SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

No. 4 of 1873.
An Ordinance to abolish the Court of Summary jurisdiction.
and to confer upon the Supreme Courl a sunzmary jurls-
diction at law and in equity.
[13th October, 1873.]

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

1. This Ordinance may be cited as the Supreme Court
(Surninary jurisdiction) Ordinance, 1873.

2. In this Ordinance,

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

As amended by Law Rev. Ord., 1937.





(b) ' The judge means the presiding judge.

(c). it 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 Code of Civil Procedure.

(e) ' The Register of Civil Actions, Summary jurisdic-
tion ', means the register of actions established under this
Ordinance.
(f) ' The Registrar ' means tile Registrar of the Supreme
Court.

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

[s. 3, rep. Law Revision Ordinance, 1937.]

[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 shall have and use, as occasion may
require, an additional seal bearing a device, and impression of
the Royal Arms within an exergue or label surrounding the
same with the inscription, ' Supreme Court of Hong Kong,
Summary jurisdiction ' ; and every writ or other process issued
by the Supreme Court in its summary jurisdiction shall be
stamped with such seal.

7. It shall be lawful for the Supreme Court to exercise a
Summary jurisdiction 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
thereof does not exceed that amount.

But see No. 6 of 1875 [Crown Remedies], s. 2 and No. 6 of 1901,
[Rating], s. 37, for jurisdiction where a claim exceeds $1,000, and
see also r. 11 of the Verandah and Balcony Regulations under No.
18 of 1935.





8. All actions for sums not exceeding one thousand dollars
shall be commenced within three years next after the cause of
action accrues,. unless there has been some contract, acknow-
ledgment, undertaking, or promise to pay in respect thereof by
the party to be charged within three years before the commence-
ment oi 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
anlountin- in the whole to a sum exceeding one thousand
dollars as aforesaid shall be split or divided ~-,o as to be made
the ground of two or more different actions in order to bring
such cases within the summary jurisdiction of the court, but
if the court finds that the plaintiff in any case has split his
cause of action as aforesaid, the court shall dismi.ss the action,
without prejudice, however, to the plaintiff's right to sue upon
the cause of action in such other manner as lie 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 shall be lawful for the Supreme 'Court to exercise a

summary jurisdiction in equity in the actions or mat 1 ters
hereinafter mentioned; that is to say:-

0) 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 administration of which the demand is made does not
exceed in amount or value the sum of one thousand dollars;

(2) in all actions for the execution of trusts, in which the trust estate or
fund does not exceed 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 all actions for the dissolution 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 one thousand dollars; and

(6) in all proceedings for orders in the nature of injunctions, where the
same are requisite for granting 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 preliminary inquiry into the claim, and, if satisfied that
the case is within the provisions of this section, may make such orders and
give such directions with respect to the filing of pleadings and any other
matters as he may deem necessary for the proper adjudication of the action.





Rrocedure.

13.--(1) The Registrar shal 1 keep or cause to be kept a
book called the ' Register of Civil Actions, Summary jurisdic-
tion ', which shall be in the form in the Schedule or as near
thereto as circumstances permit, and shall contain the entries
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 commenced
by a writ of summons in the form prescribed by the Code of
Civil Procedure for actions . instituted thereunder, except that
everv such writ shall be entitled In the Supreme Court of
Hong Kong, Summary jurisdiction and shall specify the day
of trial, and shall have indorsed thereon full particulars of the
plaintiff's clairn.

15. It shall not be necessary for the defendant . to enter
an appearance to the writ of summons, but after service thereof
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
determination of the cause.

17. It shall be lawful for the judge, on. such grounds as
he may think sufficient, 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 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 confirm 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 ;hall be set
down for trial ot- 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 limitations, unless at least twenty-four hours' written notice
thereof has been first given to the plaintiff or his solicitor or
counsel.

19-(j) No action or other proceeding in the summar *y
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 rnistakes may in all cases
be amended or altered by the court.

(2) Unless 'the court otherwise directs,. all applications to
the court er in chambers which may be necessary in the course
of any sucli action or proceeding may ])c made verbally and
-mthout any preliminary formality..

20-( * j) In every cause or matter if the court is satisfied
that any parts, who is not represented by a solicitor or counsel
is prevented by good cause from attending in perso ' n, 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 comnion or special jury consisting of three
persons he
empanelled for the tAal of any cause.

22. The court may allow such reasonable sum of money
for the attendance and loss of time of parties and witnesses 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
event of his not being able to find sufficient goods, chattels, or
effects, and of the said party failing to point out. to him
any property whereon to levy, the bailiff shall enforce the
judgment or order by personal arrest and imprisonment.

24. No execution awarded against the goods of any party
shall extend or be construed to extend to deprive any landlord
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 being 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 against
such officer, to issue a summons calling before the court as well
the party issuing such process as the party making such claim,
a nd 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 it may seem fit, and such
order shall be enforced in 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 ease, 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.]

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 jurisdic-

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





tion, 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 commenced
in its original jurisdiction ought to have been commenced in
its shmmary 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 Pther
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 action sr) 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 jurisdiction,
unless the action has been so brought by leave 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 su mmary
application to the court in chambers.; and the amount allowed
on such taxation or review shall be recoverable as a judgment
debt.

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





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

(2) In case either party to an action is dissatisfied with the
decision of any question of fact or of law arising in the case,
lie may, within seven davs from the date of the 'udgment, apply
J
to the trial judge for leave to appeal, or, if lie refuses leave,
J t,
within a further seven days from the date of such refusal to
the Full Court, and on such application the judge or the Full
Court nia). in his or its discretion grant leave to appeal on such
terms as to notice 'and othe matters as fie or it may tliinK' fit.

Provided that the judge or the Full Court, as the case may
be, may extend the tirne for any such application notwithstanding
that such time may have expired.

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

36. Where the appeal is from a ruling or judgment on a
question of law or on a matter of discretion only, it shall be
beard 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
cese shall be set forth so much of the pleadings, if any, the
evidence, and the ruling or judgment objected to as may be
necessar ' v to raise the question for the decision of the Full
Court.

37. The Full Court shall have power on every appeal,
whether on a question of fact, or of law.or of discretion, to try
itte case de novo.

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

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

40. Until forms are prescribed for use tinder this Ordinance
by.any general rule or order of the Suprerne Court, and so far

As amended by Law Rev. Ord., 1937.

as the same may be incomplete, all forms from ti14 to time
in isse in the Supreme Court or in the Court of Summary
jurisdiction, or forms to the like effect,, with such, variations.and
additions as circumstances require, inav be used for the purpose
of carrying out the provisions of tliis'Ordinance, and shall (as
regards the form thereof) be valid and sufficient.

SCHEDULE. [s. 13.]
BEGISTLIZ OF CIVIL ACTIONS, SUMMARY JURISDICTION.

SUPREME COURT, SUMMARY JURISDICTION.

Register of actions in the Year 19


Date of No Of Plaintiff Defen Parti Date of Date of Judg- Return Amount Re-
writ. acton. dant. culars hearing judg- ment of of marks.
of ment. on execu- judg-
appeal. tion. ment.


[Originally No. 14 of 1873.] Short title. Interpretation. Ordinance No. 3 of 1901. Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or coverture no bar to right to sue or liability to be sued. Prohibition of splitting claims. Action 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 judgement. 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.] Interpleader by bailiff. Application of Ordinance No. 3 of 1901. Transfer of action original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer special orders. Deprivation of costs in certain cases where summery 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.] Short title. Interpretation. Ordinance No. 3 of 1901. Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or coverture no bar to right to sue or liability to be sued. Prohibition of splitting claims. Action 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 judgement. 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.] Interpleader by bailiff. Application of Ordinance No. 3 of 1901. Transfer of action original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer special orders. Deprivation of costs in certain cases where summery 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.

https://oelawhk.lib.hku.hk/items/show/1401

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