1923_FULL_COURT_ORDINANCE__1912 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

FULL COURT.

No. 27 of 1912.

2199

2. In this and in all existing and future enactments, "Full Court" shall mean, subject only to the provisions of this Ordinance, any two or three judges sitting together, whether in court or chambers, provided however that where more than two judges in the permanent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only, sitting to hear and determine the appeal.

3. The Chief Justice shall as a general rule preside in the Full Court:

Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court.

4. (1) Where a Full Court consisting of three judges sits, the judgment or order of any two of them shall be deemed the judgment or order of the Full Court.

(2) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court.

(3) Where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judgment or order of the Chief Justice or in his absence of the senior judge shall be deemed to be the judgment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order of the said senior judge.

5. When three judges in the permanent service of the Colony shall not be available, the following provisions shall apply:-

(1) In all interlocutory appeals, appeals from the court in its summary jurisdiction, appeals from any magistrate (including a marine magistrate), in all cases where the Full Court sits to hear and determine points reserved for its consideration, No. 3 of 1890, s. 113 and No. 3 of 1873, s. 9.

* As amended by Law Rev. Ord., 1921.

† As amended by No. 27 of 1915.

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FULL COURT. No. 27 of 1912. 2199 2. In this and in all existing and future enactments, "Full Court" shall mean, subject only to the provisions of this Ordinance, any two or three judges sitting together, whether in court or chambers, provided however that where more than two judges in the permanent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only, sitting to hear and determine the appeal. 3. The Chief Justice shall as a general rule preside in the Full Court: Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court. 4. (1) Where a Full Court consisting of three judges sits, the judgment or order of any two of them shall be deemed the judgment or order of the Full Court. (2) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court. (3) Where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judgment or order of the Chief Justice or in his absence of the senior judge shall be deemed to be the judgment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order of the said senior judge. 5. When three judges in the permanent service of the Colony shall not be available, the following provisions shall apply:- (1) In all interlocutory appeals, appeals from the court in its summary jurisdiction, appeals from any magistrate (including a marine magistrate), in all cases where the Full Court sits to hear and determine points reserved for its consideration, No. 3 of 1890, s. 113 and No. 3 of 1873, s. 9. * As amended by Law Rev. Ord., 1921. † As amended by No. 27 of 1915.

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FULL COURT. No. 27 of 1912. 2199 * 2. In this and in all existing and future enactments, "Full Interpreta- Court" shall mean, subject only to the provisions of this tion. Ordinance, any two or three judges sitting together, whether in court or chambers, provided however that where more than two judges in the permanent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only, sitting to hear and determine the appeal. 3. The Chief Justice shall as a general rule preside in the Precedence. Full Court: Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is carlier in date than the appointinent of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court. 4. (1) Where a Full Court consisting of three judges Rule where sits, the judgment or order of any two of them shall be judges deemed the judgment or order of the Full Court. (2) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ, then the judginent or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court. (3) Where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judgment or order of the Chief Justice or in his absence of the senior judge shall be deemed to be the judg- ment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order of the said senior judge. differ. 5. When three judges in the permanent service of the Constitution Colony shall not be available, the following provisions shall of the Court apply:- when three permanent not available. + (1) In all interlocutory appeals, appeals from the court in judges are its summary jurisdiction, appeals from any magistrate (including a marine magistrate), in all cases where the Full No. 3 of 1890, s. 113 Court sits to hear and determine points reserved for its con- and No. 3 of 1873, s. 9.7 *K As amended by Law Rev. Ord., 192 1. † As amended by No. 27 of 1915. J i : ¡ |

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FULL COURT.

No. 27 of 1912.

2199

2. In this and in all existing and future enactments, "Full Interpreta- Court" shall mean, subject only to the provisions of this tion. Ordinance, any two or three judges sitting together, whether in court or chambers, provided however that where more than two judges in the permanent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only, sitting to hear and determine the appeal.

3. The Chief Justice shall as a general rule preside in the Precedence. Full Court:

Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is carlier in date than the appointinent of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court.

4. (1) Where a Full Court consisting of three judges Rule where sits, the judgment or order of any two of them shall be judges deemed the judgment or order of the Full Court.

(2) Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ, then the judginent or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court.

(3) Where a Full Court consisting of two judges only sits otherwise than in appellate jurisdiction and the two judges differ, the judgment or order of the Chief Justice or in his absence of the senior judge shall be deemed to be the judg- ment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court consisting of three judges if applied for within fourteen days after the delivery of the judgment or order of the said senior judge.

differ.

5. When three judges in the permanent service of the Constitution Colony shall not be available, the following provisions shall of the Court apply:-

when three permanent

not available.

(1) In all interlocutory appeals, appeals from the court in judges are its summary jurisdiction, appeals from any magistrate (including a marine magistrate), in all cases where the Full No. 3 of 1890, s. 113 Court sits to hear and determine points reserved for its con- and No. 3 of

1873, s. 9.7

As amended by Law Rev. Ord., 192 1.

† As amended by No. 27 of 1915.

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