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 Suprenle Court
Ordinance, 1873.





2. Ifi this Ordinance,

(a) ' The court ' means the Supreme Court and includes
any of the judges. sitting together or separately, in court or in
chambers.

(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 i s to say, a seal bearing a device and impression
of the Royal Arms, within an exergue or label surrounding the
same, with this inscription, ' The Seal of the Supreme Court
of Hong Kong,' 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 local 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. The practice of the English courts for the time being
shaU be in force in the Colony, subject to the same exceptioQs 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 Ter-miner and Gaol Delivery, Assize,
and Nisi Pri.us.

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

As amended by Law Rev. Ord., 1937.
t See No. 3 of 1906, s. 3, by which the Supreme Court has also such
jurisdiction in lunacy as may be exercised in England by the Lord
Chancellor under the Lunacy Act, 1890.





powers and authorities of the Lord High Chancellor of England,
with full liberty to appoint and control guardians of infants and
their estates, and also keepers of the persoris 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
when appointed by the Governor under the provisions of section
io of this Ordinance or under the provisions of section 2 (4) Of
the Full Court Ordinance, 1933, be-appointed by Letters Patent
under the public seal by-the Governor, in accordance with such
instructions as he may receive through a Secretary of State,
and shall hold office during His Majesty's pleasure, subject
to any conditions contained in any regulation made by or under
the authority of His Majesty for His Majesty's Colonial Service.

10.* (1) In case the office of Chief Justice or of any Puisne
Judge 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 case of the temporary illness or absence of the Chief
justice or of any Puisne judge, it shall be lawful for the Governor
to appoint a fit and proper person to fill his office until he resumes
the duties thereof: Provided always that, until such appoint-
ment is made, the whole business, of the court, except in the
hearing of matters required to be heard before the Full Court,
,hall devolve upon and be transacted by the remaining or
continuing Chief justice or Puisne judge or judges.

(3) If in any other case the Governor either for the purposes
of the Full Couri Ordinance, 1933, or for any other reason
considers it desirable that a temporary additional judge or
ternporary additional judges should be appointed, it shall be
lawful for him temporarily to appoint a fit and proper person
or persons to be a temporary additional judge or temporary
additional judges and to terminate any such appointment as
and when he shall think it desirable.

As amended by No. 12 of 1933 [22.6.331.
t AS amended by No. 27 of 1934 [24.8.34).





(4) judges temporarily appointed by the Governor under
this section shall be'gis!en instruments of appointment under the
public seal : Provided that any such instrument, in the case
of a judge temporarily appointed for the purposes of the Full
Court Ordinance, 1933, may provide that it -shall take effect
whenever and as often as the. services of the judge may be
required by the Chief justice for the purposes of the said
Ordinance: Provided also that nothing herein contained shall
be deenied to require a special instrument in the case of the
3udge of His Britannic Majesty's Supreme Court for China when
a member of the Full Court tinder the said Ordinance.

11. No Chief J ustice or Puisne Judge shall accept or perform
h -
any other office or place of profit or emolument not authorized
by law: Provided that this section shall not applY to a judge
temporarily appointed under section io.

12. In all cases in which, by any law in force within the
Colony, any judicial or other act is directed or authorized to be
performed by the Chief justice, such act may be performed by
any otlier judge, and if so performed shall, subject to the
provisions of section 23, he 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, one Qr more
.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 administration of justice and the due execu-
tion. of all the powers and authorities which are granted and com-
mitted 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 otherwisi provided, be done by
a Deputy Registrar.

(2) The powers and duties of the Registrar shall include
such powers and duties as are for the time being assigned to
t he King's Reniembrancer in England, and the Registry of the

As amended by No. X of 1934 124.8.341..
Asamended by No. 20 of 1931 [4.9.31], No. 27 of 1934 [24.8.341 and
Law Rev. Ord., 1937.





Supreme Court shall be deemed to be the office or department
of the King's Remembrancer in the Colony.

(3) The Governor may appoiDt one or more bailiffs of the
Supreme Court, and may also approve of the appointment by
any such bailiff of a deputy bailiff.

(4) Each bailiff may, however, act as the deputy of anbther
,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 Flis 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 removable from their several
offices by the Governor, for reasonable cause.

15. No action shall be brought against the Registrar or
an.y 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-execution
of process if such directions are in accordance with an order
obtained from the court as hereinafter mentioned: Provided
always that no material fact is wilfully misrepresented or sup-
pressed by such. Registrar or Deputy Registrar in obtaining such
order.

16. The Registrar may, in case of doubt 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 reasonabl~.

17. No officer of the court shall directly or 'indirectly ask
or receive any fee or gratuity, not authorized 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 summary way
on such evidence as may appear reasonable, and for that purpose





may summon and enforce. the attendance of all necessary parties
and witnesses in like manner as thQ attendance of witnesses in
other cases may 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 impose 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
business in the court, and all actions and other proceedings
whatsoever, except appeals to the Full Court, may in the first
instance be heard before any of the judges sitting alone,,unless
the Chief justice directs that the same shall be beard before the
Full Court.

23. There shall be an appeal as of right from every decision
of one of the judges sitting alone on the trial of any action or
other proceeding (other than a criminal trial), and every appeal
from such decision, and every question of law reserved for
further consideration on any such criminal 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,

A proclamation was issued on the 15th January, 1912, appointing that
from and after that date the Supreme Court of Hong Kong should
no longer hold its sittings in the building theretofore known as the
Supreme Court but should hold its sittings in the building thencei-
forth to be known as 'The Courts of Justice'
As amended by Law Rev. Ord., 1937.





directed, or executed by. any other officer of the court as the
court may direct.

21. 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 thereof,
to the court, and shall arrest and convey to prison all such
persons as may be committed to his custody by order of the
cdu rt.

28. NO action shall be brought against a bailiff for anything
done or omitted to be done by him whilst ac ting under the
directions in writing of the Registrar or in pursuance of any
order made or given by the court- as hereinbefore mentioned:
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 defr aying the reasonable expenses of such witnesses
as for affording them a reasonable compensation for their
trouble and loss of time.

30. If any person served with a subpcena 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 subpmna, or if any ~person is guilty
of any contempt before the court, it shall be lawful for the
presiding judgeto punish such person in a summary way, by
fine not exceeding one hundred dollars or' by imprisonment,
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 subpcena for the
recovery of any special damage which such plaintiff or defendant
may have sustained by reason of the disobedience of such
person.

31. If i n any cause, action, or suit, civil or criminal, or in
any proceeding connected therewith, it appears to the court that
any person, examined as a witness upon oath has committed
wilful and corrupt perjury it shall be lawful 'for the court to
coninilt such witness, as for a contempt of the court, to prison
for any term not exceeding three monffis, 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 irregularitv or want of form in
the administration of the oath.

32.-(1) It shall be lawful for the Chief justice to make
general rulds and orders for regulating the business and hours
of the court and of the offices connected therewith, 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. 1 of 1929. No. 20 of 1931. No. 12 of 1933. No. 27 of 1934. Law Rev. Ord., 1937.] Short title. Interpretation. Continuance of the Supreme Court, as reconstituted. Seal of the court. Operation of laws of England. Operation of practice of English courts. Jurisdiction of the court at common law. Jurisdiction of the court in equity. Constitution of the Supreme Court. Ordinance No. 8 of 1933. Temporary appointments. Ordinance No. 8 of 1933. Chief Justice and Puisne Judges not to hold any other officer of profit. Proviso. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 21 of 1932.] 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. 1 of 1929. No. 20 of 1931. No. 12 of 1933. No. 27 of 1934. Law Rev. Ord., 1937.] Short title. Interpretation. Continuance of the Supreme Court, as reconstituted. Seal of the court. Operation of laws of England. Operation of practice of English courts. Jurisdiction of the court at common law. Jurisdiction of the court in equity. Constitution of the Supreme Court. Ordinance No. 8 of 1933. Temporary appointments. Ordinance No. 8 of 1933. Chief Justice and Puisne Judges not to hold any other officer of profit. Proviso. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 21 of 1932.] 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.]

https://oelawhk.lib.hku.hk/items/show/1400

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