CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 401

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

398 1

(Ordinance 3 of 1901) various powers and duties are con-

-ferred and imposed directly on the Registrar

...g. by

Sections 11, 12, 14, 25, 27, and 28.

Under the Supreme Court Ordinance

No. 3 of 1873, Section 22, the Chief Justice has the power

to regulate the distribution of business in the Supreme

Court

that is to say, as I read the Section, the legal

business coming under the cognisance of the Supreme Court

as a Court of Justice. It does not mean, and the Chief

Justice has not claimed that it means, that the Chief

Justice can distribute the work in the Registry. For

instance the Court can make an Order for Probate, but the

Chief Justice cannot order any particular Officer of the

Registry to take the necessary steps on that Order. That

is a matter for the Registrar to decide. Similarly the

Court can make an Order for Costs to be taxed as between

party and party. But it cannot order that a particular

Officer shall tax the costs.

Section 32 limits the matters

upon which the Chief Justice may make rules and orders

for regulating the Court and these rules and orders again

must be approved by the Legislative Council.

8.

Having regard to the enactments

above

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