FULL COURT ORDINANCE, 1912

FULL COURT ORDINANCE, 1912

No. 27 of 1912.

To make provision for the reconstitution of the Full Court.

[in force 1st December, 1912.]

WHEREAS it is deemed expedient to amend the constitution of the
Supreme Court and to make provision for the appointment of a
temporary judge in cases where a sufficient number of permanent

judges are not available: -

1. The Full Court Ordinance, 1912

2. In this and in all existing and future enactments the expres-
sion ' Full Court' shall mean, subject only to the provisions of
this Ordinance, any two or three judges sitting together, whether
in Court or Chambers, 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 bear and
determine the appeal.

3. The Chief Justice shall as a general rule preside in the Full
Court

Provided however that the Judoe of Bis 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 whenever he is present in the full court.

4.-(1) where a full Court consisting of three judges sits the

-judgment or order of any two of them shall be 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 other-
wise 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 judg-
ment or order of the said Senior Judge.

5. When three judges in the permanent service of the Colony
shall not be available the following provisions shall apply -

(1) In all interlocutory appeals, appeals from the Court in its
summary jurisdiction, appeals from any Magistrate (including a
Marine Magistrate), in all cases where the Full Court sits to hear


and determine points reserved for its consideration and in all cases
where the Full Court does not sit in appellate Jurisdiction the Full
Court shall consist of two judges only.

(2) In all other cases the Full Court shall consist of three judges
one of whom shall be the judge of Bis Britannic Majesty's Supreme
Court, for China (if the Principal Secretary of State for Foreign
Affairs has consented to such appointment) or a barrister of not
less than 7 years standing temporarily appointed by the Governor

from time to time for the purposes of this sub-section

Provided that the provisions of this section, notwithstanding
that three judges in the permanent service of the Colony shall be

available, shall also apply whenever and for such periods as the
Governor by notification in the Gazette may so direct.

5a. All appeals and all motions for a new trial or to set aside a
verdict, finding or judgment, which have been brought or made
before the date of the coming into operation of this Ordinance and
which have not been heard and determined before that date, may
be continued before and heard and determined by the Full Court
as constituted by this Ordinance in all respects as if such appeals
and motions had been brought or made since the date of the coming
into operation of this Ordinance.

[ss. 6, 7, and the schedule, rep. No. 43 of 1912.]

Short title. Interpretation. Precedence. Rule where Judges defer. Procedure where there permanent judges are not available. Procedure in special circumstances where three permanent judges are available. Provision for pending appeals and motions.

Short title. Interpretation. Precedence. Rule where Judges defer. Procedure where there permanent judges are not available. Procedure in special circumstances where three permanent judges are available. Provision for pending appeals and motions.

https://oelawhk.lib.hku.hk/items/show/1003

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