APPEALS FROM JUSTICES ORDINANCE
Title
APPEALS FROM JUSTICES ORDINANCE
Description
'Justice ' to
include
'Court,' and
11 Party to
include
' Crown.'
Meaning of
''Apellant'
and RI.
spond ent.'
ORDINANCE No. 4 of 1858.
Appeals from Justices.
No. 4 of 188.
An Ordinance for Summary Jurisdictions and Appeals to the.
Supreme Court.
[22nd March, 18a8.]
BE it enacted and ordained by His Excellency the Governor of Honl-a)-
kong, with the advice of the Legislative Council thereof, as.
follows :--
1. The word 'Justice' in this Ordinance shall include every Court
of Summary Jurisdiction, and whether of primary Jurisdiction or ap-
pellate, except the Supreme Court ; and the word 'Party 'shall include
the Crown; and the word 'Appellant' shall mean the party applying
under section 2 of this Ordinance; and the word 'Respondent' shall
mean the opposite party.
Application 2. Within three (',seven'.' as amended by Ordinance No. 8 of
1889,
may be made
within three clear days after the determination by a Justice o(' any suit,
information,
days to state;
a case; and or complaint, which he bath or shall have power to determine
in a,
must be
granted summary way, either party to the matter so determined may apply in
eg°°~t it be
frivwriting to the said Justice to state and sign a case setting forth
the facts.
o ons. of the said matter, and the grounds of the said determination, fur
the
opinion of the Supreme Court thereon; which application the said Justice
is hereby required to grant, unless he have reason to believe that the
same is merely frivolous, (in which case only he may refuse the same,).
and shall thereupon, upon receiving from the said appellant the Crown
fee of one current dollar, sign and deliver unto him a certificate of such
refusal; yet so as that, if any such application be made officially by
the-
Attorney General, or under his fiat, the Justice to whom the same is
made shall be bound to grant the same, whatever may be his belief in,
that behalf.
Recognisance
of appeal.
3. On the said application being granted, and before the said. case-
being stated and delivered by the said Justice, the appellant shall enter
into a reconnisance before him, or any other Justice exercising the same.
jurisdiction, with or without sureties, and in what sum to the said
Justice`
shall seem meet, conditioned to prosecute his appeal its that behalf,
with-
out delay and with. effect, . and to- submit to the judgment of the said.
Supreme Court, and pay such costs as may be awarded by the same; and-
Fce,> pay i,ul°. the said appellant slaalh likewise, before ;the
delivering of ,the said case;:
ORDINANCE No. 4 OF 1858.
Appeals from Justices.
pay, in respect of the said recognisance and case respectively, to the
clerk
taking the said recognisance and delivering the said case respectively,
the Crown fees according to the scale following, that is to say:-
For ,the said recognisance, two current dollars.
For drawing and copying the case, if not exceeding five folios,
of seventy-two words each, three current dollars.
If the case e< teed the said five folios, then for every additional
folio, tty cents.
4. If the appellant he in custody at the time of the taking of the
said recognisance, the same shall be farther conditioned for his appear-
ance before the said Justice, or (if that be unsuitable) before some other
Justice, who shall be sitting and exercising the same jurisdiction, with-
in ten days after the judgment shall have been given by the Supreme
Court on the said appeal, to abide the said judgment, unless thereby the
determination so appealed against shall have been reversed: And every
such appellant, upon entering into a recognisance so further conditioned
as aforesaid, shall be immediately liberated from such custody.
5, In case o£ the refusal of a Justice to state or deliver a case under
this Ordinance, the appellant may, upon an affidavit of the facts, apply
to the Supreme Court for a rule calling upon the said Justice, and also
upon the respondent, to show cause why the said case should not be
stated or delivered; which rule (if granted) pray afterwards be made
absolute or discharged by the said Court, with or without payment of
costs by the said Justice or either party, as the circumstances shall re-
quire; and if the carne be made absolute, the said Justice shall, upon
being served therewith, and upon the conditions specified in sections 8
and 4 respectively being complied with, state and deliver a case accord-
6. Within three clear days after a case has been delivered to an
appellant under this Ordinance, he shall first transmit a copy thereof
with a notice in writing of his appeal to the respondent, and shall there-
upon transmit the said case to the Supreme Court, and the case when so
transmitted shall be set down for argument in Court or in Chambers, -by
the, Registrar. of the said Court, at the request of either party, four
clear
days before the day appointed for the said .argument; yet, so as that,
notice in writing of t-he carne having been so set ,down be given by, the
Further con-
dition in cage
appellant is
in custody.
If the Justice
refuses, the
supreme
Court may
rule a case to
be stated.
Costs.
Cases to be -
transmitted,
Cc., within
throe class ;
and set down
four clear
days before -'
argument: :
-Orders of the
-Court shall be
-conclusive.
oetcrmsus,-
tinnh after
appeal mad
Ire enforced.
Certiorari 0).
nrrtc-ndtt-ru.2cF
,got required.
Forfeited re-
c;o;;nisan,<;e.
ORDINANCE \To..4 of 1si;8.
Appeals from Justices.
.party so requesting, to the opposite party, four clear days before the
day
so appointed.
7, The Supreme Court shall hear and determine every question of
law or fact, arising upon a case so set down, and shall (according to the
circumstances thereof) affirm, amend, or revere, the determination in
respect whereof the said case shall have been stated, or remit the matter
of such determination with the said Court's opinion thereon to the said
Justice, or make such other order with respect tc>, the said matter, as
shall be requisite to the due adjudication thereof, or remit the said case
to him, with direction to make a new determination, or (as the case may
be) to amend the same, and to return it to the said Court, within such
time as the said Court may direct, and shall postpone judgment thereon,
until after the same shall have been so returned, and then shall deliver
judgment thereon accordingly, as to the said Court shall seem meet;
and the said Court may likewise male all such orders with respect to
costs, as shalll he deemed meet; save that no Justice, who shall have
stated and delivered a case under this Ordinance, shall be liable to costs
for or by reason of the same, or of the determination in respect whereof
the carne shall have been stated.
$. The Lave=s relating to the enforcement by Justices or others, of
determinations of Justices not appealed against under this Ordinance,
shall extend to and be applied by Justices or others in the enforcement
of determinations affirmed, or amended, or made under this Ordinance,
and also to the judgments of said Supreme Court, upon any appeals under
the same; and all Justices shall be bound to conform themselves in the
premises to the directions, opinions, and judgments of the said Court.
9. No certiorari, mandamus, or other writ, shall be requisite for
carrying into effect this Ordinance.
10. The Laws for the time being in force with respect to the pro-
ceeding upon 1°ecobnisances forfeited before Justices or at sessions,
shall
extend to all recognisances which shall be taken under this Ordinance;
and any of the conditions whereof shall not have been complied with;
yet so as that, upon every such recognisance there shall be endorsed the
certificate of a Justice, stating in what respect the said conditions have
not been complied with, which certificate shall be, deemed to be pri?rrei
facie evidence of the forfeiture of the said recognisance. .
No. 4 of 1858.
Appeals from Justices.
11. The Supreme Court shall have power (with consent of the General rnias
And orders of
Legislative Council) to make and alter from tune to time any general the
Supreme
rules and orders of Court, for the better regulation of the practice and
Court.
proceedings under this Ordinance, and- subject thereto and to this Ordi-
nance the said practice and proceedings shall be regulated, so far as
prac-
ticable, by analogy to the practice and proceedings for the time being
observed in the Superior Courts of Law at Westminster, with respect to
appeals under the Act of Parliament of the twenty-first year of the
Queen, 21 Viet. e. 43:.
chapter forty-three.
12. Henceforward the Summary Jurisdiction of Petty Sessions in cri-
ininal cases shall not be ousted merely because the offence charged or
proved shall amount to a burglary, housebreaking, breaking or entering
a curtilage, stealing in a dwelling-house, shop, or cartilage, or stealing
from the person: Yet so as that it shall be the duty of the said Court and
of all Justices (where the offence is of an aggravated nature) to commit
such offenders to the Supreme Court for trial,
NOTE.- This Ordinance is repealed by Ordinance No. 10 of IS0O as,from lst
January,
1891, subject to Her Majesty's right of disallowance.
'Justice' to include 'Court,' and 'Party' to include 'Crown.'
Meaning of 'Appellant' and 'Respondent.'
Application may be made within three days to state a case; and must be granted except it be frivolous.
Recognisance of appeal.
Fees payable.
Further condition in case appellant is in custody.
If the Justice refuses, the Supreme Court may rule a case to be stated.
Costs.
Cases to be transmitted, &c., within three days; and set down four clear days before argument.
Orders of the Court shall be conclusive.
Costs.
Determinations after appeal may be enforced.
Certiorari or mandamus not required.
Forfeited recognisance.
407
General rules and orders of the Supreme Court.
21 Vict. c. 43.
Summary convictions for burglaries, &c.
(See Ord. No. 6 of 1862.)
include
'Court,' and
11 Party to
include
' Crown.'
Meaning of
''Apellant'
and RI.
spond ent.'
ORDINANCE No. 4 of 1858.
Appeals from Justices.
No. 4 of 188.
An Ordinance for Summary Jurisdictions and Appeals to the.
Supreme Court.
[22nd March, 18a8.]
BE it enacted and ordained by His Excellency the Governor of Honl-a)-
kong, with the advice of the Legislative Council thereof, as.
follows :--
1. The word 'Justice' in this Ordinance shall include every Court
of Summary Jurisdiction, and whether of primary Jurisdiction or ap-
pellate, except the Supreme Court ; and the word 'Party 'shall include
the Crown; and the word 'Appellant' shall mean the party applying
under section 2 of this Ordinance; and the word 'Respondent' shall
mean the opposite party.
Application 2. Within three (',seven'.' as amended by Ordinance No. 8 of
1889,
may be made
within three clear days after the determination by a Justice o(' any suit,
information,
days to state;
a case; and or complaint, which he bath or shall have power to determine
in a,
must be
granted summary way, either party to the matter so determined may apply in
eg°°~t it be
frivwriting to the said Justice to state and sign a case setting forth
the facts.
o ons. of the said matter, and the grounds of the said determination, fur
the
opinion of the Supreme Court thereon; which application the said Justice
is hereby required to grant, unless he have reason to believe that the
same is merely frivolous, (in which case only he may refuse the same,).
and shall thereupon, upon receiving from the said appellant the Crown
fee of one current dollar, sign and deliver unto him a certificate of such
refusal; yet so as that, if any such application be made officially by
the-
Attorney General, or under his fiat, the Justice to whom the same is
made shall be bound to grant the same, whatever may be his belief in,
that behalf.
Recognisance
of appeal.
3. On the said application being granted, and before the said. case-
being stated and delivered by the said Justice, the appellant shall enter
into a reconnisance before him, or any other Justice exercising the same.
jurisdiction, with or without sureties, and in what sum to the said
Justice`
shall seem meet, conditioned to prosecute his appeal its that behalf,
with-
out delay and with. effect, . and to- submit to the judgment of the said.
Supreme Court, and pay such costs as may be awarded by the same; and-
Fce,> pay i,ul°. the said appellant slaalh likewise, before ;the
delivering of ,the said case;:
ORDINANCE No. 4 OF 1858.
Appeals from Justices.
pay, in respect of the said recognisance and case respectively, to the
clerk
taking the said recognisance and delivering the said case respectively,
the Crown fees according to the scale following, that is to say:-
For ,the said recognisance, two current dollars.
For drawing and copying the case, if not exceeding five folios,
of seventy-two words each, three current dollars.
If the case e< teed the said five folios, then for every additional
folio, tty cents.
4. If the appellant he in custody at the time of the taking of the
said recognisance, the same shall be farther conditioned for his appear-
ance before the said Justice, or (if that be unsuitable) before some other
Justice, who shall be sitting and exercising the same jurisdiction, with-
in ten days after the judgment shall have been given by the Supreme
Court on the said appeal, to abide the said judgment, unless thereby the
determination so appealed against shall have been reversed: And every
such appellant, upon entering into a recognisance so further conditioned
as aforesaid, shall be immediately liberated from such custody.
5, In case o£ the refusal of a Justice to state or deliver a case under
this Ordinance, the appellant may, upon an affidavit of the facts, apply
to the Supreme Court for a rule calling upon the said Justice, and also
upon the respondent, to show cause why the said case should not be
stated or delivered; which rule (if granted) pray afterwards be made
absolute or discharged by the said Court, with or without payment of
costs by the said Justice or either party, as the circumstances shall re-
quire; and if the carne be made absolute, the said Justice shall, upon
being served therewith, and upon the conditions specified in sections 8
and 4 respectively being complied with, state and deliver a case accord-
6. Within three clear days after a case has been delivered to an
appellant under this Ordinance, he shall first transmit a copy thereof
with a notice in writing of his appeal to the respondent, and shall there-
upon transmit the said case to the Supreme Court, and the case when so
transmitted shall be set down for argument in Court or in Chambers, -by
the, Registrar. of the said Court, at the request of either party, four
clear
days before the day appointed for the said .argument; yet, so as that,
notice in writing of t-he carne having been so set ,down be given by, the
Further con-
dition in cage
appellant is
in custody.
If the Justice
refuses, the
supreme
Court may
rule a case to
be stated.
Costs.
Cases to be -
transmitted,
Cc., within
throe class ;
and set down
four clear
days before -'
argument: :
-Orders of the
-Court shall be
-conclusive.
oetcrmsus,-
tinnh after
appeal mad
Ire enforced.
Certiorari 0).
nrrtc-ndtt-ru.2cF
,got required.
Forfeited re-
c;o;;nisan,<;e.
ORDINANCE \To..4 of 1si;8.
Appeals from Justices.
.party so requesting, to the opposite party, four clear days before the
day
so appointed.
7, The Supreme Court shall hear and determine every question of
law or fact, arising upon a case so set down, and shall (according to the
circumstances thereof) affirm, amend, or revere, the determination in
respect whereof the said case shall have been stated, or remit the matter
of such determination with the said Court's opinion thereon to the said
Justice, or make such other order with respect tc>, the said matter, as
shall be requisite to the due adjudication thereof, or remit the said case
to him, with direction to make a new determination, or (as the case may
be) to amend the same, and to return it to the said Court, within such
time as the said Court may direct, and shall postpone judgment thereon,
until after the same shall have been so returned, and then shall deliver
judgment thereon accordingly, as to the said Court shall seem meet;
and the said Court may likewise male all such orders with respect to
costs, as shalll he deemed meet; save that no Justice, who shall have
stated and delivered a case under this Ordinance, shall be liable to costs
for or by reason of the same, or of the determination in respect whereof
the carne shall have been stated.
$. The Lave=s relating to the enforcement by Justices or others, of
determinations of Justices not appealed against under this Ordinance,
shall extend to and be applied by Justices or others in the enforcement
of determinations affirmed, or amended, or made under this Ordinance,
and also to the judgments of said Supreme Court, upon any appeals under
the same; and all Justices shall be bound to conform themselves in the
premises to the directions, opinions, and judgments of the said Court.
9. No certiorari, mandamus, or other writ, shall be requisite for
carrying into effect this Ordinance.
10. The Laws for the time being in force with respect to the pro-
ceeding upon 1°ecobnisances forfeited before Justices or at sessions,
shall
extend to all recognisances which shall be taken under this Ordinance;
and any of the conditions whereof shall not have been complied with;
yet so as that, upon every such recognisance there shall be endorsed the
certificate of a Justice, stating in what respect the said conditions have
not been complied with, which certificate shall be, deemed to be pri?rrei
facie evidence of the forfeiture of the said recognisance. .
No. 4 of 1858.
Appeals from Justices.
11. The Supreme Court shall have power (with consent of the General rnias
And orders of
Legislative Council) to make and alter from tune to time any general the
Supreme
rules and orders of Court, for the better regulation of the practice and
Court.
proceedings under this Ordinance, and- subject thereto and to this Ordi-
nance the said practice and proceedings shall be regulated, so far as
prac-
ticable, by analogy to the practice and proceedings for the time being
observed in the Superior Courts of Law at Westminster, with respect to
appeals under the Act of Parliament of the twenty-first year of the
Queen, 21 Viet. e. 43:.
chapter forty-three.
12. Henceforward the Summary Jurisdiction of Petty Sessions in cri-
ininal cases shall not be ousted merely because the offence charged or
proved shall amount to a burglary, housebreaking, breaking or entering
a curtilage, stealing in a dwelling-house, shop, or cartilage, or stealing
from the person: Yet so as that it shall be the duty of the said Court and
of all Justices (where the offence is of an aggravated nature) to commit
such offenders to the Supreme Court for trial,
NOTE.- This Ordinance is repealed by Ordinance No. 10 of IS0O as,from lst
January,
1891, subject to Her Majesty's right of disallowance.
'Justice' to include 'Court,' and 'Party' to include 'Crown.'
Meaning of 'Appellant' and 'Respondent.'
Application may be made within three days to state a case; and must be granted except it be frivolous.
Recognisance of appeal.
Fees payable.
Further condition in case appellant is in custody.
If the Justice refuses, the Supreme Court may rule a case to be stated.
Costs.
Cases to be transmitted, &c., within three days; and set down four clear days before argument.
Orders of the Court shall be conclusive.
Costs.
Determinations after appeal may be enforced.
Certiorari or mandamus not required.
Forfeited recognisance.
407
General rules and orders of the Supreme Court.
21 Vict. c. 43.
Summary convictions for burglaries, &c.
(See Ord. No. 6 of 1862.)
Abstract
'Justice' to include 'Court,' and 'Party' to include 'Crown.'
Meaning of 'Appellant' and 'Respondent.'
Application may be made within three days to state a case; and must be granted except it be frivolous.
Recognisance of appeal.
Fees payable.
Further condition in case appellant is in custody.
If the Justice refuses, the Supreme Court may rule a case to be stated.
Costs.
Cases to be transmitted, &c., within three days; and set down four clear days before argument.
Orders of the Court shall be conclusive.
Costs.
Determinations after appeal may be enforced.
Certiorari or mandamus not required.
Forfeited recognisance.
407
General rules and orders of the Supreme Court.
21 Vict. c. 43.
Summary convictions for burglaries, &c.
(See Ord. No. 6 of 1862.)
Meaning of 'Appellant' and 'Respondent.'
Application may be made within three days to state a case; and must be granted except it be frivolous.
Recognisance of appeal.
Fees payable.
Further condition in case appellant is in custody.
If the Justice refuses, the Supreme Court may rule a case to be stated.
Costs.
Cases to be transmitted, &c., within three days; and set down four clear days before argument.
Orders of the Court shall be conclusive.
Costs.
Determinations after appeal may be enforced.
Certiorari or mandamus not required.
Forfeited recognisance.
407
General rules and orders of the Supreme Court.
21 Vict. c. 43.
Summary convictions for burglaries, &c.
(See Ord. No. 6 of 1862.)
Identifier
https://oelawhk.lib.hku.hk/items/show/122
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 4 of 1858
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“APPEALS FROM JUSTICES ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 19, 2025, https://oelawhk.lib.hku.hk/items/show/122.
