20244-1911-Ordinances-passed-and-assented-to--Crown-Lands-Resumption-Amendment-No-28-of-1911 — Page 20

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340

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Judicial definitions.

D.-Judicial Definitions,

High Court' meaus, when used with reference to England or Ireland, His Majesty's High Court of Justice in England or Ireland, us the case may be.

*Court of Assize" “Assizes",

OF

meaus. as

respects England, Wales, and Ireland, a Court of Assize, a Court of Oyer and Terminer, and a Court of Gaol Delivery, or any of them, and as respects England and Wales, includes the Central Criminal Court:

and as respects Hongkong, means the Supreme Court, either one Judge or the Full Court, sit- ting in its criminal jurisdiction; and unless it is specially provided that any offence is to be or may be tried summarily before a Magistrate or otherwise, all offences shall be triable before the Supreme Court sitting in its criminal juris-

diction.

· Supreme Court" means the Supreme Court of

Hongkong.

• Full Court

means the Chief Justice and the Paisne Judge sitting together in Court or in Chambers.

** Probate Court" means, as respects Hongkong, the Supreme Court sitting in its probate jurisdic- tion.

• Bankruptcy Court" means, as respects Hongkong, the Supreme Court sitting in its bankruptcy jurisdiction.

· Colonial Court of Admiralty" means, as respects Hongkong, the Supreme Court sitting in its Admiralty jurisdiction.

"Court means the Supreme Court as well as any

other Court holden in the Colony,

་་

Magistrate means a Magistrate appointed under Ordinance No. 3 of 1990, but does not include the Marine Magistrate in cases not coming within section 8 of the said Ordinance, unless such Magistrate is expressly indicated; and unless the contrary intention appears, the ex- pression "triable before a Magistrate" or "tried Summarily", or any other expression having the like intent, means that an offence may be tried as provided by Ordinance No. 3 of 1890 and the expression "on summary conviction or "on conviction before a Magistrate", and any other expression having the like intent, means that the offence to which it relates was triable, and has been tried, and the offender convicted, as provided by the said Ordinance; and in both cases the procedure respecting the imposition of fines and forfeitures and all other provisions respecting the jurisdiction of the Magistrate. and the procedure of such trial, shall be held to be included; and where by any Ordinance an offence is made punishable by summary con- viction, the Magistrate, or two Magistrates, as the case may require, shall be decuted there- by to be invested with jurisdiction to try any person accused of such offence.

..

"Judge' means any Judge of the Supreme Court : and where any civil jurisdiction is required to be exercised by a Judge, such jurisdiction, if it is not otherwise expressed, shall be exercis able by a Judge sitting in Chambers. Rules of Court" means, when used in relation to any Court, rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such Court, together with the forms necessary thereto.

The power of the said authority to make rules of Court as above defined shall include a power to make rules of Court for the purpose of any Ordinance hereafter to be passed directing or authorising anything to be done by rule of Loud.

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