THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
a Puisne Judge of the said Court, both of the said Judges to be appointed by Letters Patent under the Public Seal of the Colony, from Time to Time, by the Governor of Hongkong, in accordance with such Instructions as he may receive through one of Her Majesty's Principal Secretaries of State, and the said 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.
Court
IV. In Case the Office of either of the said Judges shall become How Vacancy vacant by Death, temporary Illness, Absence or otherwise, occasioned by it shall be lawful for the Governor to appoint another fit Death, are to and proper Person to fill either of the said Offices until Her be filled up. Majesty's Pleasure be known, or until the said Judge shall resume the Duties of his said Office: Provided that in Case of a Vacancy occurring in the Office of Chief Justice by reason of his Death, Absence, Illness or otherwise, it shall be lawful for the Puisne Judge to, and he shall fill the said Office, until the Governor has appointed some fit and proper Person to fill the same as herein- before provided.
Court to be
V. Save as hereinafter provided and where the State of the Busi- In what Cases ness of the Supreme Court shall so permit, and where it is otherwise Sittings of practicable, all Suits for Claims of more than Five hundred Dollars held by both and upwards, formally instituted under "The Hongkong Code of Judges. Civil Procedure,” and all Motions and Applications to the said Court arising out of or Incidental to such Suits (except Motions of Course and all such Motions and Applications as ordinarily are by the Practice of the said Court or by any Rules of the said Court to be hereafter framed may be made before a Judge in Chambers) and all Applications and Motions arising out of any Trial at any Criminal Sessions held in the Colony, and any Cause, Matter or Proceeding arising out of or belonging, or incidental to any Prerogative Writ issued by the Court, and any Appeal from any Order, Judgment or Decree made or passed by any Judge sitting in Bankruptcy, and any Appeal from any Judgment or Decision of any Police Magistrate, or any Cause, Matter or Proceeding arising out of any Case stated by any Police Magistrate for the Opinion of the Court, shall be tried, heard and decided before and by the full Court, consisting of the Chief Justice and Puisne Judge: Provided always that in all Suits where a Jury has been empanelled to try any Suit or Issue of Fact, the Chief Justice or Puisne Judge shall alone preside at the Trial of such Suit or Issue of Fact.
full Court
VI. An Appeal shall lie to the full Court from any Decision, Appeal to the Judgment or Order made or passed by any Judge in Chambers, from Order in upon any Summary Motion or Application, by Leave of such Chambers. Judge, and upon such Terms, Restrictions or Conditions as he thinks fit to impose; and from any Judgment, Order or Decree From Judg- made or passed by any Judge under the Summary Procedure ment under Clauses of the "Civil Code," for the Recovery of Claims not
Summary Pro- cedure Clauses. exceeding Five hundred Dollars; and by Leave of the Judge making the same, from any Order, Judgment or Decree made or From Order in
Bankruptcy. passed by any Judge sitting in Bankruptcy.
.be defined.
VII. Except as hereinafter provided where upon the Trial or Judgment of Hearing of any Suit, Motion or Application by and before the full Court, how to Court the Judges shall differ in their Opinions, the Judgment of the Chief Justice shall be taken to be the Judgment of the Court: Provided always that where the Matter comes before the Court by way of Motion for a new Trial, or of Appeal, and the Judges shall differ in their Opinions that Judgment shall be taken to be the Judgment of the Court which is adverse to the Party moving for a new Trial or to the Appellant.
VIII. There shall be and belong to the Supreme Court sitting in Officers of the its Summary Jurisdiction the following Officers, that is to say:
Court in its
Jurisdiction.
A Clerk of Court, an Interpreter, a Shroff, and a Bailiff Summary and such and so many Officers as to the Governor of the Colony shall from Time to Time appear to be necessary.
Advocates in
IX. It shall be lawful for all Attornies and Solicitors duly Attornies, &c., enrolled in the Supreme Court to practice as Advocates in the said to practice as Court sitting in its Summary Jurisdiction in the same Manner as the Court in they have hitherto been permitted to practice in the Court of its Summary Summary Jurisdiction.
Jurisdiction.
X. The Judges of the Supreme Court may frame Rules and Judges to Orders for regulating the Practice of the said Court, its Times of frame Rules. Sitting and the Forms of Proceedings therein, to be approved of by the Legislative Council, and with the like Approval may
rescind, vary or alter the same.
XI. Wherever the Term "Chief Justice" or "Judge of the Sum- Interpretation mary Jurisdiction Court" occurs in any existing Ordinance, it shall of the Term be read and construed as applying to the Judges of the Supreme Court.
Chief Justice.
XII. There shall be no Period of Vacation for the Supreme Court Vacation. sitting in its Summary Jurisdiction.
XIII. This Ordinance and Ordinance No. of 1872, shall be Construction. read and construed as one Ordinance.
XIV. This Ordinance shall not come into Force until Her Ma- Suspending jesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.
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