SUPREME COURT ORDINANCE

SUPREME COURT ORDINANCE

CHAPTER 4.

THE SUPREME COURT ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section page
1. Short title ... ... ... ... . ... ...... 141
2. Interoretation ... ... ... ... ... ... ... ... ... ... ... 141
3. Continuance of the Supreme Court, as reconstituted ... ... 141
4. Seal of the court ... ... ... ... ... ... ... ... ... ... 141
5. Operation of laws of England ... ... ... ... ... ... ... 142
6. Operation of practice of English courts ... ... ... ... ... 142
7. Jurisdiction of the court at common law ... ... ... ... 142
8. Jurisdiction of the court in equity and lunacy ... ... ... 142
9. Concurrent administration by the court of law and equity 143
10. Rules of equity to prevail ... ... ... ... , ... ... ... ... 146
11 Mandamus, injunction, and receiver ... ... ... ... ... .. 146
12. Constitution of the Supreme Court ... ... ... ... ... ... 146
13. Temporary appointments ... ... ... ... ... ... 147
14. Professional qualifications of judges ... ... ... ... 147
15. Judges not to hold any other office of profit ... ... ... ... 148
16. Powers of puisne judge ... ... ... ... ... ... --- ... ... 148
17. Officers of the. Court ... ... ... ... ... ... ... ... ... 149
18. Tenure of office of superior officers ... ... ... ... ... ... 150
19. Protection of Registrar and deputy registrars ... ... ... 150
20. Registrar may apply for order ... ... ... ... ... ... ... 151
21. Prohibition of officer illegally demanding fees ... ... ... 151
22. Offences by officers of the court ... ... ... ... ... ... 151
23. Place of holding sittings . 1. ... . ... . 1 . ... ... ... ... 151
24. Vacations ... ... ... ... * ... ... ... --- ... ... ... ... 151
25. Business in vacations ... . ... ... ... ... ... ... ... ... 152
26. Computation of vacation period and validity of acts therein 152
27. Distribution of business ... ... ... ... ... ... ... ... ... 153
28. Appeals to the Full Court ... ... ... ... ... ... ... ... 153
29. Provision for sitting with assessors ... ... ... ... ... ... 153
30. Registrar to direct process ... ... ... ... ... ... ... ... 1~3
31. Pro ess against officer ... ... ... ... ... ... ... ... 153
32. General mode of execution of process ... ... ... ... 153
33. Protection of bailiff from liability for act done by order 154
34. Allowance of expenses and compensation to witnesses ... 154
35. Non-attendance of witness. Contempt of court ... ... ... 154
36. Summary punishment of person guilty of perjury ... ... 154
37. Rules of court ... ... ... ... ... ... ... ... ... ... 155
38. Suitors funds ... ... ... . 1 . ... ... ... ... ... ... ... 158
39. Payment of fees by stamps ... ... ... ... ... ... ... ... 158





CHAPTER 4.

SUPREME COURT.

Todeal with the constilution, of the Supreine Cour t ant,
to. make provision for the jurisdiction, practice, Pro
cedure and law to be administered in the courts of th
Colony and for vialters ancillary thereto.

[13th October, 1873.]

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

2. In this Orclinance
'action' rneans a civil proceeding commenced by writ of
summons or in such other manner as may be prescribed
by enactment;
'cause' means any action, suit or other original proceeding
between a plaintiff and a defendant;
'court' means the Supreme Court and includes any of the
judges sitting together or separately, in court 'or in
chambers;
'general holiday' has the meaning assigned to such
expression by the Holidays Ordinance;
matter' includes every proceeding in the court not in a
cause ;
'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
scal as heretofore, that is to say, a seal bearing a device
and imp ression 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
otlier process issuing out of the court shall be scaled there-
with.





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 stall be in force in the Colony, subject to the same
exceptions as are contained in section 5 in relation to the
iaws of England.

7. The Supreme Court shall have the same jurisdic-
tion in the Colony as His Mejesty's Courts of King's
Bench, Common Pleas, and. Exchequer lawfully have or
had in England, and shall be a Court of Oyer and Terminer
and Gaol Delivery, Assize, and Nisi Rrius.

8. (1) 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 execule. all
and singular the powers and authorities of the Lord Chan-
cellor of England, with full liberty to appoint and control
guardians of infants and their estates and also keepers of
the persons. and estates of idiots, lunatics, and such as,
being of unsound mind, are unable to govern themselves
and their estates.

(2) Without prejudice to the-generality of subsection
(i), the 'Supreme. Court shall have in addition such juris-
diction as may be exercised in England by the Lord
Chancellor or other judge or judges of the Supreme Court
of judicature under the provisions of the Lunacy Act, iSgo,
and for such purpose-
(a)'Great Seal' in the Act shall include the seal of
the Supreme Court;
(b)the provisions of the Act with respect to the Lord
Chancellor or the Court of Chancery or any judge
in England shall be interpreted to include the
Supreme Court in its equity jurisdiction and the
judges thereof;





every officer (however designated) of the Supreme
Court, or judge thereof, having or executing func-
tions of the like kind or analogous to the func-
tions of any officer (however designated) acting
under the direction of the Lord Chancellor, of the
Court of Chancery, or of any judge in England
shall be deemed to be within the meaning of any
of the provisions of the Act respecting such last-
mentioned officers;
(d)'lunatic' means an idiot or person of unsound
mind;
(e)'Treasury' in section 148 of the Act shall include
the Governor in Council of Flong Kong;
the forms contained in the schedules to the Act
may be used in the Colony in the cases to which
they respectively have reference with such varia-
tions and additions as circumstances may require.
(3) In any inquiry into the idiocy, lunacy or unsound-
ness of mind of any person, any issue determinable by the
verdict of a jury shall be tried like an ordinary issue in
the court by a common or special jury as the judge may
direct: Provided that the alleged idiot, lunatic or person
of unsound mind may have a special jury as of right,

9. In every cause or matter commenced in the Court,
law and equity shall be administered by the court accord-
ing to the rules following-
(a)if any plaintiff or petitioner claims to be entitled
to any equitable estate or right, or to relief upon
any equitable ground against any deed, instrument
or contract, or against any right, title or claim
asserted by any defendant or respondent in such
cause or matter, or to any relief founded upon a
legal right, which formerly could only have been
given by the court in its equitable jurisdiction, the
court shall give to such plaintiff or petitioner such
and the same relief as ought to have been giver
by the court in its equitable jurisdiction in a suit
or proceeding for the same or the like purpose
properly instituted before the 13th day of October,
1873 ;
(b)if any defendant claims to be entitled to any equit-
able estate ar right, or to relief upon any equitable





ground against any deed, instrument or contract
or against any right, title or claim asserted by any
plaintiff or petitioner in such cause or matter, or
alleges any ground of equitable defence to any claim
of the plaintiff or petitioner in such cause or matter,
the court shall give to every equitable estate, right or
ground of relief so claimed, and to every equitable
defence so alleged, such and the saine effect, by
way of defence against the claim.of such plaintiff
or petitioner, as the court in its equitable jurisdic-
tion ought to have given if the same or the like
matters had been relied on by way of defence in
any suit or proceeding instituted therein for the
same or the like purpose before the 13th day of
October, 1873 ;
(c)the court shall also have power to -rant to any
defendant in respect of any equitable estate or right
or other matter of equity, and also in respect (if
any legal estate, right or title claimed or asserted
by him, all, such relief against any plaintiff or
petitioner as such defendant has properly claimed
by his pleading and'as the court might have
granted in any action brought. by the same defen-
dant against the same plaintiff or petitoner, and
also all such relief relating to or connected with
the original subject of the cause or matter, and in
like manner claimed against any other person,
whether already a party to the surne cause or
matter or not, who has been duly served with
notice in writing of such claim pursuant to the Code
of Civil Procedure, as inight properly have been
granted against such person if he had been made
a defendant to a cause duly instituted by the same
defendant for the like purpose, and every person
served with any such notice shall thenceforth be
deemed a party to such cause or matter, with the
sarne rights in respect of his defence against such
claim as if he had been duly sued in the ordinary
way by such defendant;
(d)the court shall recognize and take notice of all
equitable estates, rights and titles, and all equitable
duties and liabilities appearing incidentally in the
course of any cause or matter, in the same manner





in which the court in its equitable jurisdiction
would have recognized and taken notice of the
same in any suit or proceeding duly instituted
therein before the 13th day of October, 1873;
(e)no cause or proceeding at any time pending in the
court shall be restrained by prohibition or injunc-
tion ; but every, matter of equity on which an
injunction against the prosecution of any such
cause or proceeding might have been obtained, if
this section had not been passed, either uncondi-
tionally or on any terms or conditions, may be
relied on by way of defence thereto : Provided that
nothing in this section shall disable the court from
directing a stay of proceedings in any cause or
matter pending before it, if it thinks fit : and any
person, whether a party or not to any such cause
or matter, who may be entitled to enforce, by
attachment or otherwise, any judgment, decree, rule
or order, contrary to which all or any part of the
proceedings in such cause or matter may have been
taken, shall be at liberty to apply to the court, by
motion in a summary way, for a stay of proceed-
ings in such cause or matter, either generally or
so far as may be necessary for the purposes of
justice; and the court shall thereupon make such
order as may be just;
(f)subject to the aforesaid provisions for giving effect
to equitable rights and other matters of equity in
manner aforesaid and to the other express pro-
visions of this section, the court shall recognize
and give effect to all legal claims and demands,
and all estates, rights, titles, duties, obligations and
liabilities existing by the common law or by any
custom, or created by any statute, ill the same
manner as tile same would have been recognized and
given effect to by the court if this section had not
been passed; and
(g)the court, in the exercise of the jurisdiction vested
in it by this section in every cause or matter pend-
ing before it, shall have power to grant, a ' nd^shall
grant, either absolutely or on such reasonable terms
and conditions as to it may seem just, all such





remedies whatsoever as any of the parties thereto
may appear to be entitled to in respect of any and
every legal or equitable claim properly bi-ought for-
ward by them respectively in such cause or matter;
so that, as far as possible, all matters so in con-
troversy between the said parties respectively may
be completely and finally determined, and all multi-
plicity of legal proceedings, concerning an), of such
matters avoided.

10. Subject to the express provisions of any enactment,
in questions relating to the custody and education of infants
and generally in all matters not particularly mentioned in
this Ordinance, in which there was formerly or is any con-
flict or variance between the rules of equity and the rules
of the common law with reference to the same matter, the
rules of equity shall prevail.

11. (1) A maitdamus or an injunction may be granted,
or a receiver appointed, by an interlocutory order of the
court in all cases in which it may appear to the court to
be just or convenient that such order should be made; and
any such order may be made either unconditionally or on
such terms and conditions as the court may think just.

(2) If an injunction is asked, either before, or at, or
after the trial or hearing of any cause or matter, to prevent
any threatened or apprehended waste or trespass, such in-
junction may be granted, if the court thinks fit, whether
the person against whom such injunction is souglit is or
is not in possession under any claim of title or otherwise,
or (if out of possession) does or does not claim a right
to do the act sought to be restrained under any colour of
title; and whether the estates claimed by both or by either
of the parties are legal or equitable.

12. (1) The Supreme Court shall consist of and be
holden by and before a Chief Justic and one or more other judges.

(2) Every Chief Justice and every Puistie judge shall,
save when appointed by the Governor under the provisions
of section 13, be appointed by Letters Patent under the
public seal by the Governor, in accordance with such
instructions as lie 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
tinder the authority of His Majesty for His Majesty's
Colonial Service.

13. (1) In case the office of Chief justice,kor 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 Puishe 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 : Pro-
vided always that, until such appointment is made, the
whole business of the court, except in the hearing of
matters required to be heard before the Full Court, shall
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 Court Ordinance, or for any other
ieason considers it desirable that a temporary additional
judge or temporary 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 *
(4) judgestemporarily appointed by the Governor
under this section shall be given instruments of appoint
ment 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, may provide
that it shall take effect whenever and as often as the ser
vices 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 deemed to require
a special instrument in the case of the Chief justice of
Singapore when a member of the Full Court under the
said Ordinance. [10

14. No person shall be appointed to be Chief Justice
or Puisne Judge or a temporary additional judge or shall





be deemed a fit and proper person fill the office of the
Chief Justice or of any Puisn Judge under secction 12 or
13 unless-
(a) he is qualified to practise as an advocate in a court
in England, Scotland, Northern Ireland or some
other part of the Commonwealth, having unlimited
jurisdicion either in civil or criminal matters, and
(b) lie -has been qualified for not less than five years
to practise as an advocate or solicitor in such a
court.

15. No Chief justice or Puisne judge shall accept or
perform any other office or place of profit or emolurnent
not authorized by law : Provided that this section shall
not apply to a judge temporarily appointed under section
13 : Provided that if and so long as provision is made
by or under the law of the Colony of Singapore directly
or indirectly enabling the,Chief justice to be a member of
the Court of Appeal and the Court of Criminal Appeal
of the Colony ol' Singapore or either of theni, it shall be
lawful for the Chief justice with the consent of the
Governor-
(a)to sit upon such courts or either of them and to
discharge his duties as a member thereof;
(b)to absent himself from the Colony for so long as
may be required for such purposes as aforesaid and
for returning to the Colony after the execution
thereof; and
(c) to receive such remuneration and allowances (if
any) as may be provided for out of the revenues
of the Colony of Singapore and the revenue of the
Coiony or either of them.

16. 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 other judge, and if so performed
shall, subject to the provisions of section 28, be as valid
to all intents and purposes as if the same had been per-
formed by the Chief justice.





17. (1) There shall be attached to the Supreme Court
a Registrar and such number of deputy registrars, bailiffs,
clerks of the court, clerks, interpreters and other officers
as to the Governor may appear to be necessary.

(2) Any act which under any enactment is required
to be done by,the Registrar may be performed by deputy
registrar. appointed under the-precedfilg subsection or any
officer appointed under the style of Deputy Registrar
General by virtue of section 3. of the Registrar General
(Establishment) Ordinance, and, any process of the court
may be executed by any bailiff thereof notwithstanding that
it may have been directed personally to some other bailiff.

(3) In addition to any powers and duties which he is
by this or any other enactment enabled to exercise or
required to perform the Registrar may exercise such powers
and perform such duties, being powers or duties which in
England are exercised and discharged by Masters, Regis-
trars or the like officers of the Supreme Court of.Judicature
but which in llong Kong are. now or may hereafter be
exercisable only by a court or judge as-
(a)are conferred or imposed on him by rules of court;
or
(b)are in any particular case, conferred or imposed
on him by order of the court or of a judge.

(4) The powers and duties of the Registrar shall
include such powers and duties as are for the tirne being
assigned to the King's Remembrancer in England, and the
Registry of the Supreme Court shall be deemed to be the
office or department of the King's Remembrancer in the
Colony.

(5) Whenever jurisdiction is exercised by a Registrar
by virtue of rules of court the Registrar may refer to a
Judge any matter which appears to him proper for the
decision of a judge and the judge may either dispose of
the matter or refer the same back to the Registrar with
such directions as he may think fit.

(6) Any person affected by any order or decision of
the Registrar made pursuant to jurisdiction conferred by
rules of court may appeal therefrom to a judge at cham-
bers. Such appeal shall be by notice in writing to attend





before the judge without a fresh summons, within five. days
after the decision complained of or such further time as
may be allowed by a judge or the Registrar. Unless other-
wise ordered there shall be at least one clear day between
service of the notice of the appeal and the day of hearing.
An appeal from the decision of the Registrar shall be no
stay oi proceedings unless so ordered by a judge or the
Registrar.

(7) The provisions of subsections (5) and (6) shall also
apply mutatis niutandis to the exercise of any powers or
the discharge of any duties by the Registrar pursuant to
paragraph (b) of subsection (3) save that in such case refer-
ence shall be made and appeal shall lie to the court or
the judge conferring or imposing such power or duty or,
in the event of such lastly mentioned judge being absent
or unable from any cause to act, then to such judge as
the Chief justice may designate to act in his place.

(8) It is hereby declared that the fact that any powers
or duties exercisable by a court or judge are conferred or
imposed upon the Registrar under paragraph (b) of sub-
section (3) or are by reason of any rules of court exercisable
by or to be discharged by the Registrar shall not be con-
strued to preclude the court or a judge as the case may
be from exercising any power or discharging any duty which
such court or judge could have exercised or discharged if
subsection (3) Of this section had not been enacted. [13

18. The several superior officers of the court who may
be appointed by His 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 remov
able from their several offices by the Governor, for reason
able cause.

19. No action shall be brought against the Registrar
or any 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 ainy action
be-brought against the Registrar or any deputy registrar
for any directions given to a bailiff with regard to the execu-





tion or non-execution of process if such directions are in
accordance with an order obtained from the court as. herein-
after mentioned : Provided always that no inaterial', fact is
wilfully misrepresented or suppressed by such Registrar,
or deputy registrar in obtaining such order.

20. The Registrar may, in case of doubt or ditficulty,
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 reasonable.

21. 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.

22. 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
ill a summary way on such evidence as may appear reason
able, and for that purpose may summon and enforce the
attendance of all necessary parties and witnesses in like
manner as the 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 pro
vision shall not take away any right of action for damages
against any officer; but no action shall be commenced or
continued for an)- act or omission of such officer after the
court has ordered compensation to be paid in respect of
it tinder this section.

23. The court shall hold its sittings in the Supreme
Court building or in such other place as the Governor may
by proclamation appoint.

24. (1) The following vacations shall be observed in
each year in the Supreme Court and the offices connected





therewith, namely, the long vacation, the Christmas vaca-
tion, and the Easter vacation.

(2) The long vacation shall commence on the 20th day
of September and terminate on the 17th day of October.
The Christmas vacation shall commence on the 24th day
of December and terininate on the third week-day in janu-
ary. The Easter vacation shall commence on Good Friday
and terminate on the Thursday in Easter week. The days
of the commencement and termination of each vacation shall
be included in such vacation.

25. (1) The Supreme Court and the offices connected
therewith shall be open during vacation (except on general
holidays) for the purpose of holding the ordinary criminal
sessions and. any special criminal sessions and the transac-
tion of all business incidental thereto, and also for the
purpose of issuing writs and of transacting any business
under the provisions of subsection (2).

(2) 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 judg-
ment, and all actions or matters in the summary jurisdic-
tion 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 to the satisfaction of the court.

(3) 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, for such time
as the court may direct.

(4) No pleading shall be filed during vacation except
by order of a judge in special circumstances.

26. (1) Where by any enactment regulating civil pro-
cedure, 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.

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

27. 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 heard before the Full Court.

28. 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.

29. (1) The court may in any civil cause or matter,
call. in the aid of one or more assessors specially qualified,
and try or hear such cause or matter wholly or partially
with the assistance of such assessor or assessors.
(2) The remuneration, if any, to be paid to such
assessor or assessors shall be determined by the court.

30. The Registrar shall direct the process of the court
to be executed by such of the bailiffs as he may think
lit.

31. In any case where process is awarded by the court
against any officer of the court, such process may be issued,
directed, or executed by any other officer of the court as
the court may direct.

32. 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 execu-
lion 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 court.





33. No action shall be brought against a bailiff for
anything done or omitted to be done by him whilst acting
under the directions in writing of the R i egistrar or in pur-
suance of any order made or given by the court as herein-
before mentioned : Provided always that such bailiff does
not wilfully misrepresent or suppress any material fact in
obtaining any such directions from such Registrar.

34. It shall be lawful for the presiding judge in any
proceeding 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 suni of
money as may seem fit, as well for defraying the reason
able expenses of such witnesses as for affording them a
keasonable compensation for their trouble and loss of
time.

35. If any person served with a subpoena to attend the
court is 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 subpoena, or
if any person is.guilty of any contempt before the court,
it shall be lawful for the presiding judge to punish such
person in a summary way, by a fine of five hundred dollars
or by imprisonment, without hard labour, for 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 sub
poena for the recovery of any special damage which such
plaintiff or defendant may have sustained by reason of the
disobedience of such person.

36. If in 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 commit such witness, as for a contempt
of the court, to prison for three months, or to fine such
witness five hundred dollars : Provided that the powers
hereinbefore given shall be in full force and operation not-
withstanding any irregularity or want of form in the
administration of the oath.





37. (1) Rules of court under this Ordinance may R
prescribe or provide for-

(a)the procedure .(including the method of pleading)
and. the practice to be followed in the Supreme
Court (including the Full Court) in all causes and
matters whatsoever in or with respect to which such
court has for the time being jurisdiction (including
the procedure and practice to be followed in the
offices of the Supreme Court), and any matters
incidental to or relating to any such procedure or
practice, including the manner in which, and the
time within which, any applications which are to
be made to the court shall be made;
(b)the procedure on appeals from any court or person
to the Supreme Court or the Full Court, and the
procedure in connexion with the transfer of pro-
ceedings from one jurisdiction of the Supreme
Court to anothor;
(c)the part of the business which may be transacted
and of the jurisdiction which may be exercised by
judges in court or in chambers which may be
transacted or exercised by the Registrar :
(d)the fees and percentages to be taken in any court
and the fees of counsel and the costs of solicitors and
the costs of proceedings in any court, and the forms
to be used therein ;
(e)repealing any enactments which relate to matters
with respect to which rules can be made under this
section;
in what cases trials are to be with a jury and in what
cases they are to be without a jury;
(g)the means by which particular facts may be proved,
and the mode in which evidence thereof may be
given, in any proceedings or on any application in
connexion with or at any stage of any proceedings,
or in matters arising under the Evidence Ordinance
in' extradition proceedings, or when it may be
expedient to take evidence otherwise than in con-
nexion with any pending proceedings;
(h)in what cases the court may act upon the certificate
of accountants, actuaries or scientific persons;





(i)the joinder of Parties and in what cases persons
absent, but having an interest in a cause or matter,
shall be bound by any order made therein and in
what cases orders rnay be made for the representa-
tion of absent persons by one or more parties to a
cause or matter;
(j) the discovery of a judgment debtor's property in aid
of the execution of any judgment, and the niodes of
enforcing any judgment;
(k) the conduct of actions by or against firms, and
of actions by or against paupers;
(l) actions relating to immovable property;
(m) proceedings by way of foreign attachment, actions
of mandamus and relief by way of interpleader;
(n)in what cases and in what manner there may be
submissions and references to arbitration or to
special referees, how parties shall be bound thereby,
and to what extent and with what consequences, and
for the appointment, powers and duties of arbitrators
and special referees and for proceedings before such
arbitrators and special referees
(o)arrest and attachment before judgment and interim
attachment and temporary injunctions;
(p)arrest and detention of ships and release and com-
pensation in respect thereof;
(q)in what cases and in what manner receivers may be
appointed, and their powers and duties;
(r)the appointment and duties of commissioners for
oaths, for the revocation of such appointments, and
matters incidental thereto;
(s)procedure whereby the court may adjudicate or give
an opinion on a special case either in a cause or
matter or on the construction of an enactment or
instrument or with regard to any title or under any
jurisdiction of the court or relating to lunatics,
married.women or infants;
(t)the business and hours of the court and of the offices
connectedtherewith, for varying periods of vacation,
and for the conduct of the business of the court
during vacation;





(it)all matters which could heretofore or which have
heretofore been provided for or regulated by or
which have been contained in the Code of Civil
Procedure.

(2) Rules of court for regulating the procedure and
practice (including fees and costs) in the exercise of the
Admiralty jurisdiction of the Supreme Court may be made
hereunder and shall come into operation upon approval by
His Majesty in Council save insofar as such approval may
not be necessary under section 7 of the Colonial Courts of
Admiralty Act, 1890.

(3) The power to make rules of court under this section
shall include power to make rules as to proceedings by or
against the Crown.

(4) Rules of court made under this section sliall apply
to all proceedings by or against the Crown insofar as they
expressly purport so to do.

(5) In all cases in respect of which no provision is made
by rules of court, the Rules of Practice for the time being
in force in the Supreme Court in England shall be deemed
to be in force in the court, subject to their applicability and
with such modifications as the circumstances may require :
Provided that where any subject dealt with in sucil Rules of
Practice is provided for wholly or in pari by rules of court
made hereunder, the English rule shall be deemed not
be in force in the court.

(6)(a) The rules of court shall be made by a rules committee which shall
consist of the Chief Justice, the senior puisne judge, the puisne
judge, and a practising barrister and practising solicitor, three
of whom shall from a quorum provided that either such barrister
or such solicitor shall be present.
(b)The rules committee shall be convened and shall be
dissolved at such times as the Chief justice shall
consider. necessary, and the practising barrister and
practising solicitor shall be nominated by him for
such periods or such matters and shall be replaced
at such time as to him appears expedient.
(c) Nothing herein contained shall prevent the Chief
Justice if he shall think fit appointing one or more





further rules committees notwithstanding that a
previous rules committee is still functioning or has
not been dissolved.
(d) A copy of all such rules, certified under the hand
of the Chief justice, shall forthwith after the same
are made be transmitted by the Chief justice to the
Governor.Such rules shall come into force on the
date of their publication in the Gazette or on such
other date as may be mentioned therein, and shall
be laid before the Legislative Council at the first
meeting after such publication.

38. The Chief justice may make rules for regulating
the deposit, payment, delivery, and transfer in, into, and
out of the Supreme Court of money, securities, and movable
property of suitors and the evidence of such deposit,
payment, delivery, or transfer, and the investment of and
other dealings with money, securities, and movable property
in. court, and the execution of the orders of the court, and
the powers and duties of the Registrar with reference to
such money, securities, and property, and, in particular, for
doing all or any of the following things-
(a)regulating the placing on and withdrawal from
deposit of money in court, and the payment or
crediting of interest on money placed on deposit;
(b)determining the smallest amount of money on
deposit on which interest is to be credited to an
account to which money placed on deposit belongs;
(c) determining the time at which money placed on
deposit is to begin and to cease to bear interest and
the mode of computing such interest; and
(d)determining the cases in which interest on money
placed on deposit and the dividends on any
securities standing in the name of the Registrar is
or are to be placed on deposit.

39. All fees receivable in the court shall be payable in
stamps, subject to the provisions of any Ordinance relating
Originally 12 of 1873. Fraser 3 of 1873. 6 of 1887. 5 of 1898. 2 of 1901. 3 of 1906. 10 of 1939. 25 of 1949. 16 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 24 of 1950, Schedule. (C. 149.) 24 of 1950, Schedule. 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 and lunacy. 3 of 1906, ss. 2, 3, 4. (53 Vict. C. 5.) Ordinance 6 of 1887, s. 33. Rules for concurrent administration by the court of law and equity. 36 & 37 Vict. C. 66, s. 24. [cf. 15 & 16 Geo. 5, c. 49, ss. 36, 37.] 2 of 1901, s. 3. [cf. 15 & 16 Geo. 5, c. 49, s. 38.] [s. 9 cont.] [cf. 15 & 16 Geo. 5, cf. 49, s. 39.] (Cap. 4, rules.) [cf. 15 & 16 Geo. 5, c. 49, s. 40.] [cf. 15 & 16 Geo. 5, c. 9, s. 41.] [cf. 15 & 16 Geo. 5, c. 49, s. 42.] [cf. 15 & 16 Geo. 5, c. 49, s. 43.] [s. 9 cont.] Rules of equity to prevail. 15 & 16 Geo. 5, c. 49, 2 of 1901, s. 12. Mandamus, injunction, and receiver. 36 & 37 Vict. C. 66, s. 25 (8) [cf. 15 & 16 Geo. 5, c. 49, s. 45.] 2 of 1901, s. 11. Constitution of the Supreme Court. 16 of 1950, s. 2. Temporary appointments. (Cap. 2.) (Cap. 2.) 16 of 1950, s. 3. Professional qualificational qualifications of judges. 10 of 1939, s. 2. [s. 14 cont.] Chief justice and Puisne Judges not to hold any other office of profit. 16 of 1950, s. 4. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the court. 25 of 1949, s. 2. (Cap. 100.) 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. [s. 17 cont.] 24 of 1950, Schedule. Tenure of office of superior officers. 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. Vacations. 5 of 1898, ss. 3. 4. [s. 24 cont.] Business in vacations. 5 of 1898, ss. 5, 6, 8, 10. Computation of vacation period and validity of acts therein. 5 of 1898, ss. 7, 9. Distribution of business. Appeals to the Full Court. Provision for sitting with assessors. 36 & 37 Vict. C, 66, s. 56. 2 of 1901, s. 13. 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 nonattendance and of person guilty of contempt of court. 22 of 1950, Schedule. Summary punishment of person guilty of perjury. [cf. s. 8.] 22 of 1950, Schedule. Rules of Court. 24 of 1950, Schedule. (Cap. 8.) [s. 37 cont.] (Cap. 4 rules). (53 & 54 Vict. C. 27.) [s. 37 cont.] Making of rules. 5 of 1896, s. 4. 24 of 1950, Schedule. Payment of fees by stamps.

Originally 12 of 1873. Fraser 3 of 1873. 6 of 1887. 5 of 1898. 2 of 1901. 3 of 1906. 10 of 1939. 25 of 1949. 16 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 24 of 1950, Schedule. (C. 149.) 24 of 1950, Schedule. 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 and lunacy. 3 of 1906, ss. 2, 3, 4. (53 Vict. C. 5.) Ordinance 6 of 1887, s. 33. Rules for concurrent administration by the court of law and equity. 36 & 37 Vict. C. 66, s. 24. [cf. 15 & 16 Geo. 5, c. 49, ss. 36, 37.] 2 of 1901, s. 3. [cf. 15 & 16 Geo. 5, c. 49, s. 38.] [s. 9 cont.] [cf. 15 & 16 Geo. 5, cf. 49, s. 39.] (Cap. 4, rules.) [cf. 15 & 16 Geo. 5, c. 49, s. 40.] [cf. 15 & 16 Geo. 5, c. 9, s. 41.] [cf. 15 & 16 Geo. 5, c. 49, s. 42.] [cf. 15 & 16 Geo. 5, c. 49, s. 43.] [s. 9 cont.] Rules of equity to prevail. 15 & 16 Geo. 5, c. 49, 2 of 1901, s. 12. Mandamus, injunction, and receiver. 36 & 37 Vict. C. 66, s. 25 (8) [cf. 15 & 16 Geo. 5, c. 49, s. 45.] 2 of 1901, s. 11. Constitution of the Supreme Court. 16 of 1950, s. 2. Temporary appointments. (Cap. 2.) (Cap. 2.) 16 of 1950, s. 3. Professional qualificational qualifications of judges. 10 of 1939, s. 2. [s. 14 cont.] Chief justice and Puisne Judges not to hold any other office of profit. 16 of 1950, s. 4. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the court. 25 of 1949, s. 2. (Cap. 100.) 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. [s. 17 cont.] 24 of 1950, Schedule. Tenure of office of superior officers. 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. Vacations. 5 of 1898, ss. 3. 4. [s. 24 cont.] Business in vacations. 5 of 1898, ss. 5, 6, 8, 10. Computation of vacation period and validity of acts therein. 5 of 1898, ss. 7, 9. Distribution of business. Appeals to the Full Court. Provision for sitting with assessors. 36 & 37 Vict. C, 66, s. 56. 2 of 1901, s. 13. 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 nonattendance and of person guilty of contempt of court. 22 of 1950, Schedule. Summary punishment of person guilty of perjury. [cf. s. 8.] 22 of 1950, Schedule. Rules of Court. 24 of 1950, Schedule. (Cap. 8.) [s. 37 cont.] (Cap. 4 rules). (53 & 54 Vict. C. 27.) [s. 37 cont.] Making of rules. 5 of 1896, s. 4. 24 of 1950, Schedule. Payment of fees by stamps.

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