CO129-486 - Public Offices - 1924 — Page 153

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

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any unnecessary prolixity in the Case, and shall disallow the costs occasioned thereby,

151. Where the Judicial Committee directs a party to bear the costs of an Appeal incurred in China, such costs shall be taxed by the proper officer of the Supreme Court in accordance with the rules for the time being regulating taxation in the Supreme Court.

152. The Supreme Court shall execute any Order which His Majesty in Council may think fit to make on an Appeal from a judgment of the Full Court in like manner as any original judgment of the Supreme Court should or might have been executed.

153. This Order shall not affect the right of His Majesty in Council at any time, on the humble petition of a person aggrieved by a decision of the Full Court, to admit his appeal on such terms and in such manner as His Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.

PART V.-PROCEDURE, CRIMINAL AND CIVIL.

154.-(1) In every case, civil or criminal, Minutes of the pro- ceedings shall be drawn up, and shall be signed by the Judge before whom the proceedings are taken, and shall, where the trial is held with assessors, be open for their inspection and for their signature if concurred in by them.

(2) These Minutes, with the depositions of witnesses, and the notes of evidence taken at the hearing or trial by the Judge, shall be preserved in the public office of the Court.

155. The Judge of the Supreme Court may make Rules of Court-

(a) For regulating the pleading practice and procedure in the Courts established under this Order with respect to all matters within the jurisdiction of the respective Courts;

(b) For regulating the means by which particular facts may

be proved in the said Courts;

(c) For prescribing any forms to be used;

(d) For prescribing or regulating the duties of the officers

of the said Courts;

(e) For prescribing scales of costs and regulating any matters

in connection therewith;

(f) For prescribing and enforcing the fees to be taken in

respect of any proceedings under this Order;

(g) For prescribing the allowances to be made in criminal cases to complainants, witnesses, jurors, assessors, interpreters, medical practitioners, and other persons employed in the administration of justice, and the conditions upon which an order may be made by the Court for such allowances;

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((h) For conferring jurisdiction upon Provincial Courts in matters dealt with in the Companies Ordinances, and for specifying in such Rules the Courts by which and the classes of cases in which such jurisdiction shall be exercised; (i) For regulating any matter dealt with in the Companies Ordinances which under those Ordinances are to be regulated by Rules;

() For the purpose of regulating the manner of presenting Criminal Appeals, as to the papers which are to be sent to the Full Court, and the transmission of the same, and generally as to the conduct of such Appeals and all matters connected therewith;

(k) For taking and transmitting dispositions of witnesses for use at trials in a British possession or in the United Kingdom;

(1) For regulating the mode in which legal practitioners are to be admitted to practise as such, and for with- drawing or suspending the right to practise on grounde of misconduct, subject to a right of appeal to His Majesty in Council.

Where under any Act of Parliament which is applicable to China, Rules may or are required to be made in England by the Lord Chancellor or any judicial authority, the powers of this Article shall include a power to make such Rules for the purposes of that Act so far as applicable.

Rules framed under this Article shall not have effect until approved by the Secretary of State, and, so far as they relate to fees and costs, sanctioned by the Treasury; but in case of urgency declared in any such Rules with the approval of the Minister, the same shall have effect unless and until they are disapproved by the Secretary of State, and notification of such disapproval is recorded and published by the Judge of the Supreme Court.

156.-(1) The Court may in any case, if it thinks fit, on account of the poverty of a party or for any other reason, to be recorded in the Minutes, dispense with or remit the payment of any fee in whole or in part.

(2) Payment of fees payable under any Rules to be made in pursuance of this Order, and of costs and of charges and expenses of witnesses, prosecutions, punishments, and deportations and of other charges and expenses, and of fines respectively payable under this Order, may be enforced under order of the Court by seizure and sale of goods, and, in default of sufficient goods by imprisonment as a civil prisoner for a term not exceeding one month, but such imprisonment shall not operate as a satisfaction or extinguishment of the liability.

(3) Any bill of sale or mortgage, or transfer of property made with a view of avoiding seizure or sale of goods or ship under any provision of this Order, shall not be effectual to defeat the provisions of this Order.

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