claimed;

(b) at any time after judgment is entered in any case in which it appears that the failure to apply for or to award interest wad through inadvertence; and

(c) in the case of a judgment catered by default or by order of the

Registrar, by the Registrar.

49. A judgment debt shall carry interest al such rate as may be pre- scribed by rules of court on the aggregate amount thereof, or on such part thereof sa for the time being remains unsatisfied from the date of the judgment until satisfaction.

Contempt of court

50. (1) Subject to this section, an appeal shall lie from any order or of contemps of decision of a court, other than the Court of Appeal, in the exercise of jurisdiction to punish for contempt of court, including criminal contempt; and in relation to any such order or decision this section shall have effect in substitution for any other law relating to appeals in civil or criminal proceedings.

4. 65. 13.1

(2) An appeal under this section shall lie to the Court of Appeal in any case at the instance of the person against whom the proceedings for contempt of court were brought of the order was made and, in the case of an application for committal ör attachment, at the instance of the applicant.

(3) The Court of Appeal may on appeal raverse or vary the order or decision of a court, and make such other order as may be just; and without prejudice to the powers of any court to grant bail, provision may be made by rules of court for authorizing the release on bail of an appellant under this section.

(4) In this section-

(a) "court" includes any tribunal or person having power to punish

for contempt; and

(6) references to an order or decision of a court in the exercise of jurisdiction to punish for contempt of court include references to

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an order or decision of any court under any law enabling the court to deal with an offence as if it were contempt of court,

(5) This section does not apply to a conviction or sentence in respect of which so appeal lies under the Crimmins! Procedure Ordinance, or is a (Cap. 219 decision of the Court of Appeal under that Ordinance; and for the purposes of that Ordinance and of this subsection an order for the punishment of arry person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as part of that sentence.

Seul

$1. The Supreme Court shall continue to use the existing seal and all Sead od write, judgments, orders and other process issuing out of the Court shall Supreme Count be sealed therewith.

52. In any proceedings in the Supreme Court, a judge may order the ExpeNKER, re-imbursement of a witness in respect of any expenses reasonably and properly incurred by that witness

Assessors

$3. (1) In any civil proceedings, the High Court may call to its aid Awesome. one or more assessors specially qualified and may dispose of such proceed- ings, wholly or in part, with the aid of such assessor or assessors," but the decision of the judge shall be the decision of the High Court.

(2) The High Court may determine the remuneration, if any, to be paid to an assessor in respect of his services:

Provided that nothing in this subsection shell authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.

Rules

54. (1) The Rules Committee constituted under section 55 may make Rules of count rules of court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Supreme Court in all causes and matters whatsoever in or with respect to which the Suprema Court has jurisdiction (including the procedure and practice to be followed in the Registries of the Supreme Court) and any matters incidental to or relating to that procedure or practice.

(2) Without prejudice to the generality of subsection (1), rules of court may be made for the following purposes-

(a) prescribing the procedure in connexion with the transfer of pro-

ceedings between the High Court and the District Court:

(b) prescribing the jurisdiction of the Supreme Court which may be exercised by the Registrar, a deputy registrar or assistant registrar (including provision for appeal against decisions in the exercise of such juridiction);

(c) prescribing the fees and percentages to be taken in the Supreme Court, the fees of counsel and the costs of solicitors and the costs of proceedings in that Court;

(d) repealing any laws which relate to matters with respect to which

rules may be made under this section;