ENG-1947 — Page 127

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JUSTICE, POLICE & PRISONS

The Supreme Court.

Chapter 9.

The Supreme Court consists of two permanent judges, the Chief Justice and a Puisne Judge. 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.

The business of the Civil Courts was restricted by the con- tinuance in force of the moratorium which was still in force at the end of the year. The moratorium 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 necessary 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 inter- national law, were examined. In spite of the restricted business. of the Civil Courts, it was found necessary to maintain the the appointment of an additional judge which was created towards the end of 1946, in order to cope with the unusually large volume of work before the Court, 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 Exchequer 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 persons and estates of idiots, lunatics and such as, being of unsound mind, are unable to govern themselves and their estates.

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