# An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 6 of 1845, entitled "An Ordinance for the Establishment of a Supreme Court of Judicature at Hongkong," to reconstitute the said Court and to abolish the Summary Jurisdiction Court.
1872.] WHEREAS it is expedient to amend Ordinance No. 8 of 1846, to reconstitute the said Court by providing for the Appointment of a Puisne Judge for the Supreme Court of Hongkong and to abolish the Court of Summary Jurisdiction: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
## Title.
Registered May 25th 1872
## Preamble.
I. Section V. of Ordinance No. 6 of 1845, is hereby repealed.
## Repeal of Sec. V. of No. 6 of 1845.
II. Ordinance No. 7 of 1862, entitled "An Ordinance to establish a Court of Summary Jurisdiction, and to authorize the Appointment of a Judge thereof," and Ordinance No. 1 of 1871, entitled "An Ordinance to amend No. 7 of 1862, and to provide for the Summary Trial of Cases in the Supreme Court," are hereby repealed.
## Abolition of the Summary Court.
III. From and after the passing and coming into Operation of this Ordinance, the Supreme Court of Judicature at Hongkong shall consist of, and be holden by and before a Judge to be called the Chief Justice of the Supreme Court of Hongkong and before a Puisne Judge of the said Court, both of the said Judges to be appointed by Letters Patent under the Public Seal of the Colony, from Time to Time, by the Governor of Hongkong, in accordance with such Instructions as he may receive through one of Her Majesty's Principal Secretaries of State, and the said Judges shall respectively hold their Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as other Officers in the Colony.
## Constitution of Court.
IV. In Case the Office of either of the said Judges shall become vacant by Death, temporary Illness, Absence or otherwise, it shall be lawful for the Governor to appoint another fit and proper Person to fill either of the said Offices until Her Majesty's Pleasure be known, or until the said Judge shall resume the Duties of his said Office: Provided that in Case of a Vacancy occurring in the Office of Chief Justice by reason of his Death, Absence, Illness or otherwise, it shall be lawful for the Puisne Judge to, and he shall fill the said Office, until the Governor has appointed some fit and proper Person to fill the same as hereinbefore provided.
## The Court to fill Vacancy occasioned by Death, etc.
V. Save as hereinafter provided and where the State of the Business of the Supreme Court shall so permit, and where it is otherwise practicable, all Suits for Claims of more than Five hundred Dollars and upwards, formally instituted under "The Hongkong Code of Civil Procedure," and all Motions and Applications to the said Court arising out of or Incidental to such Suits (except Motions of Course and all such Motions and Applications as ordinarily are by the Practice of the said Court or by any Rules of the said Court to be hereafter framed may be made before a Judge in Chambers) and all Applications and Motions arising out of any Trial at any Criminal Sessions held in the Colony, and any Cause, Matter or Proceeding arising out of or belonging, or incidental to any Prerogative Writ issued by the Court, and any Appeal from any Order, Judgment or Decree made or passed by any Judge sitting in Bankruptcy, and any Appeal from any Judgment or Decision of any Police Magistrate, or any Cause, Matter or Proceeding arising out of any Case stated by any Police Magistrate for the Opinion of the Court, shall be tried, heard and decided before and by the full Court, consisting of the Chief Justice and Puisne Judge: Provided always that in all Suits where a Jury has been empanelled to try any Suit or Issue of Fact, the Chief Justice or Puisne Judge shall alone preside at the Trial of such Suit, or Issue of Fact.
## The Court to be held by both Judges.
VI. An Appeal shall lie to the full Court from any Decision, Judgment or Order made or passed by any Judge in Chambers, upon any Summary Motion or Application, by Leave of such Judge, and upon such Terms, Restrictions or Conditions as he thinks fit to impose; and from any Judgment, Order or Decree made or passed by any Judge under the Summary Procedure Clauses of the "Civil Code," for the Recovery of Claims not exceeding Five hundred Dollars; and by Leave of the Judge making the same, from any Order, Judgment or Decree made or passed by any Judge sitting in Bankruptcy.
## Appeal to the full Court.
VII. Except as hereinafter provided where upon the Trial or Hearing of any Suit, Motion or Application by and before the full Court, the Judges shall differ in their Opinions, the Judgment of the Chief Justice shall be taken to be the Judgment of the Court: Provided always that where the Matter comes before the Court by way of Motion for a new Trial, or of Appeal, and the Judges shall differ in their Opinions that Judgment shall be taken to be the Judgment of the Court which is adverse to the Party moving for a new Trial or to the Appellant.
## Judgment of Court how to be defined.
VIII. There shall be and belong to the Supreme Court sitting in its Summary Jurisdiction the following Officers, that is to say A Clerk of Court, an Interpreter, a Shroff, and a Bailiff and such and so many Officers as to the Governor of the Colony shall from Time to Time appear to be necessary.
## Officers of the Court in its Summary Jurisdiction.
IX. It shall be lawful for all Attornies and Solicitors duly enrolled in the Supreme Court to practice as Advocates in the said Court sitting in its Summary Jurisdiction in the same Manner as they have hitherto been permitted to practice in the Court of Summary Jurisdiction.
## Attornies, &c., to practice as Advocates.
X. The Judges of the Supreme Court may frame Rules and Orders for regulating the Practice of the said Court, its Times of Sitting and the Forms of Proceedings therein, to be approved of by the Legislative Council, and with the like Approval may rescind, vary alter the same.
## Judges to frame Rules.
XI. Wherever the Term "Chief Justice" or "Judge of the Summary Jurisdiction Court" occurs in any existing Ordinance, it shall be read and construed as applying to the Judges of the Supreme Court.
## Interpretation of the Term "Chief Justice."
XII. There shall be no Period of Vacation for the Supreme Court sitting in its Summary Jurisdiction.
## Vacation.
XIII. This Ordinance and Ordinance No. ... of 1872, shall be read and construed as one Ordinance.
## Construction.
XIV. This Ordinance shall not come into Force until Her Majesty's Confirmation thereof shall have been proclaimed in the Colony by the Governor.
## Suspending Clause.
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An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 6 of 1845, entitled "An Ordinance for the Establishment of a Supreme Court of Judicature at Hongkong," to reconstitute the said Court and to abolish the Summary Juris diction Court.
1872.] THEREAS it is expedient to amend Ordinance No. 8 of
W 1846, to reconstitute the said Court by providing for the
Appointment of a Puisue Judge for the Supreme Court of Hong- kong and to abolish the Court of Summary Jurisdiction: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
Title.
Registered May 2.5" 47
30
Preamble.
I. Section V. of Ordinance No. 6 of 1845, is hereby repealed, Repeal of Sec..
V. of No. 6 of 1845.
II, Ordinance No. 7 of 1862, entitled "An Ordinance to Abolition of establish a Court of Summary Jurisdiction, and to authorize the the Summary Appointment of a Judge thereof," and Ordinance No. 1 of 1871, Court. entitled "An Ordinance to amend No. 7 of 1862, and to provide for the Summary Trial of Cases in the Supreme Court," are hereby repealed.
III. From and after the passing and coming into Operation of Constitution. this Ordinance, the Supreme Court of Judicature at Hongkong of Court. shall consist of, and be holden by and before a Judge to be called the Chief Justice of the Supreme Court of Hongkong and before a Puisne Judge of the said Court, both of the said Judges to be appointed by Letters Patent under the Public Seal of the Colony, from Time to Time, by the Governor of Hongkong, in accordance with such Instructions as he may receive through one of Her Majesty's Principal Secretaries of State, and the said Judges shall respectively hold their Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as other Officers in the Colony.
the Court to
IV. In Case the Office of either of the said Judges shall become How Vacancy vacant by Death, temporary Illness, Absence or otherwise, pecasioned by it shall be lawful for the Governor to appoint another fit Death, c. fn and proper Person to fill either of the said Offices until Her be filled up. Majesty's Pleasure be knowa, or until the said Judge shall resume the Duties of his said Office: Provided that in Case of a Vacancy occurring in the Office of Chief Justice by reason of his Death, Absence, Illness or otherwise, it shall be lawful for the Paisne Judge to, and he shall fill the said Office, until the Governor hus appointed some fit and proper Person to fill the same as herein- before provided.
Court to be
V. Save as hereinafter provided and where the State of the Busi- In what Cases ness of the Supreme Court shall so permit, and where it is otherwise Sittings of practicable, all Suits for Claims of more than Five hundred Dollars held by both and upwards, formally instituted under "The Hongkong. Code of Judges, Civil Procedure," and all Motions and Applications to the said Court arising out of or Incidental to such Suits (except Motions of Course and all sach Motions and Applications as ordinarily are by the Practice of the said Court or by any Rules of the said Court to be hereafter framed may be made before a Judge in Chambers) and all Applications and Motions arising out of any Trial at any Criminal Bessions held in the Colony, and any Cause, Matter or Proceeding arising out of or belonging, or incidental to any Prerogative Writ issued by the Court, and any Appeal from any Order, Judgment or Decree made or passed by any Judge sitting in Bankruptcy, and any Appeal from any Judgment or Decision of any Police Magistrate, or any Cause, Matter or Proceeding arising out of any Case stated by any Police Magistrate for the Opinion of the Court, shall be tried, heart and decided before and by the full Court, consisting of the Chief Justice and Puisne Judge: Provided always that in all Suits where a Jury has been empanelled to try any Suit or Issue of Fact, the Chief Justice or Puisne Judge shall alone preside at the Trial of such Suit, or Issue of Fact.
full Coars
VI. An Appen shall lie to the full Court from any Decision, Appeal to the Judgment or Order made or passed by any Judge in Chambers, from Order in upon any Summary Motion or Application, by Leave of sucli chambers. Judge, and upon such Terms, Restrictions or Conditions as he thinks fit to impose; and from any Judgment, Order or Decree From Judg made or passed by any Judge auder the Summary Procedure tent under Clauses of the "Civil Code," for the Recovery of Claims not cedure Clanses. Suinary Pro- exceeding Five hundred Dollars; and by Leave of the Judge) making the same, from any Order, Judgment or Decree made or Frow Order in passed by any Judge sitting in Bankruptcy.
Bankruptcy.
VII. Except as hereinafter provided where upon the Trial or Judgment of Hearing of any Suit, Motion or Application by and before the full Court, how to Court the Judges shall differ in their Opinions, the Judgment of be deflued. the Chief Justice shall be taken to be the Judgment of the Court: Provided always that where the Matter comes before the Court by way of Motion for a new Trial, or of Appeal, and the Judges shall differ in their Opinions that Judgment shall be taken to be the Judgment of the Court which is adverse to the Party moving for a new Trial or to the Appellant.
VIII. There shall be and belong to the Supreme Court sitting in Officers the its Summary Jurisdiction the following Officers, that is to say Summary
Court in its
A Clerk of Court, an Interpreter, a Shroff, and a Bailiff Jurisdiction. and such and so many Officers as to the Governor of the Colony shall from Time to Time appear to be necessary.
IX. It shall be lawful for all Attornies and Solicitors duly Attornies, & enrolled in the Supreme Court to practice as Advocates in the said to practice s
Advocates In Court sitting in its Summary Jurisdiction in the same Manner as the Court is they have hitherto been permitted to practice in the Court of its Summary Summary Jurisdiction.
Jurisdiction.
X. The Judges of the Supreme Court may frame Rules and Judges to Orders for regulating the Practice of the said Court, its Times of frame Rules. Sitting and the Forins of Proceedings therein, to be approved of by the Legislative Council, and with the like Approval may rescind, vary alter the same.
XI. Wherever the Term "Chief Justice" or "Judge of the Sum- Interpretation mary Jurisdiction Court" occurs in any existing Ordinance, it shall of the Term be read and construed as applying to the Judges of the Supreme Chief Justice.
Court.
XII. There shall be no Period of Vacation for the Supreme Court Vacation. sitting in its Summary Jurisdiction.
XII. This Ordinance and Ordinance No. of 1872, shall be Construction. read and construed as one Ordinance.
XIV. This Ordinance shall not come into Force until Her Ma- Suspending jesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.
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