SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

No. 4 of 1873.

An Ordinance to abolish the Court of Summary Juris-
diction, and to confer upon the Supreme Court a
summary jurisdiction at law and in equity.
[13th October, 1873.]


[Preamble, rep. No. 62 of 1911.]

* As amended by No. 21 of, 1922.
+ As amended by Law Rev. Ord., 1923.


1. This Ordinance may be cited as the Supreme Court
(Summary Jurisdiction) Ordinance, 1873.

2. In this Ordinance,

(a) Bailiff means the officer appointed to execute the
process of the Supreme Court in is summary jurisdiction.

(b) The judge means the presiding judge.

(c) Original jurisdiction means the jurisdiction of the
Supreme Court on the trial of causes under the Code of
Civil Procedure.

(d) The Original Jurisdiction Register means the
Cause-Book kept under the Codeof Civil Procedure.

(e) The REgister of Civil Action, Summary Jurisdic-
tion means the register of actions established under this
Ordinance.

(f) The Registrar means the Registrar of the Supreme
Court.

(g) The Supreme Court or The court includes the
Chief Justice or any other judge sitting in court or in
chambers.

3. The Court of Summary Jurisdiction heretofore estab-
lished is abolished, and its seal and all the records thereof
shall be deposited for custody in the supreme Court.

[s. 4, rep. No. 62 of 1911.]

5. It shall be lawful for the Supreme Court to exercise a
summary jurisdiction at law and in equity in the actions or
matters hereinafter mentioned.

6. the Supreme Court shll have and use, as occasion
may require, an additional seal bearing a device and im-
pression of the Royal Arms within an exergue or label
surrounding the same with the inscription, Supreme Court
of Hongkong, summary Jurisdiction; and every writ or
other process issued by the Supreme Court in its summary
jurisdiction shall be stamped with such seal.

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






























7. It shall be lawful for the Supreme Court to exercise a
summary jurisdiciton at law in all actions where the claim,
debt, or damages sought to be recovered does or do not
exceed the sum of one thousand dollars, and in all actions
for the recovery of the possession of tenements where the
annual rent or value theeof does not exceed that amount.

8. All actions for sums not exceeding one thousand
dollars shall be commenced within three years next after the
cause of actionaccrues unles there has been some contract,
acknowledgment, undertaking, or promise to pay in respect
thereof by the party to be charged within three years before
the commencement of such action.

9. No person shall be precluded or exempted from suing
or being sued for any debt or damages not exceeding one
thousand dollars by reason of his not having attained the full
age of twenty-one years, or by reason of coverture where the
husband is not resident in the Colony.

10. No cause of action which exists at any one time
amounting in the whole to a sum exceeding one thousand
dollars as aforesaid shall be split or divided so as to be made
the ground of two or more different actions in order to bring
such cases within the sumamry jurisdiction of the court, but
if the court fnds that the plaintiff in any case has split his
cause of action as aforesaid, the court shall dismiss the action,
without prejudice, however, to the plaintiff's right to use
upon the casuse of action in such other manner as he may be
advised: Provided that if such plaintiff is satisfied to recover
a sum not exceeding one thousand dollars, then the court
shall and may entertain the action of such plaintiff, and in
case any order is made in favour of such plaintiff, the same
shall be expressed to be, and shall be, in full discharge of
the whole cause of action.

11. Whenever a cause of action under any contract entered
into in relation to any department of the public service, in
which the sum sought to be recovered does not exceed one
thousand dollars, accrues to the Crown against any person,
or whenever any person has a claim against the Crown under
any such contract, the chief officer of such department may
sue and be sued on behalf of the government in respect of




















such cause of action or claim in and by his official capacity
and designation: Provided always that no such action shall
be commenced without the consent of the Attorney General,
and that nothing herein contained shall affect any other
remedy in respect of such cause of action or claim.

12. It sahll be lawful for the Supreme Court to exercise a
summary jurisdiction in equity in the actions or matters
hereinafter mentioned; that is to say:-

(1) in all actions by creditors, legatees, (whether specific,
pecuniary, or residuary), devisees, or next of kin, in which
the personal estate against or for an account or administra-
tion of which the demand is made does not exceed in amount
or value the sum of one thousand dolalrs;

(2) in all actions for the execution of trusts, in which the
trust estate or fund does not exced in amount or value the
sum of one thousand dollars;

(3) in all actions for foreclosure or redemption or for
enforcing any charge or lien, where the mortgage, charge,
or lien does not exceed in amount the sum of one thousand
dollars;

(4) in all actions for the specific performance, or for the
re-forming, delivering up, or cancelling, of any agreement for
the sale, purchase, or lease of any property,where, in the
case of a sale or purchase, the purchase money, or, in the
case of a lease, the value of the property, does not exceed the
sum of one thousand dollars;

(5) in alol actions for the dissoulution or winding-up of any
partnership, in which the whole property, stock, and credits
of the partnership do not exceed in amount or value the sum
of the one thousand dollars;

(6) in all proceedings for orders in the nature of injunc-
tions, where the same are requisite for grantng relief in
any matter in which equitable jurisdiction is given to the
court by this Ordinance:

Provided always, that, on the day of trial specified in the
writ of summons, the judge may make a prelimiary inquiry
into the claim, and, if satisfied that the case is within the
provisions of this section, may ake such orders and give

























such directions with respect to the filing of pleadings and
any other matters as he may deem necessary for the propert
adjudication of the action.

Procedure.

13.-(1) the Registrar shall keep or cause to be kept
a book called the Register of Civil Actions, Sumamry
Jurisdiction, which shall be in the form in the Schedule
or as near thereto as circumstances permit, and shall contain
the enteries specified in the said form.

(2) Every action or proceeding, however instituted, shall
be numbered in each year according to the order in which
the same is commenced.

14. Every action under this Ordinance shall be com-
menced by a writ of summons in the form prescribed by the
Code of Civil Procedure for actions instituted thereunder,
except that every such writ shall be entitled In the
Supreme Court of Hongkong, Summary Jurisdiction, and
shall specify the day of trial, and shall have indorsed
thereon full particulars of the plaintiff's claim.

15. it shall not be necessary for the defendant to enter
an appearance to the writ of summons, but after service there-
of the action shall be tried and determined in a summary
way without pleadings: Provided always that the judge may
order the plaintiff to file, within such time as he may direct,
a written statement of his claim, and may likewise order the
defendant, within such time as aforesaid, to file a written
statement of his defence, and may permit any defence on
equitable grounds.

16. The judge may, in any proceeding before the court,
frame issues of law and of fact for the better trial and deter-
mination of the cause.

17. It shall be lawful for the judge, on such grounds as
he may think sufficien, to review any judgment or decision
given by him, within one month from the date thereof (except
where either party has obtained leave to appeal and the
parties do not agree to the withdrawal of the appeal, and

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






























on such review to re-open and re-try the case, wholly or in
part, and to take fresh evidence, and to reverse, vary, or con-
firm his previous judgment or decision.

18. Except by consent or leave of the court, no cause or
matter in the summary jurisdiction of the court shall be set
down for trial or hearing before at least three clear days from
the service of the writ of summons, and, except by the like
consent or leave, it shall not be competent to the defendant
to enter into any equitable defence or into any special
defence, such as set-off, illegality, want of consideration, or
the statute of limitatios, unless, at least twenty-four hours
written notice thereof has been first given to the plaintiff or
his solicitor or counsel.

19.-(1) No action or other proceeding in the summary
jurisdiction of the court shall be treated or considered as
invalid, or subject to be set aside, on account of any verbal
or technical error; but all errors and mistakes may in all
cases be amended or altered by the court.

(2) Unless the court otherwise directs, all applications to
the court or in chambers which may be necessary in the
course of any such action or proceeding may be make verbally
and without any preliminary formality.

20.-(1) In every cause or matter if the court is satisfied
that any party who is not represented bya solicitor or counsel
is prevented by good cause from attending in person, the
court may permit any relative, friend, or agent of such party,
who satisfies the court that he has authority in that behalf,
to appear on his behalf.

(2) If such authority is in writing, it shall not be liable to
stamp duty.

21. The court may, on the application of either party,
order that a common or special jury consisting of three per-
sons be empanelled for the trial of any cause.

22. The court may allow such reasonable sum of money
for the attendance and loss of time of parties and withnesses
as it may think fit, and the same may be recovered as costs
in the cause.
























23. In the execution of a judgment or order the bailiff
shall in the first instance, if practicable, levy on the goods,
chattels, and effects of the party against whom it is made,
and in the efent of hisnot being able to find sufficient goods,
chattels, or effects, and of the said party failing to point out
to his notice any property whereon to levy, the bailiff hsall
enforece the judgment or order by personal arrest and impris-
onment.

24. No execution awarded against the goods of any party
shall extend or be construed to extend to deprive any land-
lord of the power vested in him by the Act 8 Anne. c. 18, or
any enactment relating to the recovery of rent.

25. If any claim is made to or in respect of any goods or
chattels taken in execution under the process of the court, or
in respect of the proceeds or value thereof, by any landlord
for rent or by any person not beng the party against whom
such process has issued, it shall be lawful for the Registrar,
on the application of the officer charged with the execution
of such process, as well before as after any action brought
agsinst such officer, to issue a summons calling before the
court as well the party issuing such process as the party
making such claim, and thereupon the court shall adjudicate
on such claim and make such order between the parties in
respect thereof, and of the costs of the proceedings, as to if
may seem fit, and such order shall be enforced on like manner
as any order made in an action under this Ordinance.

26. The provisions of the Code of Civil Procedure shall
be applied, mutatis mutandis, to actions brought under this
Ordinance so far as the same can be made applicable thereto
unless the court in any case, for the avoiding of delay or
in furtherance of substantial justice, thinks fit otherwise
to direct, and except where the said provisions may, in the
opinion of the court, be unsuitable or may conflict or be
inconsistent with any provisions of this Ordinance.

[s. 27, rep. No. 7 of 1902 and No. 13 of 1911.]

* 8 Anne. c. 18 is equivalent to the 8 Anne. c. 14 of
Ruffhead's edition.





















28. In case the court is of opinion that, notwithstanding
the provisions of this Ordinance, an action commenced in its
summary jurisdiction ought to be tried in its original
jurisdiction, the court may order that the entry of such
action in the REgister of Civil Actions, Summary Jurisdiction,
be transferred to the Original Jurisdiction Register.

29. In case the court is of opinion that an action com-
menced in its original jurisdiction ought to have been com-
menced in its summary jurisdiction, or in case the plaintiff's
claim is reduced by payment, an admitted set-off, or otherwise
to a sum not exceeding one thousand dollars and the action
is in other respects within the summary jurisdiction, the
court may order that the entry of such action in the Original
Jurisdiction Register be transferred to the Register of Civil
Actions, Summary Jurisdiction.

30.-(1) It shall not be necessary on the transfer of an
action for the plaintiff to issue a new writ, but the Registrar
shall indorse on the same writ a memorandum that the action
has been transferred by order of the court.

(2) The action shall then be carried on as if it had been
commenced in the jurisdiction of the court to which it has
been so transferred, and the court may make any special
orders in respect of any aaction so transferred which it may
deem necessary or expedient for carrying out the provisions
of sections 28 and 29.

31. No costs shall be allowed to a successful plaintiff in
any action brought by him in the original jurisdiction of the
court which might have been tried in its summary jurisdic-
tion, unless the action has been so brought by leve of the
court or the court is of opinion at the trial that the action
was one which it was expedient to bring in such manner.

32. All questions relating to fees and costs shall be
determined by the Registrar, subject to a review on summary
application to the court in chambers; and the amount allowed
on such taxation or review shall be recoverable as a judgment
debt.

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



























33. In all proceedings before the court in its summary
jurisdiciton solicitors may practise as advocates.

34.-(1) A Puisne Judge shall, as a general rule, preside
at the trial of all actions in summary jurisdiciton.

(2) In case either party to an action is dissatisfied with his
decision of any question of fact or of law arising in the case,
he may, within seven days from the date of the judgment,
apply to the full Court for leave to appeal, and the Full Court
may grant leave to appeal on such terms as to notice and
other matters as it may think fit: Provided always that the
Full Court may extend the time for such application, either
before or after the expiration thereof.

35. Where the appeal is from the decision of a question
of fact, the Full Court may deal with the case solely upon
the evidence originally taken or may re-examine any witness
or may admit further evidence.

36. Where the appeal is from a ruling or judgment on a
question of law or on matter of discretion only, it shall be
heard upon a case to be stated by the parties ( and, in the
event of any difference, to be settled by the Full Court), in
which case shall be set forth so much of the pleadings, if
any, the evidence, and the ruling or judgment objected to as
may be necessary to raise the question for the decision of the
Full Court.

37. The Full Court shallhave power on every appeal,
whether on a question of fact, or of law or of discretion, to
try the case de now.

38. the court may stay execution on the application of
the appellant for such time and on such terms, if any, as to
security or otherwise, as it may deem just.

39. The sittings of the court shall take place on such days
as may be fixed by the court.

40. Until forms are prescribed for use under this Ordi-
nance by any general rule or order of the Supreme Court,
and so far as the same may be incomplete, all forms from
time to time in use in the Supreme Court or in the Court of


























Sumamry Jurisdiction, or forms to the like effect, with such
variations and additions as circumstances require, may be
used for the purpose of carrying out the provisions of this
Ordinance, and shall (as regards the form thereof) be valid
and sufficient.


SCHEDULE. [s.13.]

REGISTER OF CIVIL ACTIONS, SUMMARY JURISDICTION.

SUPREME COURT, SUMMARY JURISDICTION.

Register of actions in the Year 19

[Originally No. 14 of 1873. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 3 of 1901. Abolition of Court of Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitations of actions. Infacy or covertue no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of Civil Actions. Schedule. Commencement of action by writ of summons. Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleador by bailiff. Application of Ordinance No. 3 of 1901. Transfer of action to original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain case where summary action brought in original jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in summary jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Powers of Full Court on appeal. Stay of execution. Sittings of court. Application of present forms.

[Originally No. 14 of 1873. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 3 of 1901. Abolition of Court of Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitations of actions. Infacy or covertue no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of Civil Actions. Schedule. Commencement of action by writ of summons. Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleador by bailiff. Application of Ordinance No. 3 of 1901. Transfer of action to original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain case where summary action brought in original jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in summary jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Powers of Full Court on appeal. Stay of execution. Sittings of court. Application of present forms.

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