Directory_and_Chronicle_1931 — Page 336

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THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

grounds of the conviction, and the question of law, and send or deliver it to the Re- gistrar of the Supreme Court.

The jurisdiction of the Full Court under this Article shall be exercised subject to the provisions of this Order.

17. There shall be no Appeal in a criminal case to His Majesty the King in Council from a decision of the Full Court or from a decision of the Judge alone under Article 15, except by special leave of His Majesty in Council.

18. Reports to the Minister under Article 64 of the Principal Order of sentences of death shall not be sent until the expiration of the time allowed for an Appeal, or for applying for leave to appeal, against the conviction, or, if there is an Appeal, until the determination of the Appeal.

APPEALS TO HIS MAJESTY IN COUNCIL

19. Subject to the provisions of this Order, an Appeal shall lie to His Majesty in Council-

(1) As of right, from any final judgment of the Supreme Court made in a civil action, where the matter in dispute on the Appeal amounts to or is of the value of £500 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 £500 or upwards; and (2) At the discretion of the Supreme Court, from any other judgment of the Supreme Court, whether final or interlocutory, if, in the opinion of the Supreme 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.

20. Applications to the Supreme Court for leave to appeal shall be made by motion within fifteen days from the date of the judgment to be appealed from, and, unless the application is made in Court at the time when such judgment is given, the applicant shall give the opposite party notice of his intended application.

21. Leave to appeal under Article 13 shall only be granted by the Supreme Court in the first instance-

(a) Upon condition of the appellant, within two months from the date of the hearing of the application for leave to appeal, giving security, to the satisfaction of the Court, to an amount not exceeding £500, for the due prosecution of the Appeal, and for 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 dispatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.

22. Where the judgment appealed from requires the appellant to pay money or perform a duty, the Supreme 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, and in the 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.