25505-1912-Ordinance-passed-and-assented-to--Full-Court-No-27-of-1912 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 23, 1912.

No. 265.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:-

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Ordinance No. 27 of 1912.-An Ordinance to make provision for the reconstitution

of the Full Court.

HONGKONG.

No. 27 or 1912.

An Ordinance to make provision for the

constitution of the Full Court.

Jassent to this Ordinance.

LS

F. H. MAY, Governor.

[23rd August, 1912.]

Short title.

Interpreta- tion.

Precedence.

Rule where Judges differ.

Procedure

where three permanent judges are not avail. able.

WHEREAS it is deemed expedient to amend the constitu- tion of the Supreme Court and to make provision for the appointment of a temporary judge in cases where a suffi- cient number of permanent judges are not available:

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Full Court- Ordinance 1912".

2. In this and in all existing and future enactments the expression "Full Court shali mean, subject only to the provisions of this Ordinance, any two or three ju sitting together, whether in Court or Chambers, provided however that where more than two judges in the per- manent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Fall Court of two judges only, sitting to hear and determine the appeal.

3. The Chief Justice shall as a general rule preside in the Full Court.

Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside when-- ever he is present in the Full Court.

4.—(1.) Where a Full Court consisting of three judges sits the judgment or order of any two of them shall be: deemed the judgment or order of the Full Court.

(2.) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ then the judgment, or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court.

(3.) Where a Fall Court cousisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ the judgment or order of the Chief Justice or in his absence of the Senior Judge 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 of the said Senior Judge.

5. When three judges in the permanent service of the Colony shall not be available and also whenever the Governor by notification in the Gazette so directs the foliowing provisions shall apply-

(1.) In all interlocutory appeals, appeals from the court in its summary jurisdiction, appeals from