1975-HKRS28-16-23_Part05 — Page 25

Repeal and

(Cwp. 2)

Schedule

Anemingent af

references

kama za Bul

Court and

Supreme Court.

Trasal.

(Cap. 43

(Cap. 1)

18

PART VI

CHENERAL

$1. (D) The Full Court Ordinance and the Supreme Court Ordinance are repealed.

(2) The Ordinances specified in the Schedule are amended in the manner specified therein.

59. In any law, unless the context otherwise requires

(a) for any reference to the Full Court, there shall be substituted &

reference to the Court of Appeal;

(b) for any reference to the Supreme Court, there shall be substituted

a reference to the High Court; and

(c) any reference to a judge or officer of the Full Court or the Supreme Court shall be construed as a reference to a judge or officer of the Court of Appeal and the High Court, respectively.

60. (1) Any civil or criminal proceeding pending in the Full Court or the Supreme Court at the commencement of this Ordinance shall contiquo in and be determined by the Court of Appeal and the High Court, respec- tively, save that any application for habeas corpur or for an order of mandamus, certiorari or prohibition so pending in the Full Court shall continue in and be determined by the High Court.

(2) Any civil or criminal proceeding being tried or heard before the Supreme Court or the Full Court at the commencement of this Ordinance shall continue before the High Court and the Court of Appeal, respective. ly, and in the case of a proceeding before the Full Court any judge constituting that Full Court shall be deemed to be a Justice of Appeal for the purposes of that procceding notwithstanding that he has not been appointed as such under this Ordinance; but any application for habear corpus or for an order of mandamur, certiorari or prohibition being heard before the Full Court at the commencement of this Ordinance shall continue before the High Court and any judge constituting that Full Court who has been appointed a Justice of Appeal under this Ordinance shall be deemed to be a judge of the High Court for the purposes of the hearing and determination of that application.

(3) Without prejudice to subsections (1) and (2) the Chief Justice may by order make such provision, either generally or with respect to any particular case or proceeding, as may be necessary to ensure effective transition from the repealed Supreme Court Ordinance to this Ordinance.

SCHEDULE

Amendment

Ordinance

Bankruptcy Ordinance

Landlord and Tenant (Consolidation) Ordinance

Evidence Ordinance

Judgments (Facilities for Enforcement) Ordinance

Labour Tribunal Ordinance

Urban Council (Election Petitions) Regulations

Inland Revenus Ordinance

Matrimonial Causes Rules

Road Traffic Ordinance

Magistrates Ordinance

[s, 58(2)]

Ordinance

Interpretation and General Clauses Ordinance

Section 3 is amended by deleting the definition of "judge" and substituting the following

judge" means the Chief Justice, a Justice of Appeal, a judge of the High Court of Justice and a Commissioner of the High Court of Justice;".

Compulsory Service Ordinance

19

Amendment

Section 122(4) is amended by deleting "sections (cap. 6) 25, 26, 27 and paragraph (f) of subsection (1) of section 38 of the Supreme Court OrdinanceTM and substituting the following-

"sections 29, 30 and 31 of the Supreme Court Ordinance 1975".

Section 8501) is amended by deleting to the Full (p. 7) Court under section 29 of the Supreme Court Ordinance" and substituting the following-

"to the Court of Appeal under section 14

of the Supreme Court Ordinance 1975"'.

Sections 53(6) and 57 (8) are amended by deleting (Cap. £3 "section 38 of the Supreme Court Ordinance" pod substituting in both cases the following-

"section 34 of the Supreme Court Ordinance 1975",

Section 5 is amended by deleting "under section (Cap. 93 38 of the Supreme Court Ordinance" and sub- stituting the following-

"under the Supreme Court Ordinance 1975", Section 6 is amended in subsection (2) by deleting (Cap. 250 "under section 18(1) of the Supreme Court Ordinance".

Regulation 20 is amended by deleting "under (cap. 101, section 35 of the Supreme Court Ordinance" and tub. HR) substituling the following-

"under section 52 of the Supreme Court Ordinance 1975".

Section 59(7) is amended by deleting ", the Full (Cwp. 192) Court Ordinance,"

Rule 2(2) is amended in the definition of "judge" (Cap. 179. by deleting "section 13A of the Supreme Court rub, k*) Ordinance" and substituting the following-

"section 10 of the Supretne Court Ordinance 1975".

Section 2(1) is amended by deleting the definition (ca. 120) of "Supreme Court",

Sections 105, 108, 112, 113, 11504 and 1180X4). «.... 227.3 (e) and (f) are amended by deleting "of the court" wherever it occurs.

Section 13 is amended-

(a) in subsection (110) by deleting "conferred upon the Supreme Court by sections 31 and 32 of the Supreme Court Ordinance" and substituting the following-

"possessed by the Supreme Court in respect of the punishment of witnesses for non-attendance and persons guilty of contempt of court"; and

(Caun 246.)