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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 11, 1936.
Governor in Council empowered
in any appeal to state case for the
opinion of Full Court
on question of law.
Order of Governor
13.-(1) In any appeal under the provisions of section 12 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.
(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.
Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 12.
14. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme enforced by Court as if it had been an order of that court.
in Council
the Court.
Renumbering
of sections
12 and 13 of Ordinance
No. 16 of 1935.
3. Sections 12 and 13 of the Public Health (Animals and Birds) Ordinance, 1935, are renumbered sections 15 and 16 respectively.
Passed the Legislative Council of Hong Kong, this 9th day of September, 1936.
D. M. MacDougall,
Deputy Clerk of Councils.
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