Whereas there was this day read at the Board a Report from the Lords of the Judicial Committee of the Privy Council humbly setting forth that the Lords of the Judicial Committee have taken into consideration the practice of the Committee with a view to the Extension of uniform rights of appeal to all the subjects of His Majesty in His Colonies and Dependencies and to effect greater despatch and efficiency in the Appellate Jurisdiction of His Majesty in Council and that their Lordships have agreed humbly to report to His Majesty that it is expedient that certain changes should be made in the existing practice in Appeals and recommending that certain Rules therein set forth should hereafter be observed, obeyed and carried into execution provided His Majesty is pleased to approve the same.
His Majesty having taken the said Report into consideration was pleased by and with the Advice of His Privy Council to approve thereof and of the Rules set forth therein in the words following: that is to say :
1. In these Rules, unless the context otherwise requires
* "Appeal" means Appeal to His Majesty in Council ;
"His Majesty" includes His Majesty's heirs and successors;
"Judgment" includes decree, order, sentence, or decision;
"Court" means either the Court of Appeal or a single Judge of the Supreme Court of Hongkong according as the matter in question is one which, under the Rules and Practice of the Supreme Court, properly appertains to the Court of Appeal or to a single Judge and includes the Court of Appeal when sitting on Appeals under the Wei-hai-wei Order in Council 1901.
**Record** means the aggregate of papers relating to an Appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before His Majesty in Council on the hearing of the Appeal;
"Registrar" means the Registrar or other proper officer having the custody of the Records in the Court appealed from ;
"Month" means calendar month;
Words in the singular include the plural, and words in the plural include the singular.
2. Subject to the provisions of these Rules, an Appeal shall lie-
(a) as of right, from any final judgment of the Court, where the matter in dispute on the Appeal amounts to or is of the value of $5,000 or upwards,
or where the Appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; and
(b) at the discretion of the Court, from any other judgment of the Court, whether final or interlocutory, if, in the opinion of the Court, the question involved in the Appeal is one which, by reason of its great general or public importance or otherwise, ought to be submitted to His Majesty in Council for decision.
3. Applications to the Court for leave to appeal shall be made by motion or petition within 14 days from the date of the judgment to be appealed from, and the Applicant shall give the opposite party 7 days notice of his intended application and such notice be given at any time during the said period of 14 days,
4. Leave to appeal under Rule 2 shall only be granted by the Court in the first instance-
(a) upon condition of the Appellant, within a period to be fixed by the Court but not exceeding three months from the date of the hearing of the application for leave to appeal, entering into good and sufficient security, to the satisfaction of the Court, in a sum not exceeding $5,000, for the due prosecution of the Appeal, and the payment of all such costs as may become payable to the Respondent in the event of the Appellant's not obtaining an order granting him final leave to appeal, or of the Appeal being dismissed for non-prosecution, or of His Majesty in Council ordering the Appellant to pay the Respondent's costs of the Appeal (as the case may be); and
(b) upon such other conditions (if any) as to the time or times within which the Appellant shall take the necessary steps for the purpose of procuring the preparation of the Record and the despatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.
Page 60
Page 61
1 ...
59
<
Whereas there was this day read at the Board a Report from the Lords of the Judicial Committee of the Privy Council humbly setting forth that the Lords of the Judicial Com- mittee have taken into consideration the practice of the Committee with a view to the Extension of uniform rights of appeal to all the subjects of His Majesty in His Colonies and Dependencies and to effect greater despatch and efficiency in the Appellate Jurisdiction of His Majesty in Council and that their Lordships have agreed humbly to report to His Majesty that it is expedient that certain changes should be made in the existing actice in Appeals and recommending that certain Rules therein set forth should hereafter be observed, obeyed and carried into execution provided His Majesty is pleased to approve the same.
His Majesty having taken the said Report into consideration was pleased by and with the Advice of His Privy Council to approve thereof and of the Rules set forth therein in the words following: that is to say :---
1. In these Rules, unless the context otherwise requires
64
*
"
Appeal" means Appeal to His Majesty in Council ;
His Majesty" includes His Majesty's heirs and successors; Judgment" includes decree, order, sentence, or decision; "L'ourt 39
means either the Court of Appeal or a single Judge of the Supreme Court of Hongkong according as the matter in question is one which, under the Rules and Practice of the Supreme Court, properly appertains to the Court of Appeal or to a single Judge and includes the Court of Appel when sitting on Appeals under the Wei-hai-wei Order in Council 1901. ** Record
means the aggregate of papers relating to an Appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before His Majesty in Council on the hearing of the Appeal;
Registar" means the Regist ar or other proper officer having the custody of the
Records in the Court appealed from ;
"Month ""
means calendar month;
F
Words in the singular include the plural, and words in the plural include the
singular.
2. Subject to the provisions of these Rules, an Appeal shall lie-
(a) as of right, from any final judgment of the Court, where the matter in dispute on the Appeal amounts to or is of the value of $5,000 or upwards,
or where the Appeal involves, directly or indirectly, some claim or question
to or respecting property or some civil right amounting to or of the value of $5.000 or upwards; and
(b) at the discretion of the 'ourt, from any other judgment of the Court, whether final or interlocutory, if, in the opinion of the Court, the question involved in the Appeal is one which, by reason of its great general or public importance or otherwise, ought to be submitted to His Majesty in Council for decision.
Feb.
3. Applications to the Court for leave to appeal shall be made by motion or petition within 14 days from the date of the judgment to be appealed from, and the Applicant shall give the opposite party 7 days notice of his intended application and such notice be given at any time during the said period of 14 days,
may
lar.
4. Leave to appeal under Rule 2 shall only be granted by the Court in the first
instance-
(a) upon condition of the Appellant, within a period to be fixed by the Court but not exceeding three months from the date of the hearing of the application for leave to appeal, entering into good and sufficient security, to the satisfaction of the Court, in a sum not exceeding $5,000, for the due prosecution of the Appeal, and the payment of all such costs as may become payable to the Respondent in the event of the Appellant's not obtaining an order granting him final leave to appeal, or of the Appeal being dismissed for non-prosecution, or of His Majesty in Council ordering the Appellant to pay the Respondent's costs of the Appeal (as the case may be); and (b) upon such other conditions (if any) as to the time or times within which the Appellant shall take the necessary steps for the purpose of procuring the preparation of the Record and the d spatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.
1
Page 60Page 61
No comments yet.
Private notes are available after approval.