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Ord. No. 52/87
(Cap. 219.)
Service of writ in lieu of demand.
1984 c. 28, s. 139.
Interpretation and application
of sections 21F,
21G and 21H.
1984 c. 28,
s. 140.
(Cap. 126.)
Orders of mandamus, prohibition and
certiorari.
1981 c. 54, s. 29.
(52 of 1987.)
SUPREME COURT (AMENDMENT)
(b) the power of the Court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent; or
(c) section 58(4) of the Conveyancing and Property
Ordinance.
21G. In a case where section 21F has effect, if—
(a) one-half-year's rent is in arrear at the time of the
commencement of the action;
(b) the lessor has a right of re-entry for non-payment of
that rent; and
(c) no sufficient distress is to be found on the premises
countervailing the arrears then due,
the service of the writ in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
21H. (1) In this section and sections 21F and 21G—
"lease" includes-
(a) an original or derivative under-lease; and
(b) an agreement for a lease where the lessee has
become entitled to have his lease granted;
"lessee" includes—
(a) an original or derivative under-lessee; and (b) the persons deriving title under a lessee;
"lessor" includes--
(a) an original or derivative under-lessor; and (b) the persons deriving title under a lessor; "trial" includes the hearing of an application for summary
judgment;
"under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have his under- lease granted;
"under-lessee" includes any person deriving title under an
under-lessee.
(2) Nothing in section 21F shall affect the provisions of the Crown Rights (Re-entry and Vesting Remedies) Ordin-
ance.
211. (1) The High Court shall have jurisdiction to make orders of mandamus, prohibition and certiorari in those classes of cases in which it had power to do so imme- diately before the commencement of the Supreme Court (Amendment) Ordinance 1987.
(2) Every such order shall be final, subject to any right of appeal therefrom.
Injunction to
SUPREME COURT (AMENDMENT)
Ord. No. 52/87
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(3) The power of the High Court under any enactment to require justices of the peace, magistrates or a judge or officer of a District Court to do any act relating to the duties of their respective offices, or to require a magistrate to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdic- tion to make a rule absolute, or an order, for any of those purposes, shall be exercisable by order of mandamus.
(4) In any enactment—
(a) references to a writ of mandamus, of prohibition or of certiorari shall be read as references to the corresponding order; and
(b) references to the issue or award of any such writ shall be read as references to the making of the corresponding order.
21J. (1) Where a person not entitled to do so acts in restrain persons an office to which this section applies, the High Court may— acting in offices
in which they
are not entitled
to act.
1981 c. 54, s. 30.
Application for judicial review. 1981 c. 54, s. 31.
(a) grant an injunction restraining him from so acting;
and
(b) if the case so requires, declare the office to be vacant.
(2) This section applies to any public office or office which has been created by any enactment.
21K. (1) An application to the High Court for one or more of the following forms of relief—
(a) an order of mandamus, prohibition or certiorari; (b) an injunction under section 21J restraining a person not entitled to do so from acting in an office to which that section applies,
shall be made in accordance with rules of court by a proce- dure to be known as an application for judicial review.
(2) An application for a declaration or an injunction (not being an injunction mentioned in subsection (1)) may be made in accordance with rules of court by way of an applica- tion for judicial review, and on such an application the High Court may grant the declaration or injunction claimed if it considers that, having regard to-
(a) the nature of the matters in respect of which relief may be granted by orders of mandamus, prohibition or certiorari;
(b) the nature of the persons and bodies against whom
relief may be granted by such orders; and
(c) all the circumstances of the case,
it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.
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