698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 2

408 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873.

1

13

[No. 6 of 1845, s. 6.1.

[No. 8 of 1845,

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Constitution of the Supreme Court of Judicature of the Colony.

[

, 1873.]

Titic.

WHEREAS it is expedient to amend the Constitution of Preamble.

the Supreme Court of Judicature of the Colony, by pro-

viding for the Appointment of a Puisne Judge in addition to the Chief Justice of the sair. Court: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may

inance, 1873."

be cited as "The Supreme Court Ord- Short Title.

II. The following Terms and Expressions shall be understood Interpretation as hereinafter defined or explained, unless there be something in Clause. the Subject or Context repugnant to such Definition or Explana- tion; that is to say:-

"Court" shall mean the Supreme Court and shall include the Chief Justice and the Puisne Judge of the Supreme Court sitting together or separately in Court or in Cham-

bers.

"Full Court" shall mean the Chief Justice and the Puisne Judge sitting together.

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"Supreme Court" shall mean the Supreme Court of the Colony established under Ordinance No. 6 of 1845, and re-constituted by this Ordinance.

III. Ordinances No. 6 of 1845, No. 2 of 1846 and No. 1 of Repealing. 1869 are hereby repealed, subject nevertheless as regards the Clause. first two Ordinances hereinbefore mentioned to the Provisions

of Section: IV and V next hereinafter contained.

IV. Notwithstanding the Repeal of Ordinance No. 6 of 1845, Supreme Court the Supreme Court established under that Ordinance shall not not to be be deemed to be abolished, but shall continue to exist as re- deemed abo- constituted by this Ordinance, and shall be as heretofore a Court, of Record and the Supreme Court of Judicature of the Colony.

lished.

Court..

V. Notwithstanding the Repeal of Ordinance No. 6 of 1815, 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 re-constituted by this Ordinance as fully as if they had been re-appointed thereunder; and no Claims for Compensation in respect of Abolition of Office shall be allowed.

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 scaled therewith.

VII. Such of the Laws of England as existed when the Colony How far the s. 4., No. 2 of obtained a Local Legislature, 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 Colony.

prevail in the said Laws shall be inapplicable to the local Circumstances of the Colony or of its Inhabitants.

1.]

[No. 6 of 1845, 5. 4.1

[Ibid, s. 14.]

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- English Courts

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 the 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.