ENG-1946 — Page 109

69

Civil Government.

Even then, the business of the Civil Courts was restricted by the continuance in force of the moratorium which prohibited the exercise of any rights or remedies in respect of debts arising before 13th September, 1945, and prohibited with certain exceptions transactions in land and transfer of shares. These provisions were considered neces- sary to preserve the status quo while the various problems and implications resulting from the liquidation of Allied banks by the Japanese, the abolition of the Hong Kong dollar as legal tender and the general disregard by the Japanese of the rights of private property and international law, were examined. The moratorium was still in force at the end of the year.

The Supreme Court.

At the resumption of Civil Government on 1st May, 1946, the normal judicial system was restored. Considerable diffi- culty was encountered as a result of the loss of virtually all the records of the Supreme Court in all its jurisdictions. The Supreme Court consists of two permanent judges, the Chief Justice and a Puisne Judge. The present Chief Justice, Sir Henry Blackall, Kt., K.C., LI.D., assumed his appointment on 5th July, 1946. Additional judges may from time to time be appointed temporarily under section 10 of the Supreme Court Ordinance, No. 3 of 1873, for the purpose of certain appeals, and for the latter part of the year under review an additional judge, having the powers of a Puisne Judge, was appointed to help with the unusually large volume of work before the courts, which is likely to increase further when the moratorium is lifted.

The Supreme Court has the same jurisdiction as His Majesty's Courts of King's Bench, Common Pleas and Exche- quer lawfully have or had in England and is a Court of Oyer and Terminer and Gaol Delivery, Assize and Nisi Prius, with jurisdiction in Probate, Divorce, Admiralty, Bankruptcy and Criminal matters. It is also a Court of Equity with such and the like jurisdiction as the Court of Chancery has or had in England, and has and executes the powers and authorities of the Lord High Chancellor of England with full liberty to appoint and control guardians of infants and their estates and also keepers of the persons and estates of idiots, lunatics and such as, being of unsound mind, are unable to govern them- selves and their estates. The practice for the time being of the English Courts is in force in the Colony and such of the laws of England as existed on the 5th April, 1843, are in force in the Colony except so far as the practice and laws are inapplicable to local circumstances and subject to legislative modifications thereto. All civil claims above the sum of $1,000 are heard in the Court's Original jurisdiction as well as all miscellaneous proceedings concerning questions arising on estates, appointments of trustees, company matters, etc. Civil claims from $5.00 up to and including $1,000 are heard