Sessional_Paper_1912 — Page 36

32

Note.

No. 23 [1.6.12.-4.]

The majority of the Law Committee suggest the deletion of the words in square brackets and the addition of the words in italics.

A

BILL

୮

Ʌthis and in

7

ENTITLED

An Ordinance to make provision for the re-

constitution of the Full Court.

WHEREAS it is deemed expedient to amend the constitu- tion of the Supreme Court [aud to make provision for the appointment of a temporary judge in cases where a suffi- cient number of permanent judges are not available] :

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Full Court Short title. Ordinance 1912 ".

2. In A all existing and future enactments the expression Interpreta- "Full Court" shall mean, subject only to the provisions of tion. whether in Court or this Ordinance, any] two or three judges sitting together, A Chambers.

[

]

Ʌwhen sitting as

a

member thereof

[ ]

[ ]

[ ]

[ ]

[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] A preside Precedence. 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 when- ever 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 differ.} 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.]