698536-1873-Summary-Jurisdiction-Ordinance- — Page 1

316. THE HONGKONG GOVERNMENT GAZETTE, 4′′н CОTOBER, 1873.

HONGKONG.

ANNO TRICESIMO SEPTIMO VICTORIA REGINE.

SIR ARTHUR ED ENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.

No. 14 OF 1873.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to abolish the Court of Summary Jurisdiction and to confer upon the Supreme Court a Summary Jurisdiction at Law and in Equity.

[30th September, 1873.]

Title.

WHEREAS it is confer upon the Supreme Court a

HEREAS it is expedient to abolish the Court of Summary Preamble.

Summary Jurisdiction at Law and in Equity: 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 Sum- Short Title. mary Jurisdiction Ordinance, 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 Expla-

nation; that is to say:-

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Supreme Court ” or "Court shall include the Chief Justice or the Puisne Judge of the Supreme Court sitting in Court or in Chambers, under this Ordinance.

"Full Court" shall mean the Chief Justice and Puisne Judge sitting together for the Purposes of Appeal.

"Court of Summary Jurisdiction" shall mean the Court established by Ordinance No. 7 of 1862.

Judge" shall mean the Presiding Judge.

"Vacation Judge" shall mean either of the Judges for the Time being remaining in the Colony during the Vacation of the Supreme Court.

"Code of Civil Procedure" shall mean the Code of Civil Procedure introduced by Ordinance No. 13 of 1873.

"

Principal Register" shall mean the Register of Suits established under the Code of Civil Procedure.

"Register of Summary Suits" shall mean the Register of Suits established under this Ordinance.

"Original Jurisdiction" shall mean the Jurisdiction of the Supreme Court on the Trial of Causes under the Code of Civil Procedure.

Registrar" shall mean the Registrar of the Supreme

Court.

"Bailiff" shall mean the Officer appointed to execute the Process of the Supreme Court in its Summary Jurisdiction.

The Court of Summary Jurisdictidy.

III. The Court of Summary Jurisdiction is hereby abolished, Abolition of the and Ordinances No. 7 of 1862, and No. 1 of 1871, and all Rules Court. and Orders of the said Court made thereunder are hereby Repeal of Ordi- repealed, except for the Purpose of completing any

Case or Rules. winding up any Business or Matter whatever pending in the said Court at the Time of the Passing of this Ordinance.

The Supreme Court.

nances and

IV. From and after the Commencement of this Ordinance, it shall Summary be lawful for the Supreme Court to exercise a Summary Jurisdiction Jurisdiction conferred on at Law and in Equity in the Suits or Matters hereinafter mentioned; Supreme and in all Cases in which by any Ordinance, any Proceedings are Court. to be instituted, or any Appeals to be heard, in or before the Court of Summary Jurisdiction, the same may be instituted or heard in or before the Supreme Court under the Provisions of this Ordinance.

V. The Officers of the Court of Summary Jurisdiction shall be Transfer of transferred to, and become Officers of the Supreme Court and as Officers. such, they shall respectively receive Salaries of an Amount equal to, or not less than, the Salaries now attached to their respective Offices in the Court of Summary Jurisdiction; and they shall perform such Duties in the Supreme Court as the Chief Justice shall prescribe.