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Lee 18601/ HK.
Section 4 of the Colonial Courts of
Admiralty Act, 1890, provides that a Colonial law
affecting the jurisdiction or practice in a Colonial
court shall be reserved for signification of His
Majesty's pleasure, or contain a suspending clause
such as section 4 in this Ordinance. It does not,
however, require assent to be given by Order-in-
Council. Section 7 provides that Rules of Court may
be made by the same authority and in the same manner
as rules touching the practice etc. in the Colonial
court in the exercise of its ordinary civil jurisdic-
tion, provided that rules made under this section
shall not come into operation until they have been
approved by His Majesty in Council. It is true that
Ordinance No.6 of 1896 contains Rules of Procedure for
the Hong Kong courts in Admiralty matters, but I very
much doubt whether they are rules to which section 7
applies. I assume that the Hong Kong judges have
power to make Rules of Court in ordinary civil matters,
and if this is so, the rules contained in Ordinance No.
6 of 1896 are not made "by the same authority. 25
rules touching the practice...in the exercise of its
ordinary civil jurisdiction", and the proviso to
section 7(1) does not therefore apply.
• •
I should be glad if the above assumption
could be confirmed. I should also like to know
whether Ordinance No.6 of 1896 was sanctioned by
Order-in-Council, as I think the procedure adopted
when that Ordinance was passed should be followed in
connection with this amending Ordinance.
A. Golem Windy.
LF
18601 / HK, chars that in ordinary F
196
rignifying
Misallowance
14.2.33.
sent.
Jtlalder
20.2-33
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