1912_RULES_FOR_APPEALS_TO_THE_PRIVY_COUNCIL — Page 3

PRIVY COUNCIL APPEALS.

of January, 1846, and confirmed by Article XXVII of Her Majesty's Instructions dated the 19th day of January, 1888, to make provision for permitting and regulating Appeals to Her Majesty in Council from the Supreme Court of the Colony of Hongkong and its Dependencies:

AND WHEREAS it is expedient, with a view to equalizing as far as may be the conditions under which His Majesty's subjects in the British Dominions beyond the Seas shall have a right of Appeal to His Majesty in Council and to promoting uniformity in the practice and procedure in all such Appeals that new provision should be made for Appeals from the said Supreme Court to His Majesty in Council:

AND WHEREAS His Majesty has been pleased by His Instructions under the Royal Sign Manual and Signet bearing even date with this Order to revoke the said Instructions dated the 21st day of January, 1846, so confirmed as aforesaid:

IT IS HEREBY ORDERED by the King's Most Excellent Majesty, by and with the advice of His Privy Council, that the Rules hereunder set out shall regulate all Appeals to His Majesty in Council from the said Colony of Hongkong and its Dependencies.

1. In these Rules, unless the context otherwise requires :-

Appeal" means Appeal to His Majesty in Council;

"His Majesty" includes His Majesty's heirs and successors; "Judgment" includes decree, order, sentence or decision;

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Court means either the Full Court of the Supreme Court of Hongkong or other the highest Court of Appeal for the time being established in the Colony of Hongkong, or a single Judge of such Supreme Court or Court of Appeal, according as the matter in question is one which, under the rules and practice for the time being in force in such Supreme Court or Court of Appeal, properly appertains to the said Full Court or to a single Judge of such Supreme Court or Court of Appeal;

"Record" means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before His Majesty in Council on the hearing of the appeal; "Registrar" means the Registrar or other proper officer having the custody of the records in the Court appealed from:

"

'Month" means calendar month;

Words in the singular include the plural, and words in the plural include the singular.

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Interpreta- tion.

2. Subject to the provisions of these Rules, an appeal shall lie— When (a) as of right, from any final judgment of the Court, where the will lie:-

appeals

matter in dispute on the appeal amounts to or is of the value of $5,000 as of right; or upwards, or where the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amount- ing to or of the value of $5,000 or upwards; and