ARTICLES
CHINESE CUSTOMARY LAW IN HONGKONG'S NEW TERRITORIES. SOME LEGAL PREMISES.
EDWIN HAYDON
Last year [1961—Editor] the legislation regulating the New Territories of Hong Kong was amended1 and jurisdiction was conferred on the Supreme Court of Hong Kong and on the District Courts subordinate to it.
"to hear and determine all questions and disputes at law or in equity in connexion with or in anywise arising out of or regarding any land in the New Territories."
At the same time the Land Officer was divested of his former powers to decide questions of land in the New Territories summarily,3 and District Officers were divested of the summary jurisdiction, which for many years4 they had exercised in Small Debts Courts, in actions or matters where the claim, debt or damages sought to be recovered did not exceed one thousand dollars. Since 1953 the District Courts had exercised a concurrent jurisdiction with the Small Debts Courts in such actions. The effect, therefore, of this amending legislation was to confer from henceforth exclusive jurisdiction in all proceedings arising in the New Territories on the courts of law staffed by the professional Judiciary.
Section 17 of the New Territories Ordinance reads:
"In any proceedings in the Supreme Court or the District Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land.
So much is clear in respect of land cases, but in respect of other proceedings which may involve Chinese custom or customary right one must search further back to the source from which the British Crown's rights in the New Territories spring.
1
ARTICLES
CHINESE CUSTOMARY LAW IN HONGKONG'S NEW TERRITORIES. SOME LEGAL PREMISES.
EDWIN HAYDON
Last year [1961-Editor] the legislation regulating the New Territories of Hong Kong was amended' and jurisdiction was conferred on the Supreme Court of Hong Kong and on the District Courts subordinate to it-
"to hear and determine all questions and disputes at law or in equity in connexion with or in anywise arising out of or regarding any land in the New Territories."
At the same time the Land Officer was divested of his former powers to decide questions of land in the New Territories summarily,3 and District Officers were divested of the summary jurisdiction, which for many years' they had exercised in Small Debts Courts, in actions or matters where the claim, debt or damages sought to be recovered did not exceed one thousand dollars Since 1953 the District Courts had exercised a concurrent jurisdiction with the Small Debts Courts in such actions. The effect, therefore, of this amending legislation was to confer from henceforth exclusive jurisdiction in all proceedings arising in the New Territories on the courts of law staffed by the professional Judiciary
Section 17 of the New Territories Ordinance reads-
"In any proceedings in the Supreme Court or the District Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land.
17
So much is clear in respect of land cases, but in respect of other proceedings which may involve Chinese custom or customary right one must search further back to the source from which the British Crown's rights in the New Territories spring.
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