FULL COURT ORDINANCE

FULL COURT ORDINANCE

CHAPTER 2.

FULL COURT.

To amend and consolidate the Full Coud Ordinances.

[24th March, 1933.]

1. This Ordinance may be cited as the Full Court
Ordinance.

2. In this Ordinance-
'judge' includes any judge of the Supreme Court whether
appointed, to act temporarily or not and, if and so long
as provision exists in the law of the Colony of Singapore
enabling the Chief justice of Singapore to be or to be
declared to be a member of the Full Court, the Chief
justice of Singapore.

3. (1) There shall be a Full Court which shall as
occasion requires be constituted 6ther by two or three judges
as the Chief justice may direct and shall be composed of
such judges as the Chief justice may direct.

(2) The judges shall take procedence in the following order

(a) the Chief Justice;
(b) the Chief Justice of Singapore;
(c) the Puisne Judges according to the priority of their
respective appointments;
(d) persons appointed to act temporarily as judges
according to the priority of their respective appointments.

(3) The Chief Justice shall be ex officio President of
the Full Court: Provided that when any court is composed
without the Chief justice the President of the court shall be
determined by the order of precedence prescribed by sub-
section (2).

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. If no two
of such judges agree as to the judgment or order to be made,





then the judgment or order appealed from shall be deemed
to be the judgment or order of the Full Court.

(2) Subject to the provisions of subsection (4), 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. If the judgment or order
appealed from is not so modified or aflected it shall be
deemed to be the judgment or order of the Full Court; and
if the judgment or order appealed from is so modified or
affected it shall, as so modified or affected, be deemed to
be the judgment or order of the Full Court.

(3) Subject to the provisions of subsection (4), 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 president shall be deemed to be the
judgment or order of the Full Court subject to a right which
is hereby conferred on any party aggrieved to an appeal to
a Full Court consisting dthree judges if applied for within
fourteen days after the delivery of the judgment or order.

(4) Where a Full Court consisting of two judges only
sits to determine any question reserved for consideration or
any appeal under the Criminal Procedure Ordinance, and
the two judges differ as to the judgment or order to be
made, then the matter shall be reheard by a Full Court con-
sisting of three judges, and if no two of such three judges
agree as to the judgment or order to be made, then the
judgment or order of the trial judge, if any, and if there
is no such judgment or order, then the judgment or order
of the President, shall be deemed to be the judgment of the
Full Court.
8 of 1933. 17 of 1937. 10 of 1939. 15 of 1950. Short title. Interpretation. 15 of 1950, s. 2. Constitution and precedence. 15 of 1950, s. 2. Rule where judges differ. [s. 4 cont.] (Cap. 221.) 15 of 1945, s. 3.

8 of 1933. 17 of 1937. 10 of 1939. 15 of 1950. Short title. Interpretation. 15 of 1950, s. 2. Constitution and precedence. 15 of 1950, s. 2. Rule where judges differ. [s. 4 cont.] (Cap. 221.) 15 of 1945, s. 3.

https://oelawhk.lib.hku.hk/items/show/1635

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