ENG-1950 — Page 85

IX.

JUSTICE, RECORDS, POLICE AND PRISONS.

The Supreme Court

The Supreme Court consisted throughout the year of the Chief Justice and two Puisne Judges. The Supreme Court has jurisdiction similar to that of His Majesty's Courts of King's Bench, Common Pleas and Exchequer in England, the Judges having the power to hear and determine criminal and civil cases before a jury and to deliver convicts to gaol. The Judges also have jurisdiction in Probate, Divorce, Admiralty and Bankruptcy. It is also a Court of Equity with jurisdiction similar to that of the Court of Chancery in England, and has the same authority as the Lord High Chancellor of England to appoint and control guardians of infants and their estates and keepers of persons of unsound mind who are unable to govern themselves and their estates.

The practice of the English Courts is in force in the Colony, except where, being inapplicable to local circumstances, it has been modified by Hong Kong legislation. The civil procedure of the courts was codified by the Code of Civil Procedure, Ordinance No. 3 of 1901, which modified and in some instances excluded provisions The laws of England as made in the English Rules of Practice. they existed in that country on 5th April 1843 are in force in the Colony except where such laws are inapplicable to local circumstances or have been subject to local legislative modification.

Until November 1950 all civil claims above the sum of $1,000 were heard in the Court's Original Jurisdiction as well as all miscellaneous proceedings concerning questions arising on estates, Civil claims from appointments of trustees and company matters.

$5 up to and including $1,000 were heard in the Court's Summary Jurisdiction by the Puisne Judge as were all matters arising out of distraints for non-payment of rent. In November, however, an amending Ordinance came into force which raised the monetary limit of actions from $1,000 to $5,000.

Cases in the Probate, Divorce, Admiralty and Bankruptcy Jurisdictions of the Court are usually heard by the Chief Justice. Indictable offences are first heard before magistrates and are com- mitted to the criminal sessions which are held once a month; these cases are usually divided between three judges.

69