11740-1909-General-Rules-as-to-Appeals-to-the-Privy-Council — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.

No. 113. The following is published for general information.

19th February, 1909.

F. H. MAY,

Colonial Secretary.

STATUTORY RULES AND ORDERS, 1908.

No. 1288.

JUDICIAL COMMITTEE.

Jurisdiction and Procedure: General Rules as to Appeals. THE JUDICIAL COMMITTEE RULES, 1908.

AT THE COURT AT BUCKINGHAM PALACE,

THE 21ST DAY OF DECEMBER, 1908.

PRESENT

THE KING'S MOST EXCELLENT MAJESTY

ARCHBISHOP OF CANTERBURY.

LORD PRESIDENT.

W1

LORD CHAMBERLAIN.

LORD FITZMAURICE.

HEREAS there was this day read at the Board a representation from the Judicial

Committee of the Privy Council in the words following, viz. :-

"The Lords of the Judicial Committee having taken into consideration the Practice and Procedure in accordance with which the general Appellate Jurisdiction of Your Majesty in Council is now exercised and being of opinion that the Rules regulating the said Practice and Procedure ought to be consolidated and amended Their Lordships do hereby agree humbly to recommend to Your Majesty that with a view to such consolidation and amendment certain Orders of Her late Majesty Queen Victoria in Council regulating the said Practice and Procedure, viz. the Orders in Council dated respec- tively the 11th day of August 1842 the 13th day of June 1853 the 31st day of March 1855 the 24th day of March 1871 and the 26th day of June 1875 and also the Order of Your Majesty in Council dated the 20th day of March 1905 amending the said Practice and Procedure ought to be revoked and that the several Rules hereunto annexed ought to be substituted therefor."

HIS MAJESTY having taken the said representation into consideration was pleased by and with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the said Orders in Council in the said representation mentioned be and the same are hereby revoked and that the Rules hereunto annexed be substituted therefor.

Rule.

ARRANGEMENT OF RULES.

1. Interpretation.

Leave to appeal,

2. Leave to appeal generally.

Special Leave to appeal.

3. Form of Petition for special leave to appeal.

4. Three copies of Petition to be lodged together with Affidavit in

support.

5. Time for lodging Petition.

6. Security for costs and transmission of Record.

7. General provisions.

8. Petitions for special leave to appeal in formâ pauperis.

"