CO129-359 - Governor Sir Lugard - 1909 [12] — Page 279

2

1. In these Rules, unless the context otherwise requires :-

66

Appeal means Appeal to His Majesty in Council;

"His Majesty "includes His Majesty's heirs and successors;

Co

66

'Judgment " includes decree, order, sentence or decision ;

Court"

means either the Full Court of the Supreme Court of Hong Kong or other the highest Court of Appeal for the time being established in the Colony of Hong Kong, or a single Judge of such Supreme Court or Court of Appeal, according as the matter in question is one which, under the Rules and Practice for the time being in force in such Supreme Court or Court of Appeal, properly appertains to the said Full Court or to a single Judge of such Supreme Court or Court of Appeal;

"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 may 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

P.C. 293.

3

271

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 au 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 dispatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.

5. Where the judgment appealed from requires the Appellant to pay money or perform a duty, the Court shall have power, when granting leave to appeal, either to direct that the said judgment shall be carried into execution or that the execution thereof shall be suspended pending the Appeal, as to the Court shall seem just.

In case the Court shall direct the said judgment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and sufficient security, to the satisfaction of the Court, for the due performance of such Order as His Majesty in Council shall think fit to make thereon, and in case the Court shall direct that the execution of the said judgment shall be suspended pending the Appeal the Appellant shall enter into security to the satisfaction of the Court to the same and like effect as aforesaid.

6. The preparation of the Record shall be subject to the supervision of the Court, and the parties may submit any disputed question arising in connection therewith to the decision of the Court, and the Court shall give such directions thereon as the justice of the case may require.

7. The Registrar, as well as the parties and their legal Agents, shall endeavour to exclude from the Record all documents (more particularly such as are merely formal) that are not relevant to the subject-matter of the Appeal, and generally to reduce the bulk of the Record as far as practicable, taking special care to avoid the duplication of documents and the unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied or printed shall be enumerated in a list to be placed after the index or at the end of the Record.

8. Where in the course of the preparation of a Record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant, and the other party nevertheless insists upon its being included, the Record, as finally printed (whether in Hong Kong or in England), shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.

P.C. 293.

Vai