FULL COURT ORDINANCE, 1912

FULL COURT ORDINANCE, 1912

No. 27 of 1912.

An Ordinance to make provision for the reconstitution of
the full Court.
[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. This Ordinance may be cited as the Full Court Ordi-
nance, 1912.


* As amended by No. 12 of 1914 and Law Rev. Ord., 1924.
+ As amended by Law Rev. Ord., 1924.


2. In this and in all existing and futrue enactments, 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 memebr of a Full Court of two judges only,
sitting to hear and determine the appeal.

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

Provided however that the Judge of His 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
otherwise 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 judg-
ment or order of the Full Court subject to a right which is
hereby conferred on any party aggrieved to any appeal to a
Full Court consisting of three jduges if applied for within
fourteen dasys after the delivery of the judgement 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), ina all cases where the Full
Court sits to hear and dtermine apoints reserved for its con-

* As amended by Law Rev. Ord., 1924.
+ As amended by No. 27 of 1915.






sideration, 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 applications for leave to appeal to His Majesty
in Council and in all matters incidental thereto, the Full Court
may consist either of two or of three judges.

(3) In all other cases the Full Court shall consist of three
judges, one of whom shall be the Judge of His Britannic
Majesty's Supreme Court for China (if the Principal Secretary
of State for Foreign Affairs has consented to such appoint-
ment) or a barrister of not less than seven years standing
temporarily appointed by the Governor from time to time
for the purposes of this Ordinance: Provided that in any
case falling within the provisions of this sub-section the Full
Court may consist of only two judges if in the opinion of the
judge whose judgment or order is bein appealed from, and
in the opinion of the two other judges, the presence of the
judge whose judgement or order is being appealed from is
unnecessary.

(4) The provisions 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 opera-
tion of this Ordinancve and which have not beeen 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 Ordinacne.

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

No. 28 of 1912, incorporated in No. 5 of 1865.































[Originally No. 27 of 1912. No. 27 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Precedence. Rule where judges differ. Constitution of the Court when three permanent judges are not available. [ef.No.3 of 1890, s. 113 and No.3 of 1873, s. 89.] Provision for pending appeals and motions.

[Originally No. 27 of 1912. No. 27 of 1915. Law Rev. Ord., 1924.] Short title. Interpretation. Precedence. Rule where judges differ. Constitution of the Court when three permanent judges are not available. [ef.No.3 of 1890, s. 113 and No.3 of 1873, s. 89.] Provision for pending appeals and motions.

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1923

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No. 27 of 1912

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