XN000022-1987-06-12 — Page 10

FRIDAY, JUNE 12, 1987

IN 1984 A SUB-COMMITTEE OF THE SUPREME COURT RULES COMMITTEE,

SOLICITORS AND CROWN COUNSEL, COMPRISING A JUDGE, BARRISTERS,

WAS

UNDER ESTABLISHED

THE CHAIRMANSHIP OF MR JUSTICE KEMPSTER TO UNDERTAKE A THOROUGH REVIEW OF THE SUPREME COURT ORDINANCE.

NUMBER THE SUB-COMMITTEE MADE A

OF RECOMMENDATIONS MOST OF CONTAINED IN THIS WHICH HAVE BEEN ADOPTED BY THE GOVERNMENT AND ARE

CIVIL COURT'S

JURISDICTION BILL. THESE PROPOSALS RELATE ONLY TO THE AND NOT TO ITS PRACTICE AND PROCEDURE IN CRIMINAL CASES.

SOME OF THE CHANGES MADE BY THE BILL ARE AS FOLLOWS:

*

CLAUSE THREE SUPREME COURT HONGKONG",

CHANGES

OF

THE NAME OF THE COURT

"THE FROM JUDICATURE" TO "THE SUPREME COURT OF

CLAUSE 18 INTRODUCES A NUMBER OF NEW SECTIONS. SECTIONS 21F, 21G AND 21H CODIFY THE RULES RELATING TO THE COURT'S POWER TO GRANT RELIEF FROM FORFEITURE OF A LEASE WHEN THE TENANT HAS FAILED TO PAY RENT DUE.

EXTEND THE THE EXERCISE TWO JUSTICES ONLY

CLAUSE 27 INSERTS A NEW SECTION 34B TO CIRCUMSTANCES IN WHICH THE COURT OF APPEAL IN OF ITS CIVIL JURISDICTION MAY CONSIST OF ONLY OF APPEAL, AT PRESENT IT MAY CONSIST OF TWO JUSTICES FOR HEARING APPEALS AGAINST INTERLOCUTORY

ORDERS

OR

JUDGMENTS.

CLAUSE 29 PROVIDES THAT DEPUTY REGISTRARS AND ASSISTANT REGISTRARS OF THE SUPREME COURT MAY BE CALLED MASTERS. IS IN LINE WITH THE TITLE GIVEN TO SUCH OFFICERS THROUGHOUT THE COMMONWEALTH.

THIS

* CLAUSE 36 ABOLISHES ALL WRITS OTHER

THE SCHEDULE.

THAN

THOSE LISTED IN

PROVIDES THAT

CLAUSE 37 SUBSTITUTES A NEW SECTION 48 WHICH INTEREST MAY BE INCLUDED IN ANY JUDGMENT NOT ONLY IN RESPECT OF THE DEBT OR DAMAGES FOR WHICH JUDGMENT IS GIVEN BUT ALSO UP ΤΟ THE IN RESPECT OF ANY SUM PAID BEFORE THE JUDGMENT, DATE OF PAYMENT. THE AWARD OF INTEREST IS MADE SUBJECT TO RULES OF COURT.

ONE PROPOSAL OF THE

SUB-COMMITTEE,

THAT

+

THERE SHOULD BE A AGAINST THE CROWN

AND ARGUMENTS FOR

ΤΟ BE

POWER IN THE COURT TO GRANT INTERIM DECLARATIONS

THE IS TO BE FURTHER STUDIED BY

ADMINISTRATION,

IN A DISCUSSION PAPER AGAINST THE PROPOSAL WILL BE SET OUT

SHORTLY AND CIRCULATED TO INTERESTED PARTIES FOR THEIR

ISSUED COMMENTS.

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