SUPREME COURT ORDINANCE, 1873

SUPREME COURT ORDINANCE, 1873

No. 3 of 1873.

An Ordinance to amend the constitution of the Supreme
Court of Judicature.
[13th October, 1873.]

1. This Ordinance may be cited as the Supreme Court
Ordinance, 1873.

* As amended by Law Rev. Ord., 1923.


2. In this Ordinance,
(a) The court means the Supreme Court and includes
any of the judges sitting together or separately, in court or
inchambers.

(b) The Supreme Court means the Supreme Court of
the Colony as reconstituted by this Ordinance.

3. The Supreme Court heretofore established by law shall
continue to exist as reconstituted by this Ordinance, and
shall be as heretofore a court of record and the Supreme
Court of Judicature of the Colony.

4. The Supreme Court shall continue to use the same seal
as heretofore, that is to say, a seal bearing a device and
impression of the Royal Arms, withn an exergue or label
surrounding the same, with this inscription, The Seal of
the Supreme Court of Hongkong, and all writs and other
process issuing out of the court shall be sealed therewith.

5. Such of the laws of England as existed when the
Colony obtained a local legislature, that is to say, on the
5th day of April, 1843, shall be in force in the Colony
except so far as the said laws are inapplicable to the locakl
circumstances of the Colony or of its inhabitants, and except
so far as they have been modified by laws passed by the
said legislature.

6. So much of the practice of the English courts as
existed on 5th day of april, 1843, shall be in force in the
Colony, subject to the same exceptions as are contained in
section 5 in relation to the laws of England.

7. the Supreme Court shall have the same jurisdiction
in the Colony as His majesty's Courts of King's Bench,
Common Pleas, and Exchequer lawfully have or had in
England, and shall be a Court of Oyer and Terminer and
Gaol Delivery, Assize, and Nishi Prius.

8. The Supreme Court shall be a court of equity, with
such and the like jurisdiction as the Court of Chancery has
or had in England; and shall have and execute all and
singular the powers and authorities of the Lord High

* As amended by Law Rev. Ord., 1923.














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
themselves and their estates.

9.-(1) The Supreme Court shall consist of and be
holden by and before a Chief Justice and one or more other
judges.

(2) Every Chief Justice and every Puisne Judge shall,
save as is provided in section 5 (3), of the Full Court
Ordinance, 1912, be appointed by Letters Patent under the
public seal by the Governor, in accordcance with such
instructions as he may receive through a Secretary of State.

(3) The said judges, save as is provided in section 5 (3)
of the Full Court Ordinance, 1912, shall respectively hold p
their offices during the pleasure of His Majesty, subject to
suspension by the Governor in like manner as other officers
in the Colony.

10.-(1) In case the office of any judge in the permanent
service of the Colony becomes vacant by death or otherwise,
it shall be lawful for the Governor to appoint another fit and
proper person to fill the said office until His Majesty's
pleasure is known.

(2) In ease of the temporary illness or absence of any of
the said judges, it shall be lawful for the Governor to appoint
a fit and proper person to fill the office of such judge until
he resumes the duties thereof: Provided always that, until
such appointment is made, the whole business of the court,
except the hearing of matters required to be heard before
the Full Court, shall devolve upon and be transacted by the
remaining or continuing judge or judges in the permanent
service of the Colony.

11. No judge of the Supreme Court shall be capable of
accepting, taking, or performing any other office or place of
profit or emolument not authorised by law, on pain that the
acceptance of any such other office or place as aforesaid shall
be and be deemed in law de facto an avoidance of his office
of judge and the salary thereof shall cease, annd be deemed
to have ceased accordingly, from the time of such acceptance
of such other office or place.

* As amended by Law Am, Ord., 1923.


12. In all cases in which, by any law in force within the
Colony, any judicial or other act is directed or authortsed to
be performed by the Chief Justice, such act may be, performed
by any other judge, and if so performed shall, subject to the
provisions of section 23, be as valid to all intents and purposes
as if the same had been performed by the Chief Justice.

13.-(1) There shall be and belong to the Supreme Court
the following officers, that is to say, a Registrar, two Deputy
Registrars, two clerks of the court, and so many clerks,
interpreters, and other officers as to the Governor may appear
to be necessary for the adminstration of justice and the due
execution of all the powers and authorities which are granted
and committed to the court by this Ordinance. All acts
which under any Ordinance are required to be or may
Lawfully be done by the Registrar, may, unless it, is otherwise
provided, be done by a Deputy Registrar.

(2) The Governor may appoint one or more bailiffs of the
Supreme Court, and may also approve of the appointment
by and such bailiff of a deuputy bailiff.

(3) Each bailiff may, however, act as the deputy of another
and execute any process of the court, although it may have
been directed personally to some other bailiff.

14. The several superior officers of the court who may be
appointed by His Majesty, shall hold their several offices
during the pleasure of His Majesty, subject to suspension by
the Governor in like manner as other officers in the Colony
and all other officers of the Court shall be from
their several offices by the Governor, for reasonable cause.

15. No action shall be brought against the Registrar or
any Deputy Registrar for any act done or omitted to be done
by any bailiff or deputy bailiff without directions from such
Registrar or Deputy Registrar, nor shall any action be
brought against the Registrar or any Deputy Registrar for
any directions given to a bailiff with regard to the execution
or non-exectution or process if such directions are in accord-
ance with an order obtained from the court as hereinafter
mentioned: Provided always that no material fact is wilfully
misrepresented or suppressed by suich Registrar or Deputy
Registrar in obtaining such order.



16. The Registrar may, in case of or difficulty, apply
summarily to the court for an order for the, direction and
guidance of a bailiff, and the court may make such order in
the matter as may seem just and reasonable.

17. No officer of the court shall directly or indirectly ask
or receive any fee or gratuity, not authorised by law, in
respect of any of the duties of his office.

18. If any officer of the court, acting under colour of the
process of the court, is charged with misconduct or with
any wrongful act or neglect in the discharge of the duties of
his office, the court may inquire into the matter in a
way on such evidence as may appear reasonable, and for that
purpose may summon and enforce the attendance of all
necessary parties and withnesses in like manner as the
attendance of witnesses in other cases any be enforced, and
may make such order for the payment of all damages and
costs that may have been caused by any such act or neglect.
as it thinks just, and such fine upon the officer as it
may deem adequate ; and, in default of payment of any
money so ordered to be paid, payment of the same may be
enforced as a judgment recovered in the court: Provided
always that this provision shall not take away any right of
action for damages against any officer; but no action shall
be commenced or continued for any act or omission of such
officer after the court has ordered compensation to be paid
in respect of it under this section.

[ss. 19 and 20, rep. No. 31 of 1911.]

21. The court shall hold its sittings in the present
Supreme Court building or in such other place as the
Governor may by proclamation appoint,.

22. The Chief Justice shall regulate, the distribution of
bussiness in the court and all actions and other proceedings
whatsoever, except appeals, may in the first instance be
heard before any of the judges sitting alone, unless the Chief
Justice directs that the same shall be heard before the Full
Court.

* A proclamation was issued on the 15th January, 1912, appointing that from and
after that date the Supreme Court of Hongkong should no longer hold its sittings
in the building theretofore known as the Supreme Court but should hold its
sittings in the building thenceforth to be known as The Courts of Justice.


23. There shall be all appeal as of right from every dici-
sion of one of the judges sitting alone on the trial of
action or other proceeding. (other than a criminal trial),
every appeal from such decision or from the decision of all
magistrate, and every question of law reserved for further
consideration on any such crirmnal trial, shall be heard
before the Full Court.

[s. 24, rep. No. 27 of 1912.]

25. The Registrar shall direct the process of the court to
be executed by such of the bailiffs as he may think fit.

26. In any case where process is awarded by the court
against,any officer of the court, such process may be issued,
directed, or executed by any other officer of the court as tbe
court may direct.

27. Each bailiff shall serve and execute all process of the
court under the directions of the Registrar, and make a return
of the same, together with the manner of the execution there-
of, to the court, and shall arrest and convey to prison all
such persons as may be committed to his custody by order
of the court.

28. No action shall be brought against a balliff for any
thing done or omitted to be done by him whilst acting under
the directios in writing of the Registrar or in pursuance of
any order made or given by the court as hereinbefore men-
tioned: Provided always that such bailiff does not wilfully
misrepresent or suppress any material fact in obtaining any
such directions from such Registrar.

29. It shall be lawful for the presiding judge in any pro-
ceeding in the court, whether of a civil or criminal nature,
to order and allow to all persons examined or detained as
witnesses in any such proceeding such sum of money as may
seem fit, as well for defraying the reasonable expenses of
such witnesses as for affording them a reasonable compen-
sation for their trouble and loss of time.

30. if any person served with a subpoena to attend the
court as a witness in any action or suit therein, or on the
trial of any indictment or information, refuses or neglects to
attend the court pursuant to such subpoena, or if any person













is guilty of any contempt before the court, it shall be lawful
for the presiding judge to punish such person in a summary
way, by fine not exceeding one hundred dollars or by impris-
onment, without hard labour, for any term not exceeding
two months : Provided that nothing herein contained shall
affect or abridge the right of any plaintiff or defendant to
proceed against any person for not appearing pursuant to his
plaintiff or defendant may have sustained by reason of the
disobedience of such person.

31. If in any cause, action, or suit, civil or criminal, or in
any proceeding connected therewith, it appears to the court
that any peson examined as a witness upon oath has
committed wilful and corrupt perjury it shall be lawful for
the court to commit such witness, as for a contempt of the
for any term not exceeding three months, or
to fine such witness in any sum not exceeding one hundred
dollars: Provided that the powers hereinbefore given shall
be in full force and operation notwithstanding any irregularity
or want of form in the administration of the oath.

32.-(1) It shall be, lawful for the Chief Justice to make
general rules and orders for regulating the times of holding
the court, the forms to be used and the fees to be payable,
therein, and also the fees of counsel and the costs of solicitors:
Provided always that no, such rules or orders shall be binding
until the same have been revised and approved by the
Legislative Council and have been published in the Gazette.

(2) All such rules and orders shall be subject to disallow-
ance by His Majesty.

33. All fees receivable in the court shall be payable in
stamps, subject to the provisions of any Ordinance relating
to stamps.
[Originally No. 12 of 1873. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Cotinuance of the Supreme Court, as reconstituted. Seal of the court. Opeation of laws of England. Operation of practice of English courts. Jurisdiction of the court at common law. Jurisdiction of the court in equity. Reconstitution of the Supreme Court. Ordinance No. 27 of 1912. [cf. No. 2 of 1862, s. 3.] Filling up of vacancies in the court. [cf. No. 3 of 1890, s. 113.] Prohibition of judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the court. Tenure of officer of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the court. Place of holding sittings. Distribution of business. Appeals to the Full Court. [cf. Ordinance No. 3 of 1901, s. 594 et seq.] Registrar to direct process. Process against officer. General mode of execution of process. Protection of bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty of contempt of court. Summary punishment of person guilty of perjury. [cf. No. 5 of 1890, s. 8.] Power to make general rules and orders. Payment of fees by stamps. [cf. No. 8 of 1921.]

[Originally No. 12 of 1873. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Cotinuance of the Supreme Court, as reconstituted. Seal of the court. Opeation of laws of England. Operation of practice of English courts. Jurisdiction of the court at common law. Jurisdiction of the court in equity. Reconstitution of the Supreme Court. Ordinance No. 27 of 1912. [cf. No. 2 of 1862, s. 3.] Filling up of vacancies in the court. [cf. No. 3 of 1890, s. 113.] Prohibition of judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the court. Tenure of officer of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the court. Place of holding sittings. Distribution of business. Appeals to the Full Court. [cf. Ordinance No. 3 of 1901, s. 594 et seq.] Registrar to direct process. Process against officer. General mode of execution of process. Protection of bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty of contempt of court. Summary punishment of person guilty of perjury. [cf. No. 5 of 1890, s. 8.] Power to make general rules and orders. Payment of fees by stamps. [cf. No. 8 of 1921.]

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