698530-1873-Supreme-Court-Ordinance- — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

Keretofore By foc

Revised by Carmington

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

[No. 6 of 1845,

HONGKONG.

ANNO TRICESIMO SEPTIMO

VICTORIA REGINA.

SIR ARTHUR EDWARD KENNEDY,. K.C.M.G., C.B.. Governor and Commander-in-Chief.

No. 12 or 1873.

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.

WE

[30th September, 1873.]

Title.

HEREAS 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 said Court: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Supreme Court Ord- Short Title. inance, 1873."

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 Supremo Court sitting together or separately in Court or in Cham-

bers.

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

"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 Ordinances No. 6 of 1845, No. 2 of 1846 and No. 1 of Repealing 1869 are hereby repealed, subject nevertheless as regards the Clause.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 Sections IV and V next hereinafter contained.

deemed abo-

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-fished. constituted by this Ordinance, and shall be as heretofore a Court of Record and the Supreme Court of Judicature of the Colony.

Court.

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 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 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.

the

VII. Such of the Laws of England as existed when the Colony How far the 5. 4., No. 2 of obtained a Local Legislature, that is to say, on the 5th Day of Law of Eng-

land shall 1846, s. 3, No.

April, 1843, shall be in force within the Colony, subject to the 11 of 1865, s.

prevail in the Provisions of Ordinance No. 11 of 1865 and except so far as the Colony. said Laws shall be inapplicable to the local Circumstances of the Colony or of its Inhabitants.

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