12463-1909-Rules-for-regulating-Appeals-to-H-M-in-Council-from-the-Supreme-Court-of-Hongkong — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 1, 1909.

AND WHEREAS it is expedient, with a view to equalizing as far as may be the conditions under which His Majesty's subjects in the British Dominions beyond the Seas shall have a right of Appeal to His Majesty in Council and to promoting uniformity in the practice and procedure in all such Appeals that new provision should be made for Appeals from the said Supreme Court to His Majesty in Council:

AND WHEREAS His Majesty has been pleased by His Instructions under the Royal Sign Manual and Signet bearing even date with this Order to revoke the said Instructions dated the 21st day of January, 1846, so confirmed as aforesaid :

IT IS HEREBY ORDERED by the King's Most Excellent Majesty, by and with the advice of His Privy Council, that the Rules hereunder set out shall regulate all Appeals to His Majesty in Council from the said Colony of Hongkong and its Dependencies.

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1. In these Rules, unless the context otherwise requires

Appeal" means Appeal to His Majesty in Council :

"His Majesty" includes His Majesty's heirs and successors;

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Judgment" includes decree, order, sentence or decision ;

"Court" mean either the Full Court of the Supreme Court of Hongkong or other the highest Court of Appeal for the time being established in the Colony of Hongkong, or a single Judge of such Supreme Court or Court of Appeal, according as the matter in question is one which, under the Rules and Practice for the time being in force in such Supreme Court or Court of Appeal, properly appertains to the said Full Court or to a single Judge of such Supreme Court or Court of Appeal;

"Record" means the aggregate of papers relating to an Appeal (including the

pleadings, proceedings, evidence and judgments) proper to be laid befor His Majesty in Council on the hearing of the Appeal ;

it

Registrar" means the Registrar or other proper officer having the

the Records in the Court appealed from;

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Month means calendar month;

Words in the singular include the plural, and words in the plural include the

singular.

2. Subject to the provisions of these Rules, an Appeal shall lie-

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(a) as of right, from any final judgment of the Court, where the matter in dispute on the Appeal amounts to or is of the value of $5,000 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 $5,000 or upwards ; and

(b) at the discretion of the Court, from any other judgment of the Court, whether final or interlocutory, if, in the opinion of the Court, the question involved in the Appeal is one which, by reason of its great general or public im- portance, or otherwise, ought to be submitted to His Majesty in Council for decision.

3. Applications to the Court for leave to appeal shall be made by motion or petition within 14 days from the date of the judgment to be appealed from, and the Applicant shall give the opposite party 7 days' notice of his intended application and such notice may be given at any time during the said period of 14 days.

4. Leave to appeal under Rule 2 shall only be granted by the Court in the first instance :-

(a) upon condition of the Appellant, within a period to be fixed by the Court, but not exceeding three months from the date of the hearing of the application for leave to appeal, entering into good and suffi- cient security, to the satisfaction of the Court, in a sum not exceeding $5,000, for the due prosecution of the Appeal, and 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

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