SUPREME COURT (VACATIONS) ORDINANCE, 1898

SUPREME COURT (VACATIONS) ORDINANCE, 1898

No. 5 . of 1898.

An Ordinance for the establishment of vacations in the Supreme
Court.

[1st December,1898.]

1. This Ordinance may be cited as the Supreme Court (Vacations)
Ordinance, 1898.

2. In this Ordinance, public holiday ' and general holiday ` have the
meanings respectively assigned to such expressions by the Holidays
Ordinance, 1912..

. 3. The follwing vacations shall be observed in each year in the Supreme
Court and the offices connected therewith, namely, the long vacation, the
Christmas vacation, the Chinese New Year vacation, and the Easter vacation.

4.-(1) The long vacation shall commence on the 20th day of September -
and terminate on the '7th day of October. The Christmas vacation shall
commence on the 24th day of December and terminate on the Ist day of
January. The Chinese New Year vacation shall commence on the first day of
the Chinese New Year and terminate on the fifth day of such New Year. The
Easter vacation shall commence on Good Friday and terminate on the
Thursday in Easter week..

Provided that, if the Chinese hereafter adopt the Gregorian Calendar,
the Chinese New Year vacation shall be abolished and the Christmas
vacation shall be extended and terminate on the third week-day in January.

(2) The days of the commencement and termination of each vacation
shall be included in such vacation.

5. The Supreme Court and the offices connected therewith shall be
open during vacation (except on general holidays and public holidays) for
the purpose of holding the ordinary criminal sessions and any special
criminal sessions and the transaction of all business incidental thereto, and
also for the purpose of

For computation of time in bankruptcy, see No. 10 of 1931,
s. 123, the provisions of which are not affected by this Ordinance.





issuing writ~ and of transacting any business under the provisions of
section 6.

6. The court shall during vacation hear and determine all such
applications as may require to be immediately or promptly .heard, and all
applications for summary judgment, -and all actions or matters in the
summary jurisdiction of the court: Provided always that the hearing of any
action or matter in the summary jurisdiction of the. court may be adjourned
over vacation, on reasonable cause being shown W the satisfaction of the
court.

7. Every act, matter, or thing done in vacation shall be as valid to all
intents and purposes as if done out of vacation.

8. No- pleading shall be filed during vacation except by order of a judge
-in special circumstances.

9. Where by any enactment regulating civil procedure, or by any special
order of the-court, any limited time, not exceeding one month, is appointed or
allowed for the doing of any ,act or the taking of any proceeding, no days
included in a vacation shall be reckoned in the computation of such time,
unless the court otherwise directs: Provided that nothing in this section
shall be deemed to extend the time for entering appearance to any specially
indorsed writ.

10. During vacation there shall be at least one judge in the Colony, and
the offices of the Supreme Court shall be open daily, except. on general
holidays and public holidays, for such time as the court may direct.

11. The periods of vacation may be varied, and provision may be made
for the conduct of the business of the court during vacation, by general
rules or orders of court to be made by the Chief justice, subject to the
approval of the Legislative Council, and published in the Gazette in the
manner prescribed by the Supreme Court Ordinance.,, 1873.

As amended by No, 4 of 1933 [17.2.33].
[Originally No. 16 of 1898. No. 4 of 1933.] Short title. Interpretation. Ordinance No. 5 of 1912. Vacations in the supreme Court. Commencement and termination of vacations. Opening of court and offices in vacation for certain purposes. Hearing in vacation of certain applications; summary jurisdiction. Validity of act done in vacation. Filing of pleading in vacation. Vacation not included in computation of time. Vacation judge; office hours. Power to vary vacation and regulate business. Ordinance No. 3 of 1873.

[Originally No. 16 of 1898. No. 4 of 1933.] Short title. Interpretation. Ordinance No. 5 of 1912. Vacations in the supreme Court. Commencement and termination of vacations. Opening of court and offices in vacation for certain purposes. Hearing in vacation of certain applications; summary jurisdiction. Validity of act done in vacation. Filing of pleading in vacation. Vacation not included in computation of time. Vacation judge; office hours. Power to vary vacation and regulate business. Ordinance No. 3 of 1873.

https://oelawhk.lib.hku.hk/items/show/1464

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