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THE HONGKONG GOVERNMENT GAZETTE, 5TH JULY, 1873.

[No. 6 of 1845, s. 6.]

[No. 8 of 1845,

constituted by this Ordinance, and shall be as heretofore a Court

of Record and the Supreme Court of Judicature of the Colony.

V. Notwithstanding the Repeal of Ordinance No. 6 of 1845, Continuation the Chief Justice and all Persons who at the Date of the Passing of Offices in of this Ordinance shall hold any Office in the Supreme Court Supreme

established under Ordinance No. 6 of 1845, shall continue to hold their respective Offices in the said Court as reconstituted by this Ordinance as fully as if they had been reappointed thereunder; and no Claims to compensation in respect of Abolition of Office shall be allowed.

Court,

VI. The Supreme Court shall continue to use the same Seal as Seal of the heretofore, that is to say, a Seal bearing a Device and Impres- Court. sion of the Royal Arms, within an Exergue or Label surrounding the same, with this Inscription, "The Seal of the Supreme Court of Hongkong," and all Writs and other Process issuing out of the said Court shall be sealed therewith.

VII. Such of the Laws of England as existed when the Colony How far the 5. 4. No. 2 of obtained a Local Legislatu e, that is to say, on the 5th Day of Law of Eng- 1846, s. 3, No. April, 1843, shall be in Force within the Colony, subject to the land shall 11 of 1865, s. Provisions of Ordinance No. 11 of 1865 and except so far as the Polony in the said Laws shall be inapplicable to the Local Circumstances of the Colony or of its Inhabitants.

1.]

[No. 6 of 1845, s. 4.]

[Ibid s. 14.]

English Court.

VIII. Such Portions of the Practice of the English Courts as How far the existed on the said 5th Day of April, 1843, shall be in Force Practice of in the Colony, subject to the same Exception as to their Appli- shall prevail. cability as is contained in the last preceding Section in relation to the Laws of England, and except so far as such Practice may be repealed or suspended by any Ordinance for the Time being in Force in the Colony relating to Practice and Procedure.

IX. The Supreme Court shall have the same Jurisdiction in Jurisdiction of the Colony of Hongkong and its Dependencies, as Her Majesty's Court at Courts of Queen's Bench, Common Pleas, and Exchequer, law- Common Law. fully have in England; and shall be a Court of Öyer and Terminer and Gaol Delivery, Assize, and Nisi Prius.

[Ibid, s. 15, & X.. The Supreme Court shall be a Court of Equity, with such In Equity. see Ord. No. 7 and the like Jurisdiction as the Court of Chancery in England; of 1856. Ord. and shall have and execute all and singular the Powers and No. 14 of 1856, Authorities of the Lord High Chancellor of England, with full

s. 1. Ord. No. 3.

of 1858, ss. 4,5, Liberty to appoint and control Guardians of Infants, and their 6. Ord. No. 3 Estates, and also Keepers of the Persons and Estates of Idiots, of 1861.] Lunatics, and such as, being of unsound Mind, are unable to

govern themselves and their Estates.

[No. 6 of 1845, s. 5.]

[Ibid. s. 5.]

[Ibid, 6. 7.]

[Ibid, s. 8.]

[Ibid, s. 9.]

Court.

XI. From and after the Passing of this Ordinance, the Supreme Reconstitution Court shall consist of, and be holden by and before a Chief of Supreme Justice and a Puisne Judge, both to be appointed from Time to Time by Letters Patent under the Public Seal of the Colony, by the Governor, in accordance with such Instructions as he may receive through one of Her Majesty's Principal Secretaries of State; and the s'id Judges shall respectively hold their Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor in like Manner as other Officers in the Colony.

XII. In Case the Office of either of the said Judges shall How Vacancy become vacant by Death, or otherwise, it shall be lawful for the occasioned by Governor to appoint another fit and proper Person to fill either Death, &c. in of the said Offices until Her Majesty's Pleasure be known; and the Court to in Case of the Temporary Illness or Absence of either of the said Judges, it shall be lawful for the Governor to appoint a ft and proper Person to fill the Office of such Judge until he shall resume the Duties thereof.

be filled up.

XIII. No Judge of the Supreme Court shall be capable of Judges to hold accepting, taking, or performing, any other Office or Place of no other Office Profit, or Emolument, on Pain that the Acceptance of any such of Profit. other Office or Place as aforesaid, shall be and be deemed in Law de facto an Avoidance of his Office of Judge, and the Salary thereof shall cease, and be deemed to have ceased accordingly, from the Time of such Acceptance of any such other Office or Place.

XIV. In all Cases in which by any Law in force within the Acts directed Colony, any judicial or other Act is directed to be performed by to performed the Chief Justice, such Act may be performed by the Puisne by the Chief Judge, and if so performed shaft, subject to the Provisions of Justice. Section XVIII be as valid to all Intents and Purposes as if the same had been performed by the Chief Justice.

XV. There shall be and belong to the Supreme Court the officers of the following Officers, that is to say, a Registrar, a Deputy Registrar, Court. a Clerk of the Court, and such and so many Clerks, Interpreters and other Officers, as to the Governor shall from Time to Time appear to be necessary for the Administration of Justice, and the due Execution of all the Powers and Authorities which are granted and committed to the Court by this Ordinance.

XVI. The several Superior Officers of the Court, who now are Officers bow or hereafter may be appointed to their Offices by Her Majesty, to hold Office. Her Heirs, and Successors, shall hold their several Offices during the Pleasure of Her Majesty, subject to Suspension by the Governor, in like Manner as other Officers in the Colony; and all other Officers shall be removable from their several Offices in the said Court by the Governor, upon reasonable Cause.