698530-1873-Supreme-Court-Ordinance- — Page 3

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13. Quad by 17/180m

THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

[No. 2 of 1869, s. 3.]

[No. 6 of 1845, s. 11.]

[No. 6 of 1845, 9. 26.)

[Ibid, s. 27.]

XVIII. There shall be an Appeal as of Right from every Decision Appeals to the

of one of the Judges sitting alune, on the Hearing of any Suit or Full Court. Proceeding (other than a Criminal Trial) and every Appeal from such Decision, or from the Decision of any Magistrate, and all Questions of Law reserved for further Consideration on any such Criminal Trial, shall be heard before the Full Court.

XIX. Whenever the Full Court shall sit under the Provisions Double or of the last preceding Section, or for the Hearing and Deter- casting Vote, mination in the First Instance of any Suit or other Proceeding whatsoever, and there shall be a Difference of Opinion between the Two Judges, the Chief Justice shall have a double or casting Vote.

Three Months

XX. In Case there shall not be a sufficient Number of Bar- Fit Persons to risters, Solicitors, Attornies, and Proctors within the Colony, be admitted to competent and willing to appear and act for the Suitors of the practise for Supreme Court, it shall be lawful for the Chief Justice to admit in Case of Ne- temporarily so many other fit and proper Persons to appear and cessity. act as Barristers, Solicitors, Attornies, and Proctors, as may be necessary, according to such Rules and Regulations as the Chief Justice shall, for that Purpose, make and establish: Provided that the Persons so admitted shall be admitted for a Period of Three Months only, and shall not be re-admitted without obvious Necessity.

to Witnesses.

XXI. It shall and may be lawful, to and for the Presiding Allowance of Judge, in all Proceedings therein, whether of a Civil or Criminal Expenses and Nature, to order and allow to all Persons examined or detained as Compensation Witnesses in any such Proceeding, such Sum or Sums of Money as shall seem fit, as well for defraying the reasonable Expenses of such Witnesses, as for affording them a reasonable Compensa- tion for their Trouble and Loss of Time.

Non-attend-

XXII. If any Person served with a Subpoena to attend the Purishment of Supreme Court as a Witness in any Suit or Action therein, or Witnesses for upon the Trial of any Indictment or Information, shall refuse or ance. neglect to attend the Court pursuant to such Subpoena, or if any Person shall be guilty of any Contempt before the Court, it shall Contempt of be lawful for the Presiding Judge to punish any such Person in Court. a summary Way, by Fine not exceeding One Hundred Dollars, or by Imprisonment for any Time not exceeding Two Months: Provided that nothing herein contained shall affect or abridge the Right of any Plaintiff or Defendant to proceed against any Party for not appearing pursuant to his Subpoena for the Reco- very of any special Daniage such Plaintiff or Defendant may have sustained by reason of the Disobedience of any such Party.

[Ibid, s. 28.] XXIII. If in any Cause, Suit, or Action, Civil or Criminal, or in Summary

any Proceeding connected therewith, it shall appear to the Court Punishment that any Person examined as a Witness upon Oath or De-

for Perjury. claration, or if a Quaker on Affirmation, has committed wilful and corrupt Perjury, or that any Person, in swearing, declaring, or affirming in any Affidavit, Declaration or Affirmation required to be made before the Court, has been guilty of the like Offence, then in each and every such Case, it shall and may be lawful for the Court to direct a Prosecution for Perjury to be forthwith instituted against any such Person so falsely swearing, declaring, or affirming as aforesaid, in order that he may be punished according to Law; or where such Perjury is committed by any Person exa- mined as a Witness in open Court, it shall be lawful for the Court instead of directing such Prosecution to be instituted as aforesaid, either to commit such Witness, as for a Contempt of the Court, to Prison, for any Time not exceeding Three Months, with or without Hard Labor, or to fine such Witness in any Sum not exceeding One hundred Dollars: Provided that the Powers hereinbefore given shall be in full Force and Operation, not- wihtstanding any Irregularity or Want of Form in the Admini- stration of the Oath, Declaration, or Affirmation.

8. 4.]

[See No. 6 of XXIV. It shall be lawful for the Chief Justice to make Power to make 1845, s. 23 and General Rules and Orders, for regulating the Times of holding General Rules No. 2 of 1846, the Court and the Periods of the Vacation thereof, the Forms and Orders,

to be used and the Fees to be payable therein, and also the Fees of Counsel and the Costs of Attorney, and such Rules and Orders from Time to Time to alter, amend, or revoke, as Occasion may require: Provided always that no such Rules or Orders, or any Alteration, Amendment, or Revocation thereof, shall be deemed binding until the same shall have been revised and approved of by the Legislative Council and shall have been published in the Gazette, but all such Rules and Orders and all such Alterations, Amendments and Revocations thereof, when so revised, approved, and published as aforesaid, shall have the same Force and Effect for all Purposes as if the same hud been made by Ordinance and shall in like Manner come into imme- diate. Operation subject to Disallowance by Her Majesty.

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