ORDINANCE No. 6 of 1845.
Supreme Court.
4. And be it further enacted and ordained, that the law of England shall be in full force in the said Colony of Hongkong, except where the same shall be inapplicable to the local circumstances of the said Colony, or of its inhabitants; and that in all matters relating to the practice and proceedings of the said Supreme Court, the practice of the English Courts shall be in force, unless and until otherwise ordered by rule of the said Court.
5. And be it further enacted and ordained, that the said Supreme Court of Hongkong shall consist of, and be holden by, and before, a Judge to be called the Chief Justice of the Supreme Court of Hongkong and its dependencies, and 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 from Her Majesty, Her Heirs and Successors; and such Chief Justice shall hold his office during the pleasure of Her said Majesty, subject to suspension by the Governor in like manner as other officers in the said Colony: Provided that in case the said office of Chief Justice shall become vacant by death or otherwise, it shall be lawful for the Governor to appoint another fit and proper person to fill the said office of Chief Justice, until Her said Majesty's pleasure be known; or in case of the temporary illness or absence of the Chief Justice, it shall be lawful for the Governor to appoint another fit and proper person to fill the said office of Chief Justice until the Chief Justice shall resume the duties of his said office.
6. And be it further enacted and ordained, that the said Supreme Court shall have and use, as occasion may require, a seal, bearing a device and impression 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 sealed therewith.
7. And be it further enacted and ordained, that no Judge of the said Supreme Court shall be capable of accepting, taking, or performing, any other office or place of profit or emolument, on pain that the acceptance of any such other office or place as aforesaid, shall be and be deemed in law de facto an avoidance of his office of Judge, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place.
8. And be it further enacted and ordained, that there shall be and belong to the said Supreme Court the following officers, that is to say, a Registrar, a clerk, and an interpreter thereof, and such, and so many other officers, as to the Governor, or Acting Governor for the time being, of the said Colony, shall from time to time appear to be necessary for the administration of Justice, and the due execution of all the powers and authorities which are granted and committed to the said Court by this Ordinance.
9. And be it further enacted and ordained, that the several superior officers of the said Court, who now are, or hereafter may be appointed to their said offices by Her Majesty, Her Heirs and Successors, shall hold their several offices during the pleasure of Her said Majesty, subject to suspension by the Governor, in like manner as other officers in the said Colony.
Page 121
How far the law of England to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other office of profit.
Officers of the Court.
Officers how to hold office.
ORDINANCE No. 6 of 1845.
Supreme Court.
4. And be it further enacted and ordained, that the law of England shall be in full force in the said Colony of Hongkong, except where the same shall be inapplicable to the local circumstances of the said Colony, or of its inhabitants; and that in all matters relating to the practice and proceedings of the said Supreme Court, the practice of the English Courts shall be in force, unless and until otherwise ordered by rule of the said Court.
5. And be it further enacted and ordained, that the said Supreme Court of Hong- kong shall consist of, and be holden by, and before, a Judge to be called the Chief Justice of the Supreme Court of Hongkong and its dependencies, and 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 from Her Majesty, Her Heirs and Successors; and such Chief Justice shall hold his office during the pleasure of Her said Majesty, subject to suspension by the Governor in like manner as other officers in the said Colony: Provided that in case the said office of Chief Justice shall become vacant by death or otherwise, it shall be lawful for the Governor to appoint another fit and proper person to fill the said office of Chief Justice, until Her said Majesty's pleasure be known; or in case of the temporary illness or absence of the Chief Justice, it shall be lawful for the Governor to appoint another fit and proper person to fill the said office of Chief Justice until the Chief Justice shall resume the duties of his said office.
6. And be it further enacted and ordained, that the said Supreme Court shall have and use, as occasion may require, a seal, bearing a device and impression 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 sealed therewith.
7. And be it further enacted and ordained, that no Judge of the said Supreme Court shall be capable of accepting, taking, or performing, any other office or place of profit or emolument, on pain that the acceptance of any such other office or place as aforesaid, shall be and be deemed in law de facto an avoidance of his office of Judge, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place.
8. And be it further enacted and ordained, that there shall be and belong to the said Supreme Court the following officers, that is to say, a Registrar, a clerk, and an interpreter thereof, and such, and so many other officers, as to the Governor, or Acting. Governor for the time being, of the said Colony, shall from time to time appear to be. necessary for the administration of Justice, and the due execution of all the powers and authorities which are granted and committed to the said Court by this Ordinance.
9. And be it further enacted and ordained, that the several superior officers of the said Court, who now are, or hereafter may be appointed to their said offices by Her Majesty, Her Heirs and Successors, shall hold their several offices during the pleasure of Her said Majesty, subject to suspension by the Governor, in like manner as other
121
How far the law of England to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no other office of profit.
Officers of the Court.
Officers how to
hold office.
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