566527-1929-Supplementary-Drall-Bills--Unclainest-Balance-Bankraptey-Amendment-Supreme-Court-Amendment — Page 8

C.S.O.

121

A BILL

[No. 5-14.2.29.-1.]

INTITULED

An Ordinance to amend the Supreme Court

Ordinance, 1873.

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

1. This Ordinance may be cited as the Supreme Short title. Court Amendment Ordinance, 1929.

of Ordinance

2. Section 6 of the Supreme Court Ordinance, 1873, Amendment is amended by the addition of the following proviso at No. 3 of the end thereof :

"Provided that the practice with regard to writs of certiorari, habeas corpus and manda- mus shall be the practice from time to time for the time being in force in England."

1873, s. 6.

of Ordinance

3. Sub-sections (2) and (3) of section 9 of the Amendment Supreme Court Ordinance, 1873, are amended by the substitution in each case of the words-

"save in the case of a judge appointed by the Governor under the provisions of section 10 of this Ordinance or under the provisions of section 5 (3) of the Full Court Ordinance, 1912"

for the words—

(6

save as is provided in section 5 (3) of the Full Court Ordinance, 1912”

No. 3 of 1873, s. 9.

4. Section 10 of the Supreme Court Ordinance, Amendment 1873, is amended by the addition of the following sub- of Ordinance section at the end thereof :-

(3) If in any other case the Governor for any reason considers it desirable that a tem- porary judge should be appointed in addition to the judges in the permanent service of the Colony, it shall be lawful for him tempor- arily to appoint a fit and proper person to be a judge, and to terminate any such appoint- ment as and when he shall think it desirable.

No. 3 of 1873, s. 10.

Objects and Reasons.

1. At present the power to appoint temporarily a judge of the Supreme Court is confined to the follow- ing cases :-

(a) Where the office of a judge has become vacant by death or otherwise: Ordinance No. 3 of 1873, s. 10 (1).

(b) In case of the temporary illness or absence of a judge: Ordinance No. 3 of 1873, s. 10 (2).

(e) For the purposes of the Full Court Ordinance,

1912: Ordinance No. 27 of 1912, s. 5 (3).