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69
[No. 6 of 1845, 6. 6.1
[No. 6 of 1845,
( 68 )
(2)
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Constitution of the Supreme Court of Judicature of the Colony.
[
1873.]
Title.
WHEREAS it is expedient to amend the Constitution of Preamble.
the Supreme Court of Judicature of the Colony, by pro- viding for the Appointment of a Puisne Judge in addition to the Chief Justice of the said Court: Be it enacted by the Governor
of Hongkong, with the Advice of the Legislative Council thereof,
as follows:--
I. This Ordinance may be cited as The Supreme Court Ord- Short Title. inance, 1873,"
น
II. In the Construction of this Ordinance, if not inconsistent Interpretation with the Context, the Term "Court" shall include the Chief Clause. Justice and the Puisne Judge sitting separately in Court or in Chambers; the Expression Full Court" shall mean the Chief Justice and the Puisne Judge sitting together. The Expression "Supreme Court" shall mean the Supreme Court of the Colony established under Ordinance No. 6 of 1845, and re-constituted by this Ordinance.
"III. Ordinances No. 6 of 1845 and No. 2 of 1846 are hereby Repealing repealed, subject nevertheless to the Provisions of Sections IV Clause. and V next hereinafter contained.
deemed abo-
IV. Notwithstanding the Repeal of Ordinance No. 6 of 1845, Supreme Court the Supreme Court established under that Ordinance shall not not to be be deemed to be abolished, but shall continue to exist as relished. constituted by this Ordinance, and shall be as heretofore a Court of Record and the Supreme Court of Judicature of the Colony.
V. Notwithstanding the Repeal of Ordinance No. 6 of 1845, Confinuation the Chief Justice and all Persons who at the Date of the Passing of Offices in
Supreme of this Ordinance shall hold any Office in the Supreme Court Court. established under Ordinance No. 6 of 1845, shall continue to hold their respective Offices in the said Court as reconstituted by this Ordinance as fully as if they had been reappointed thereunder; and no Claims to compensation in respect of Abolition of Office shall be allowed.
VI. The Supreme Court shall continue to use the same Seal as Seal of the heretofore, that is to say, a Seal bearing a Device and Impres- Court. sion of the Royal Arms, within an Exergue or Label surrounding
the same, with this Inscription, "The Seal of the Supreme Court
of Hongkong," and all Writs and other Process issuing out of the said Court shall be sealed therewith.
land shall
VII. Such of the Laws of England as existed when the Colony How far the 5. 4. No. 2 of obtained a Local Legislature, that is to say, on the 5th Day of Law of Eng 1846, 8. 3, No. April, 1843, shall be in Force within the Colony, subject to the prevail in the 11 of 1865, s. Provisions of Ordinance No. 11 of 1865 and except so far as the Colony.
said Laws shall be inapplicable to the Local Circumstances of the Colony or of its Inhabitants.
1.]
[No. 6 of 1845,
s. 4.1
{Ibid s. 14.]
English Court.
VIII. Such Portions of the Practice of the English Courts as How far the existed on the said 6th Day of April, 1843, shall be in Force Practice of in the Colony, subject to the same Exception as to their Appli- shall prevail. eability as is contained in the last preceding Section in relation to the Laws of England, and except so far as such Practice may be repealed or suspended by any Ordinance for the Time being in Force in the Colony relating to Practice and Pro-
cedure.
IX. The Supreme Court shall have the same Jurisdiction in Jurisdiction of the Colony of Hongkong and its Dependencies, as Her Majesty's Court at Courts of Queen's Bench, Common Pleas, and Exchequer, law- Common Law. fully have in England; and shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and Nisi Prius.
{Thid, a. 15, & X. The Supreme Court shall be a Court of Equity, with such In Equity.
see Ord. No. 7 and the like Jurisdiction as the Court of Chancery in England;
of 1856. Ord, and shall have and execute all and singular the Powers and
No. 14 of 1850, Authorities of the Lord High Chancellor of England, with full Liberty to appoint and control Guardians of Infants, and their
8.1. Ord. No. 3.
of 1858, ss.4 5,
of 1861.]
6. Ord. No. 3 Estates, and also Keepers of the Persons and Estates of Idiots, Lunatics, and such as, being of unsound Mind, are unable to govern themselves and their Estates.
[No. of 1845,
4.4.7
XI. From and after the Passing of this Ordinance, the Supreme Reconstitution Court shall consist of, and be bolden by and before a Chief of Supreme
Justice and a Puisne Judge, both to be appointed from Time to
Court.
[No. G of 1840, 8. 5.]
[Ibid, s. 7.]
[Jbid, s. 8.]
[Ibid, &. D.]
[See High Court of Ben-
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Time by Letters Patent under the Public Seal of the Colony, by the Governor, 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.
XII. In Case the Office of either of the said Judges shall now Vacancy become vacant by Death, or otherwise, it shall be lawful for the occasioned by Governor to appoint another fit and proper Person to fill either Death, &c. in of the said Offices until Her Majesty's Pleasure be known; and the Court to in Case of the Temporary Illness or Absence of either of the said Judges, it shall be lawful for the Governor to appoint a fit and proper Person to fill the Office of such Judge until he shall resume the Duties thereof.
be filled up.
XIII. No Judge of the Supreme Court shall be capable of Judges to hold accepting, taking, or performing, any other Office or Place of no other Office Profit, or Emolument, on Pain that the Acceptance of any such of Profit, other Office or Place as aforesaid, shall be and be deemed in Law de facto an Avoidance of his Office of Judge, and the Salary thereof shall cease, and be deemed to have ceased accordingly, from the Time of such Acceptance of any such other Office or Place.
XIV. In all Cases in which by any Law in force within the Acts directed Colony, any judicial or other Act is directed to be performed by to performed the Chief Justice, such Act may be performed by the Puisne by the Chief Judge, and if so performed shall, subject to the Provisions of Justice. Section XVIII be as valid to all Intents and Purposes as if the same had been performed by the Chief Justice.
XV. There shall be and belong to the Supreme Court the Officers of the following Officers, that is to say, a Registrar, a Deputy Registrar, Court. a Clerk of the Court, and such and so many Clerks, Interpreters and other Officers, as to the Governor shall from Time to Time appear to be necessary for the Administration of Justice, and the due Execution of all the Powers and Authorities which are granted and committed to the Court by this Ordinance.
XVI. The several Superior Officers of the Court, who now are Officers how or hereafter may be appointed to their Offices by Her Majesty, to hold Office.
Her Heirs, and Surcessors, shall hold their several Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor, in like Manner as other Officers in the Colony; and all other Officers shall be removable from their several Offices in
the said Court by the Governor, upon reasonable Cause.
XVII. The Chief Justice shall regulate the Distribution of Distribution of Business in the Court and all Suits and other Proceedings what- Business, soever, except Appeals, shall in the First Instance, be heard Powers of before one of the Two Judges sitting alone, unless the Chief Single Judge. Justice shall direct that the same shall be heard before the Full Court.
XVIII. There shall be an Appeal as of Right from every Decision Appeals to the of one of the Judges sitting alone, and every Appeal from such Full Court. Decision, or from the Decision of any Magistrate, shall be heard before the Full Court.
XIX. Whenever the Full Court shall sit ou Appeal, or for the Double or
gal Rule 25. Hearing and Determination in the First Instance of any Suit casting Vote.
or other Proceeding whatsoever, and there shall be a Difference
of Opinion between the Two Judges, the Chief Justice shall have a double or casting Vote.
and aske
XX. The Chief Justice may make and prescribe such Rules Power to re- and Orders, touching the Times of holding the Court, Form of gutate sittings Process, Pleadings, and other Business and Proceedings of the Ries and Court, and of the Fees payable therein, as to the Court shall Orders. scem fit, and such Rules and Orders from Time to Time to alter, [See No. 6 of amend, or revoke, as Occasion may require: Provided always 1845. s. 23 and that no such Rules or Orders, or any Alteration, Amendment, or No. 2 of 1840, Revocation thereof, shall be deemed binding until the same shall have been revised and approved of by the Legislative Council and shall have been published in the Gazette.
s. 4.]
[No. 6 of 1845, B. 11.]
Three Mouths
cessity.
XXI. In Case there shall not be a sufficient Number of Bar- Fit Persons to risters, Solicitors, Attornies, and Proctors within the Colony, be admitted to competent and willing to appear and act for the Suitors of the practise for Supreme Court, it shall be lawful for the Court, and the Court is in Case of Ne- hereby authorized, to admit temporarily so many other fit and proper Persons to appear and act as Barristers, Solicitors, At- tornies, and Proctors, as may be necessary, according to such Rules and Regulations as the Court shall, for that Purpose, make and establish: Provided that the Persons so admitted shall be admitted for a Period of Three Months only, and shall not be re-admitted without obvious Necessity.
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