1316
Appeal to Supreme Court.
Rehearing in Supreme Court.
Appeal to Privy Coun cil.
THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.
Appeals and Rehearings.
113.—(1.) Where an action in a Provincial Court involves the amount or value of 251. or upwards, any party aggrieved by any decision of that Court, with or without assessors, in the action shall have the right to appeal to the Supreme Court against the same, on such terms and conditions as may be prescribed by Rules of Court.
(2.) In any other case, the Provincial Court may, if it seems just and expe- dient, give leave to appeal on like terms.
(3.) In any case the Supreme Court may give leave to appeal on such terms as seem just.
114.-(1) The Supreme Court may, if it thinks fit, on the application of any party, or of its own motion, order a rehearing of an action, or of an appeal, or of any arguments on a verdict or on any other question of law.
(2.) The provisions of this Order respecting a hearing with a jury or assessors shall extend to a rehearing of an action.
(3.) The Supreme Court may, if it thinks fit, direct any rehearing to be before the full Court.
(4) If the party applying for a rehearing has by any order been ordered to pay money or do any other thing, the Court may direct either that the order be carried into execution, or that the execution thereof be suspended pending the rehearding, as it thinks fit.
(5.) If the Court directs the order to be carried into execution, the party in whose favour it is given shall before the execution give security to the satisfaction of the Court for the performance of such order as shall be made on the rehearing.
(6.) If the Court directs the execution of the order to be suspended, the party against whom it is given shall, before an order for suspension is given, give security to the satisfaction of the Judge for performance of such order as shall be made on the rehearing.
(7.) An application for a rebearing shall be made within the prescribed time.
Appeals to His Majesty in Council.
115.-(1.) Where a final judgment or order of the Supreme Court made in a civil action involves the amount or value of 5001., or upwards, any party aggrieved thereby may, within the prescribed time, or, if no time is prescribed, within fifteen days after the same is made or given, apply by motion to the Supreme Court for leave to appeal to His Majesty the King in Council.
(2.) The applicant shall give security to the satisfaction of the Court to an amount not exceeding 5007. for prosecution of the appeal, and for such costs in the event of the dismissal of the appeal for want of prosecution as the Supreme Court may award, and for payment of all such costs as may be awarded to any respondent by His Majesty in Council, or by the Lords of the Judicial Committee of His Majesty's Privy Council.
(3.) He shall also pay into the Supreme Court a sum estimated by that Court to be the amount of the expense of the making up and transmission to England of the transcript of the record.
(4.) If security and payment are so given and made within two months from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal to His Majesty in Council according to the rules
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