SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE

SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE

CHAPTER 5.
SUPREME COURT (SUMMARY JURISDICTION)
ORDINANCE

ARRANGEMENT OF SECTIONS.
section page
1. Short title ............................. ... ... ... ... ... 160
2. Interpretation .......................... ... ... ... ... ... 160
3. Summary jurisdiction of Supreme Court ... ... ... 160
4. Additional Seal ............................ 160
5. Summary jurisdiction in respect of legal claims ... ... ... 160
6. Limitation of actions ................... ... ... . 161
7. Infancy or coverture no bar to right to sue or liability to be
sued ..................................161
8. Prohibition of splitting claims ............ ... ... ... 161
9. Actions under $1,000 by and against the Crown ... ... 161
10. Crown remedies, etc. ...................... ... ... ... 162
11. Summary jurisdiction in respect of equitable claims ... ... 163
12. Register of Civil Actions .............. ... ... ... ... 164
13. Commencement of action by writ of summons ... ... ... 164
14. Summary trial of action ................ ... ... ... ... 164
15. Framing of issues ...................... ... ... ... ... ... 164
16. Review of judgment ........1 .............. ... ... ... 164
17. Notice of action and of special defence ... ... ... ... 165.
18. Proceedings not to be set aside for want of form ... ... 165
19. Attendance or representation of parties ... ... ... ... 165
20. Trial by jury .......................... ... ... ... ... ... 165
21. Compensation to parties and witnesses ... ... ... ... 1 C5
22. Levy of execution .... ................ . .. ... ... ... ... 166
23. Right t,.) distrain not prejudiced ..... ... ... ... ... ... 1.66
24. Interpleader by bailiff ................... ... ... ... ... 166
25. Application of Code of Civil Procedure. Rules of Court 166
26. Transfer of action t.3 original jurisdiction ... ... ... 167
27. Transfer of action to summary jurisdiction ... ... ... 167
28..........................Procedure on transfer: special orders ... ... ... ... 167
29. Deprivation of cost., in certain cases where summary action
brought in original jurisdiction ....... ... ... ... ... 167
30...................Taxation of fees and costs ... ... ... ... ... ... ... 168
31...................Appearance of solicitors ... ... ... ... ... ... ... 168
32. Judge in summary jurisdiction. Appeal ... .... ... ... . 168
33. Appeal on question of fact ............. 168
34. Appeal on question of law or on matter of discretion ... 168
35. Powers of Full Court on appeal ......... ... ... ... ... 168
36. Stay of execution ...................... ... ... ... ... ... 169
37. Sittings of court ...................... ... ... ... ... ... 169
38. Application of present forms .............. ... ... ... 169

SCHEDULE.





CHAPTER 5.

SUPREME COURT (SUMMARY JURISDICTION).

Toabolish the Court of Summary Jurisdiction, and to
confer upon the Supreme Court a summary jurisdic-
tion at law and in equity.

[13th October, 1873.]

1. This Ordinance may be cited as the Supreme Court
(Summary jurisdiction) Ordinance.

2. In this Ordinance-
'bailiff' means the officer appointed to execute the process
of the Supreme Court in its summary jurisdiction;
'judge' means the presiding judge;
original jurisdiction' means the jurisdiction of the Supreme
Court on the trial of causes under the Code of Civil
Procedure;
'Original jurisdiction Register' means the Cause-Book
kept under the Code of Civil Procedure;
'Register of Civil Actions, Summary jurisdiction' means
the register of actions established under this Ordinance
'Registrar' means the Registrar of the Supreme Court;
'Supreme Court' or 'court' includes the Chief justice or
any other judge sitting in court or chambers.

3. 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.

4.The Supreme Court shall have and use, as occasion
may require, an additional seal bearing a device and impres
sion of the Royal Arms within an exergue or label surround
ing 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 juris
diction shall be stamped with such seal.

5. 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.

6. 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,
acknowledgement, undertaking, or promise to pay in respect,
thereof by, the party to be charged within three years before
the commencement of such action.

7. No person shall be precluded or exempted from
suing or being sited 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.

8. No cause of action which exists at any one time
amounting in the whole to a sum exceedincy *one thousand
dollars as aforesaid shall be split or divided so 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 dismiss the
action, without prejudice, however, to the plaintiff's right
to sue upon the cause of action in such other manner as
fie 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.

9. Whenever a cause of action under any contract
entered into in relation to any department of the public ser.
vice, in which the surn 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 Govern-
ment in respect of such cause of action or claim in and by

* Increased to $5,000 by Ordinance 35 of 1950.





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.

10. (1) Whenever any person makes default in pay-
ment of any sum of money due or payable by him to the
Crown in respect of rent, or of any assessment for rates,
or of any fees or forfeitures, or of any instalment thereof,
then without prejudice to any other remedy of the Crown
for the recovery of such sums, the Accountant General may
recover the same by action in the Supreme Court under the
provisions hereof, although the amount claimed exceeds *one
thousand dollars.

(2) The writ of summons in any such action shall be
taken to have been duly served if it appears, to the satisfac-
tion of the court, that the writ was left at the defendant's
residence or place of business, or, in case the same is
unknown, that it was left on the premises in respect of which
the claim is made.

(3) A certificate purporting to be under the hand of
the Accountant General, and setting forth that the sum
claimed is due or payable to the Crown and that the person
sued is liable to the payment thereof, and specifying the
nature and particulars of the claim shall be prima facie
evidence of the facts certified therein and of the signature
of the Accountant General thereto.

(4) The Accountant General shall sue as Accountant
General under this section, but may be represented in court
by any person lie may appoint for such purpose.

(5) In any case under this section, the court may award
interest at the rate of eight per cent per annum on the sum
adjudged to be recovered from the day when the same
became due or payable.

(6) The Chief Justice may make rules under this section
prescribing forms of particulars of claim and of certificates,
for the appointment and powers of bailiffs and otherwise for

Increased to $5,000 by Ordinance 35 of 1950.





the purpose of carrying out the provisions of this section.
Until such rules shall be made, the provisions.of section 9
of the Crown Remedies Ordinance, 1875, and the forms in
the Schedule to that Ordinance shall remain in force.

11. It shall be lawful for the Supreme Court to exercise
a summary jurisdiction in equity in the actions or matters
hereinafter mentioned-
(a)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;
(b)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;
(e)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;
(d)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;
(e)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
(f) in all proceedings for orders in the nature of injunc-
tions, 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

Increased to $5,000 by Ordinance 35 of 1950.





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.

12. (1) The Registrar shall keep or cause to be kept
a book called the 'Register of Civil Actions, Summary
jurisdiction', which shall be in the form in the Schedule or
as near thereto as circunistances 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.

13. Every action under this Ordinance shall be coin
menced by a writ of summons in the form prescribed by the
Code of Civil Procedure for actions instituted thereunder,
except that every 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 claim.

14. 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, withiin such time as aforesaid, to file
a written statement of his defence, and may permit any
defence on equitable grounds.

15. The judge may, in any proceeding before the court,
frame issues of law and of fact for the better trial and deter
mination of the cause.

16. It shall be lawful for the judge, on such grounds as
lie 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.

17. Except by consent or leave of the court, no cause or
matter in the summary jurisdiction of the court shall be set
down for trial or 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.

18. (1) No action or other proceeding in the summary
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 mistakes may in all
cases be amended or altered by the court.

(2) Unless the court otherwise directs, all applications
to the court or in chambers which may be necessary in the
course of any such action or proceeding may be made
verbally and without any preliminary formality.

19. (1) In every cause or matter if the court is satisfied
that any party who is not represented by a solicitor or counsel
is prevented by good cause from attending in person, 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.

20. The court may, on the application of either party,
order that a panel of six common or special jurors be formed,
and that a common or special jury of three persons shall be
drawn therefrom in accordance with the provisions of the
jury Ordinance.

21. 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.

22. 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 rnade,
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.

23. 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 Landlord and
Tenant Act, 1709, or any enactment relating to the recovery
of rent.

24. 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 land
lord 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 sumirions calling
before the court as well the party issuing such process as
the party making such claim, and 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.

25. (1) 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 case, for the avoiding of
delay or in furtherance of substantial justice, thinks fit
otherwise to direct, and except where the saiid provisions
may, in the opinion of the court, be unsuitable or may con-
flict or be inconsistent with any provisions of this Ordinance.





1 (2) Rules of Court may be made under this Ordinance
for purposes similar to the purposes specified in section 37 Of
the Supreme Court Ordinance, so far as such purposes are
applicable to the Supreme Court sitting in its summary
jurisdiction, and such rules may be made by any rules
committee appointed under the provisions of section 37 Of
that Ordinance.

26. In case the court is of opi.nion that, notwithstanding
the provisions of this Ordinance, an action commenced in
its summary jurisdiction ought to be tried in its original
jurisdibtion, 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.

27. In case the court is of opinion that an action com
menced in its original jurisdiction ought to have been com
menced in its summary jurisdiction, or in case the plaintiff's
claim is reduced by payment, an admitted set-off, or other
wise to a sum not exceeding *one thousand dollars and the
action is in other respects withi.n 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.

28. (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 so transferred which it may
deem necessary or expedient for carrying out the provisions
of sections 26 and 27.

29. 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

Increased to $5,000 by Ordinance 35 of 1950.





action was one which it was expedient to bring in such
manner.

30. All questions relating to fees and costs shall be
determined by the Registrar, subject to a review on summary
application to the court in chambers; and the amount allowed
oil such taxation or review shall be recoverable as a judg-
ment debt.

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

32. (1) A Puisne judge shall, as a general rule, preside
at the trial of all actions in summary jurisdiction.

(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, he may, within seven days from the date of the judg
ment, apply to the trial judge for leave to appeal, or, if he
refuses leave, 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 may in his or its discretion grant
leave to appeal on such terms as to notice and other matters
as he or it may think fit: Provided that the judge or the
Full Court, as the case may be, may extend the time for
any such application notwithstanding that such time may
have expired.

33. Where the appeal is from the decision of a question
of fact, the Full Court may deal with the case solely upon
the evidence originally taken or may re-examine any witness
or may admit further evidence.

34. Where the appeal is from a ruling or judgment on
a question of law or on a matter of discretion only, it shall
be heard upon a case to be stated by the parti,es (and, in the
event of any difference, to be settled by the Full Court), in
which case shall be set forth so much of the pleadings, if
any, the evidence, and the ruling or judgment objected to
as may be necessary to raise the question for the decision
of the Full Court.

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





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

37. The sittings of the court shall take place on such
day as may be fixed by the court.

38. Until forms are prescribed for use under this Ordin
ance by any general rule or order of the Supreme Court, and
so far as the same may be incomplete, all forms from time
to time in use in the Supreme Court or forms to the like
effect, with such variations and additions as circumstances
require, may be used for the purpose of carrying out the
provisions of this Ordinance, and shall (as regards the form
thereof) be valid and sufficient.

SCHEDULE. [s. 12.]

REGISTER OF CIVIL ACTIONS, SUMMARY JURISDICTION.

SUPREME COURT, SUMMARY JURISDICTION.

Register of actions in the Year 19

Parti- Date of Date of Judgment Return Amount Remarks.
Date of No. of Plain- Defen- culars hearing. judement. on appeal of execution of judgement
writ. action. tiff. dant. of
claim.
Originally 14 of 1873. Fraser 4 of 1873. 24 of 1950 4 of 1951 Short title. Interpretation. (Cap. 4, rules). Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converter no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. [s. 9 cont.] Crown remedies, etc. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. (6 of 1875). Summary jurisdiction in respect of equitable claims. [s. 11 cont.] Register of Civil Actions. Schedule. Commencement of action by writ of summons. (Cap. 4, rules). Summary trial of action. Framing of issues. Review of judgment. 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. (24 of 1950, Schedule). (Cap. 3.) Compensation to parties and witnesses. [s. 21 cont.] Levy of execution. Right to distrain not prejudiced. (8 Anne. C. 18). Interpleader by bailiff. Application of Code of Civil Procedure: Rules of court. (Cap. 4, rules). 4 of 1951, Schedule. 4 of 1951, Schedule. (Cap. 4). Transfer of action to original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer: special orders. Deprivation of costs in certain cases where summary action brought in original jurisdiction. [s. 29 cont.] Taxation of fees and costs. Appearance of solicitors. Judge in summary jurisdiction. Appeal. 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 14 of 1873. Fraser 4 of 1873. 24 of 1950 4 of 1951 Short title. Interpretation. (Cap. 4, rules). Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converter no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. [s. 9 cont.] Crown remedies, etc. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. 24 of 1950, Schedule. (6 of 1875). Summary jurisdiction in respect of equitable claims. [s. 11 cont.] Register of Civil Actions. Schedule. Commencement of action by writ of summons. (Cap. 4, rules). Summary trial of action. Framing of issues. Review of judgment. 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. (24 of 1950, Schedule). (Cap. 3.) Compensation to parties and witnesses. [s. 21 cont.] Levy of execution. Right to distrain not prejudiced. (8 Anne. C. 18). Interpleader by bailiff. Application of Code of Civil Procedure: Rules of court. (Cap. 4, rules). 4 of 1951, Schedule. 4 of 1951, Schedule. (Cap. 4). Transfer of action to original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer: special orders. Deprivation of costs in certain cases where summary action brought in original jurisdiction. [s. 29 cont.] Taxation of fees and costs. Appearance of solicitors. Judge in summary jurisdiction. Appeal. 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.

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1950

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