201742-1933-Supplementary-Bills-read-a-first-time--Criminal-Procedure-Amendment-Summary-Offences-Amendment-New-Territories-Regulation-Amendment-Full-Court — Page 11

Ordinance No. 9 of 1899.

Provision for pending appeals and motions.

Repeal of Ordinance No. 27 of 1912, and Ordinance No. 35 of 1931.

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may make as to which they do not differ. If the judgment or order appealed from is not so modified or affected it shall be deemed to be the judgment or order of the Full Court; and if the judgment or order appealed from is so modified or affected it shall, as so modified or affected, be deemed to be the judgment or order of the Full Court.

(3) Subject to the provisions of sub-section (4), where & Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judg- ment or order of the president shall be deemed to be the judgment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order.

(4) Where a Full Court consisting of two judges only sits to determine any question reserved for consideration or any appeal under the Criminal Procedure Ordinance, 1899, and the two judges differ as to the judgment or order to be made. then the matter shall be reheard by a Full Court consisting of three judges, and if no two of such three judges agree as to the judgment or order to be made, then the judgment or order of the trial judge, if he be a member of the Full Court, or of the president. if the trial judge be not a member of the Full Court, shall be deemed to be the judgment or order of the Full Court.

5. Ali appeals and all motions for a new trial or to set aside a verdict, finding or judgment, which have been brought or made before the date of the coming into operation of this Ordinance and which have not been heard and determined before that date, may be continued before and heard and determined by the Full Court as constituted by this Ordinance in all respects as if such appeals and motions had been brought or made since the date of the coming into operation of this Ordinance.

6. The Full Court Ordinance, 1912, and the Full Court Amendment Ordinance, 1931, are repealed. .

Objects and Reasons.

1. The Full Court Ordinance (No. 27 of 1912) made provision for a third member of the Full Court by the inclusion in certain cases of the Judge of His Britannic Majesty's Supreme Court for China or a barrister of not less than seven years standing temporarily appointed by the Governor.

2. The Judge from His Majesty's Supreme Court for China is necessarily unavailable for appeals and other applications to the Full Court which require to be promptly heard and suitable members of the local bar are frequently themselves engaged in the appeals and applications in question. Ordinance No. 27 of 1912 made provision for the deter- mination of such appeals and applications by a Full Court of two judges.