SUPREME COURT ORDINANCE, 1873
Title
SUPREME COURT ORDINANCE, 1873
Description
Supreme Court (Reconstitution.)
No. 12 of 1873.
An Ordinance to amend the Constitution of the Supreme Court
of Judicature of the Colony,
[30th September, 1873.]
WHEREAS it is expedient to amend the constitution of the SupremeCourt
of Judicature' tile Colony,, by providing for the appoint-
~m ent of a Puisne Judge-in addition to the Chief Justice of the said
Court
$e it enacted by the Governor of 1:longkong,* with the advice of ythe
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as ' The Supreme Court Ordinance,
inter ~~ti%. ` 2. 'fhe following terms and expressions shall be understood
as herein-
tlQ~.l-(;~&1788..
after defined or explained, unless there be something in the subject ox
otext repugnant to such definition or explanation; that i
on s to say:-
' Court' shall mean the Supreme Court and shall include
the Chief Justice and the f uisne Judge of the Supreme Court
sitting together or separately in Court or in Chambers.
' Null Court ' shall mean the Chief Justice and the Puisne
Judge sitting together.
' Supreme Court ' shall .mean the Supreme Court of the
Colony established under .Ordinance No.-'6 of 1845, and recon-
stituted by this Ordinance.
3. Ordinances No. 6.of 1845, No. 2-of 1846 and No. 1 of 1869 are
hereby repealed, subject lievertheless,as regard-s the first two
Ordinances
hereilibefore mentioned to the provisions of sections 4~and 5 next herein-
after contained.
ORDINANCE .IVo: -12'--0t 1:8r-3:
Supreme Court (Reconstitution).
4. Notwithstanding the repeal of Ordinance No. 6 of 1845, the,' snpri'ne.
Supreme Court established under that Ordinance shall not be deemed to
be abolished, but shall continue to exist as reconstituted by this
Ordinance,
and shall be as heretofore a Court of 'Record arid the Supreme Court of
Judicature of the Colony. - ,
b. Notwithstanding the repeal of Ordinance No. G of 1845; the Chief
Justice and all persons who at the date of the passing of this Ordinance
shall hold any office in the Supreme Court established under Ordinance
.No. G of 1845, shall continue to hold their respective offices in the
said
Court as re-constituted by this Ordinance as filly as if they had been re-
appointed t4ereunder; and no claims for compensation in respect of
abolition of offloe shall be allowed. - -
6. The Supreme Court shall continue to use the same seal as hereto-
fore, that is to say, a seal bearing a device and impression of the Royal
Arms, within an exergue or label surrounding the salve, with this
illscrip-
tion, ~~ The Seal of the Supreme Court of 1Tonalcoll;,',' awl all writs
and
other process issuing out of the said Court shall be sealed therewith.
Ot to-;
be deemed -
abolished.
Continuation
of offices in
Supreme
Court.
Seal of the
Court.
No. c of
~845,8. c.l
7. Such of the laws of England as existed when the Colouy obtained .
Howfar tj of-,
.
a local legislature, that is to say, on the 5th day of Apryl,
I84.3,kah411 be ~nglanashr~ii
xevail in the
in force within the Colony, subject to the provisions-of,v3rtll4ance No.
11- ~olony:
of 18t;5 and except so far as the said lays shall be inapplicable to the
local if 84s~,$.~4 No.
circumstances of the Colony or of its inhabitants. No2 ~ f 8. a,
rata, a. r.]
How far the
practice of
English
Courts shall
revail. .
~~. s of
~sga, 8. 4a
8. Such portions of the practice of the English Courts as exi;,ted on
the said 5th day of April, 184, shall be in force in the Colony, subject
to the same exception as to their applicability as is contained in the
last
preceding section in relation to the laws of England, and except so far as
such-practice may be repealed or suspended by any Ordinance for the tune
being in force in the Colony relating to practice and procedure. -
9. The Supreme Court shall have the same j urisdiction in the Colony
auxisamtzou
of the Court
0f~T.sngkt'.r~g and its dependencies, as Her Majesty's. Courts of ~ueat
Common
Bench, Common Pleas, and-Exchequer, lawfully have in England; and Law of
shall be a Court of Oyer and Terminer, and Gaol Delivery, AssizEi and ISW
8. r¢.]
INisi Prius.
. 10. The Supre;xle Court shall be a Court of Equity., with such and m
equity,
the- like. jurisdiction as the Court of Chancery in England ; and shill
have ;S~z,°~, 8,°r ,
3 (1: Ord.
4ee
7_110: 7.erf z85B.
0~'tl. O'o;14 of
185ITR. T. OTd.-
tvn. 3 0, f T 858,
RR. 4. 5. 6. Ord .
No. 3 of z86z.]
Row= vacaney
titan of
~u~re_me
Court.
(1Vo. B of
z845, R. 5.)
(IRD=INA\ CE No: 12 0F.1,ST3.
Supreme Court (Reconstitutionj.
anal execute all and singular the powers and authorities of the Lord
I-Iigh
Chancellor of England, with full liberty to appoint and control guardians
of infants, and their estates, and also beepers of the persons and
estates of
idiots, lunatics, and such as, being of unsound mind; are unable to govern
themselves and their estates.
11., From and after: the passing of this Ordinance, the Supreme Court
shall consist of, and be holden by and before a Chief Justice and a Puisne
Judge. Every future Chief Justice and every- Puisne Judge shall be
appointed from time to tune by Letters Patent under the public seal of the
Colony, by the Governor, in accordance with such instructions as he may'
receive through one of Her: Majesty's Principal Secretar;es of State; and
the said Judges shall respectively hold their offices during the pleasure
of
Her Majesty, subject to suspension by the Governor in life manner as
other offrcers in the Colony.
12. In case the office of either of the said Judges shall become vacant
by. 'death, or otherwise, it shall be lawful for the Governor to appoint
nnit>ay: _ lit and ~ proper-,person ~to . fill: either of the said
offices until Her
'~I~.je~ty's`-lsleasuie be hno~.vn;~ arid in ease of the temporary
illness or
=~iqeuce.4 ,either of the said Judges, it~ghall°be lawful for the
Governor, in
his discretion, to ap~a.-fit an proper person to fill the office of.such
Judge
until he shall resume the duties thereof: Provided always that until any
apomtmei'i~, be 'made under this section, the whole business of the Court,
p.
except thefheariirg of appeals and other matters required to be heard
before
the rull,:Court; shall devolve. upon and be transacted by the remaining or
contriufng Judge.
113. No Judge of the Supreme Court shall be capable of accepting,
omoeofgoat. . talr~~1(;, or perforrn.ing, any other office or place of
profit, or emolument,
y,] , , ; _ nciwauthorised by law, on pain that the acceptance of any such
other office
orflace as aforesaid, shall be and be deemed in law de facto au avoidance
t - of=h s,<office .of Judge, and the salary thereof shall cease and be
:deemed
i ;. to `have teased accordingly, from the time of such, acceptance of any
such
other office or place. ,
'. ~oGSaireatea. ' 14 In all cases in which by any law in force within
tile 11j'oAftyl
to be 'perform-
by j0ieial or other act is directed or authorized to be performed by
Chief Justice, -,
the (,fief Justice, such act may be performed by the r'uisna, Judge, arid
if so p6?'formed shall, subject to the provisions of' section 18 be as
valid
t I ilitents and purposes as if the same bad beeia performed by the
~0.
Chief. justice
O:RDINTANCE N'' o. -12 .uF l; 8ie.
Supreme .Court, (Reconstitution).
15. There shall be and belong to the Supreme Court the following
-officers, that is to say, a Registrar, a Deputy Registrar, ca clerk of
the Court,
['two Delmty Registrars, 2 clerks of the Court' a.s amended by Ordinance
No. 22 of 1882] and such and so many clerks, interpreters and other
officers, as to the Governor shall, from time to time, appear to be
necessary
for the administration of justice, and the due execution of all the powers
and authorities which .are granted and committed to the Court by this
Ordinance.
16. The several superior officers of the Court, who no«r are, or here-
after may be appointed to their offices by Her Majesty, Her Heirs; and
Successors, shall hold their several offices during the pleasure of Her
Majesty, subject to suspension by the Governor, in like manner as other
officers in the Colony; and all other officers shall be removable from
their
several offices in the said Court by the Governor, upon reasonable cause.
17. The Chief Justice shall regulate the distribution of business in
the Court, and all suits and other proceedings whatsoever, except appeals,
may in the first instance, be heard before either of the two J udbes
sitting
alone, unless the Chief Justice shall direct that the same shall be heard
before the Full Court.
Officers of the
Court.
(No. 8 If 1845,
Oftjcers how
to hold office.
(No. 6 o,J'1845,
F. 8.]
Distribution
of business.
Powers of
single Judge.
18. There shall be an appeal as of right from every declsxonof one:
~.uu~l~totha`
~~ll cour~.
of the Judges sitting alone, on thehearin,ofanysuitorproseedina (other
iNa:z0Jvsgs,,
F. 3.]
than a criminal trial) and every appeal from such decision, or from the
decision of any Magistrate, and all questions of lacy reserved for further
consideration on any. such criminal trial, shall be heard before the Full
Court.
19. ~~' henever the Full Court shall sit under the provisions of the
last preceding section, or for the hearing and determination in the first
instance of any suit or other proceeding whatsoever, and there shay: he- a
difference of opinion between the two Judges, the Chief Justice sl~ail
have
a double or casting vote.
20. In case there - shall not be a sufficient number of barristers,
solicitors, attornies,, glad proctors within the Colony, competent afld
vlilAy
to appear and act for the. suitors o the Supreme Court, it.shall be
la~ful
for the Chief Justice to admit temporarily so many other fit and .propez-
persons, to appear and act as barristers, solicitors, attornies, and
.proctors;
as may be, necessary,. aec.ordino, to such rules and regulations as.the
Chief
Justice shall,;Ar.that purpose,, make and establish : Provided that the
Double or
casting vote.
1 it persons to
be admitted to
practise for -
three months
in case of
necessity. - .
[No. 6 <f 184,
s. TT.]
Allowance of'
expenses and
compensation
to witnesses.
[Nn. 8 of 1845,
x.. 2(l.J
Punishment
of witnesses
for non.
attendance.
Contempt of
Court.
[Nn. a of r845,
summary
punishment
for perjury.
[zoo. a of 1845,
ORDINANCE No. 12 of 1$711.
Supreme Court (Reconstitution).
persons so admitted shall be admitted for a period of three months only,
and shall .not be re-admitted without obvious necessity.
21. It shall and may be lawful, to and for the presiding Judne, in
all proceedings therein, whether of a civil or criminal nature, to order
and
allow to all persons examined or detained as witnesses in any such
proceeding, such sutra or sums ,of money as shall seem fit, as well fol-
defraying the reasonable expenses of such witnesses, as for affording them
a reasonable compensation for their trouble and loss of time.
'22. If any person served with a subpoena to attend the Supreme
Court as a witness in any suit or action therein, or upon the trial of any
indictment or information, shall refuse or nenlect to attend the Court,
pursuant to such subpoena, or if any person shall be guilty of any
contempt
before the Court, it shall be lawful for the presiding Judge to punish any
such, person in a summary way, by fine not exceeding one hundred dollars,
or by imprisonment for any time not exceeding two months: Provided
that.nothing herein contained shall affect or abridge the right of any
plaintiff or defendant to proceed against any party -for not appearing
pursuant to his subpoena for the recovery of any special damage such
plaintiff or defendant may have sustained by reason of the disobedience
of any such party.
2,3, If in any cause, suit, or action, civil or criminal, or in any
proceeding connected therewith, it shall appear to the Court that any
person examined as a witness upon oath or declaration, or if a quaker on
affirmation, has committed wilful and corrupt perjury, or that any person,
in swearing, declaring, or affirming 'in any affidavit, declaration or
affirmation required to be made before the Court, has been guilty of the
IiTt-e,0.ffence, then in each and every such case, it shall and may be
lawful
for t~e~`Court to direct a prosecution for,perjury to be forthwith
instituted
againkt any such person so falsely swearing, declaring, or affirming as
6bre8aid, in order that he may be punished according to, law: or where
sulh perjury is committed by any person examined as ,a ,witness in open
Court, .it shall be lawful for the Court instead of directing such
prosecution
to be instituted as aforesaid, either to commit such witness, as for a
contempt of the Court, to prison, for anytime not exceeding three months,
with or, without lard labor, or to fine such witness in,,any sum not
exceeding one hundred dollars: Provided thaw the powers hereinbefore'
ORDIV'ANCE :'V'o. 12 0F 1873.
Supreme Court (Recopstitution).
given shall be in full. force and operation, notvvittstandino, any
irregularity
,or want of form in the administration of the oath, declaration, or
affirmation.
24. It shall be lawful for the Chief Justice- to make General rules
:and orders, for regulating the times of holding the Court [and the
periods
of the vacation thereof, repealed by Ordinance No. 17 ol-1882] the forms
to be
used and the fees to be payable therein, and also the fees of counsel and
the costs of attorney, and such rates and orders from time to time to
alter, amend, or revoke, ,as occasion may require: Provided always that
no such rules or orders, or any alteration, amendment, or revocation
thereof, shall be deemed binding until the same shall have been revised
and approved of by the Legislative Council and shall have been published
in the Gazette, but all such rules and orders and all such alterations,
amendments and revocations thereof, when so revised, approved, and
published as aforesaid, shall have the same force and effect far all
purposes as if the same had been made by Ordinance and shall in like
manner come into immediate operation sulaject to disallowance by Iler
Majesty.'
'v
rower td
make General
Rules and
Orders.
[Sea No. Q of
1845, s. Q3
and No. Q a~' -
1846, a. 4.3w
26. The Ti ull Court shall have power, upon reasonable cause,' to sGizki
r~g ~9;-
tk~ Ilol~s,an6`~. -
suspend any barrister, advocate, solicitor ), attorney., or proctor 'from
RuBpent3znn
practising as such within the Colony duri :g any specified period, or to
fr°m '1)ract'ee'
order his name to be struck off the Rolls of t e Court: Provided always
that this section shall . not apply to the Attey General or the Crown.
Solicitor. -
Qg. There shall be a period of vacation for the premp Court in each year
of
two months. ~ The months of August and September ~,,uwM be the vacation
months,
and except as hereinafter mentioned, no business shall be transacted by
the Supreme
Court or the offices connected therewith during vacp,tion.' [Repealed by
Ordinance No.
17 of 1882.1
27. The Supreme Court and the offices connecter^therewith shall. be open
during vacation for the purpose of holding the Ordinary ''riminal
Sessions, or any
Special Criminal Session, and also for the purpose of issuing av 'ts and
of compieti 741;;-1'
by leave of the Court, any civil business actually commenced b fore the
first day of
vacation or of transacting any other business under the provisions of the
section
next hereinafter contained. [Repealed by Ordinance No. 17 of 1882.
Vacation of the
Court.
The Court to be
open in varstlon
for certain
purposes.
Q$; It shall be lawful for the Court during vacation to-receive petitions
and reWerto
transact urgent
applications for injunctions, attachments, executions, and otlaeuburgent
matters, and business in
vacation. - .
to grant and dissolve, or set aside the same, 'and also if it shall think
expedient so to
Supreme Court (Reconstitution).
No. 12 of 1873.
do under the circumstances of any particular case, to transact any other
civil business;
and every act, matter, or thing done in vacation in pursuance of this
section sliall be
as valid to all intents and purposes as if done out of vacation.
[Repealed by Ordinancs'
No. 1 7 of 1882.]
29. One of the two Judges shall remain in the Colony during vacation, and
the offices of the Supreme Court shall be open daily between the hours of
eleven A.M.'
and one P.m., or between any other hours by special order of the Court.
[Repealed by
Ordinance No. 1 % of r882.]
30. The periods of the vacation of the Supreme Court may be varied from
time to time by a General Rule or Order of Court to be made by the Chief
J-ustice, and
approved by the Legislative Council in the manner hereinbefore
prescribed. [Repealectf
by Ordinance No. 17 of 1882.
31. The Supreme Court shall hold its sittings in the present:
Supreme Court building, or in such other place as the Governor shall
from tune to time appoint.
32. All suits and proceedings whatsoever commenced and pending
in the Supreme Court at the date of the passing of this Ordinance sh`alY
be:-Vontinued, in tlxe- 8upre Court as re-constituted -under this 0r-
dinance. -
33. This Ordinarzce shkIll° commence and take effect on such day
as shall hereafter be filed': by procla~;nation under the hand of the
Governor.
[In force from 18th October, .Jf 873, under Proclamation, of the 10th
October, 1878.]
1192
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
1193
Supreme Court not to be deemed abolished.
Continuation of offices in Supreme Court.
Seal of the Court.
[No. 6 of 1845, s. 6.]
How far the law of England shall prevail in the Colony.
[No. 6 of 1845, s. 4 , No. 2 of 1846, s. 3 No. 11 of 1865, s. 1.]
How far the practice of English Courts shall prevail.
[No. 6 of 1845, s. 4.]
Jurisdiction of the Court at Common Law.
[No. 6 of 1845, s. 14.]
In Equity.
[No. 6 of 1845, s. 15,
1194
and see Ord. No. 7 of 1856. Ord. No. 14 of 1856, s. 1. Ord. No. 3 of 1858, ss. 4. 5. 6. Ord. No. 3 of 1861.]
Re-constitution of Supreme Court.
[No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up.
[No. 6 of 1845, s. 5.]
Judges to hold no other office of profit.
[No. 6 of 1845, s. 7.]
Avts directed to be performed by the Chief Justice.
1195
Officers of the Court.
[No. 6 of 1845. s. 8.]
Officers how to hold office.
[No. 6 of 1845, s. 9.]
Distribution of business.
Powers of single Judge.
Appeals to the Full Court.
[No. 2 of 1869, s. 3.]
Double or casting vote.
Fit persons to be admitted to practise for three months in case of necessity.
[No. 6 of 1845, s. 11.]
1196
Allowance of epenses and compensation to witnesses.
[No. 6 of 1845, s. 26.]
Punishment of witnesses for non-attendance.
Contempt of Court.
[No. 6 of 1845, s. 27.]
Summary punishment for perjury.
[No. 6 of 1845, s. 28.]
1197
Power to make General Rules and Orders.
[See No. 6 of 1845, s. 23 and No. 2 of 1846, s. 4.]
Striking off the Rolls and suspension from practice.
Vacation of the Court.
The Court to be open in vacation for certain purposes.
Power to transact urgent business in vacation.
1198
Vacation Judge.
Power to vary periods of vacation.
Place of sitting of the Court.
[No. 6 of 1845, s. 23.]
Pending suit.
Commencement of Ordinance.
No. 12 of 1873.
An Ordinance to amend the Constitution of the Supreme Court
of Judicature of the Colony,
[30th September, 1873.]
WHEREAS it is expedient to amend the constitution of the SupremeCourt
of Judicature' tile Colony,, by providing for the appoint-
~m ent of a Puisne Judge-in addition to the Chief Justice of the said
Court
$e it enacted by the Governor of 1:longkong,* with the advice of ythe
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as ' The Supreme Court Ordinance,
inter ~~ti%. ` 2. 'fhe following terms and expressions shall be understood
as herein-
tlQ~.l-(;~&1788..
after defined or explained, unless there be something in the subject ox
otext repugnant to such definition or explanation; that i
on s to say:-
' Court' shall mean the Supreme Court and shall include
the Chief Justice and the f uisne Judge of the Supreme Court
sitting together or separately in Court or in Chambers.
' Null Court ' shall mean the Chief Justice and the Puisne
Judge sitting together.
' Supreme Court ' shall .mean the Supreme Court of the
Colony established under .Ordinance No.-'6 of 1845, and recon-
stituted by this Ordinance.
3. Ordinances No. 6.of 1845, No. 2-of 1846 and No. 1 of 1869 are
hereby repealed, subject lievertheless,as regard-s the first two
Ordinances
hereilibefore mentioned to the provisions of sections 4~and 5 next herein-
after contained.
ORDINANCE .IVo: -12'--0t 1:8r-3:
Supreme Court (Reconstitution).
4. Notwithstanding the repeal of Ordinance No. 6 of 1845, the,' snpri'ne.
Supreme Court established under that Ordinance shall not be deemed to
be abolished, but shall continue to exist as reconstituted by this
Ordinance,
and shall be as heretofore a Court of 'Record arid the Supreme Court of
Judicature of the Colony. - ,
b. Notwithstanding the repeal of Ordinance No. G of 1845; the Chief
Justice and all persons who at the date of the passing of this Ordinance
shall hold any office in the Supreme Court established under Ordinance
.No. G of 1845, shall continue to hold their respective offices in the
said
Court as re-constituted by this Ordinance as filly as if they had been re-
appointed t4ereunder; and no claims for compensation in respect of
abolition of offloe shall be allowed. - -
6. The Supreme Court shall continue to use the same seal as hereto-
fore, that is to say, a seal bearing a device and impression of the Royal
Arms, within an exergue or label surrounding the salve, with this
illscrip-
tion, ~~ The Seal of the Supreme Court of 1Tonalcoll;,',' awl all writs
and
other process issuing out of the said Court shall be sealed therewith.
Ot to-;
be deemed -
abolished.
Continuation
of offices in
Supreme
Court.
Seal of the
Court.
No. c of
~845,8. c.l
7. Such of the laws of England as existed when the Colouy obtained .
Howfar tj of-,
.
a local legislature, that is to say, on the 5th day of Apryl,
I84.3,kah411 be ~nglanashr~ii
xevail in the
in force within the Colony, subject to the provisions-of,v3rtll4ance No.
11- ~olony:
of 18t;5 and except so far as the said lays shall be inapplicable to the
local if 84s~,$.~4 No.
circumstances of the Colony or of its inhabitants. No2 ~ f 8. a,
rata, a. r.]
How far the
practice of
English
Courts shall
revail. .
~~. s of
~sga, 8. 4a
8. Such portions of the practice of the English Courts as exi;,ted on
the said 5th day of April, 184, shall be in force in the Colony, subject
to the same exception as to their applicability as is contained in the
last
preceding section in relation to the laws of England, and except so far as
such-practice may be repealed or suspended by any Ordinance for the tune
being in force in the Colony relating to practice and procedure. -
9. The Supreme Court shall have the same j urisdiction in the Colony
auxisamtzou
of the Court
0f~T.sngkt'.r~g and its dependencies, as Her Majesty's. Courts of ~ueat
Common
Bench, Common Pleas, and-Exchequer, lawfully have in England; and Law of
shall be a Court of Oyer and Terminer, and Gaol Delivery, AssizEi and ISW
8. r¢.]
INisi Prius.
. 10. The Supre;xle Court shall be a Court of Equity., with such and m
equity,
the- like. jurisdiction as the Court of Chancery in England ; and shill
have ;S~z,°~, 8,°r ,
3 (1: Ord.
4ee
7_110: 7.erf z85B.
0~'tl. O'o;14 of
185ITR. T. OTd.-
tvn. 3 0, f T 858,
RR. 4. 5. 6. Ord .
No. 3 of z86z.]
Row= vacaney
titan of
~u~re_me
Court.
(1Vo. B of
z845, R. 5.)
(IRD=INA\ CE No: 12 0F.1,ST3.
Supreme Court (Reconstitutionj.
anal execute all and singular the powers and authorities of the Lord
I-Iigh
Chancellor of England, with full liberty to appoint and control guardians
of infants, and their estates, and also beepers of the persons and
estates of
idiots, lunatics, and such as, being of unsound mind; are unable to govern
themselves and their estates.
11., From and after: the passing of this Ordinance, the Supreme Court
shall consist of, and be holden by and before a Chief Justice and a Puisne
Judge. Every future Chief Justice and every- Puisne Judge shall be
appointed from time to tune by Letters Patent under the public seal of the
Colony, by the Governor, in accordance with such instructions as he may'
receive through one of Her: Majesty's Principal Secretar;es of State; and
the said Judges shall respectively hold their offices during the pleasure
of
Her Majesty, subject to suspension by the Governor in life manner as
other offrcers in the Colony.
12. In case the office of either of the said Judges shall become vacant
by. 'death, or otherwise, it shall be lawful for the Governor to appoint
nnit>ay: _ lit and ~ proper-,person ~to . fill: either of the said
offices until Her
'~I~.je~ty's`-lsleasuie be hno~.vn;~ arid in ease of the temporary
illness or
=~iqeuce.4 ,either of the said Judges, it~ghall°be lawful for the
Governor, in
his discretion, to ap~a.-fit an proper person to fill the office of.such
Judge
until he shall resume the duties thereof: Provided always that until any
apomtmei'i~, be 'made under this section, the whole business of the Court,
p.
except thefheariirg of appeals and other matters required to be heard
before
the rull,:Court; shall devolve. upon and be transacted by the remaining or
contriufng Judge.
113. No Judge of the Supreme Court shall be capable of accepting,
omoeofgoat. . talr~~1(;, or perforrn.ing, any other office or place of
profit, or emolument,
y,] , , ; _ nciwauthorised by law, on pain that the acceptance of any such
other office
orflace as aforesaid, shall be and be deemed in law de facto au avoidance
t - of=h s,<office .of Judge, and the salary thereof shall cease and be
:deemed
i ;. to `have teased accordingly, from the time of such, acceptance of any
such
other office or place. ,
'. ~oGSaireatea. ' 14 In all cases in which by any law in force within
tile 11j'oAftyl
to be 'perform-
by j0ieial or other act is directed or authorized to be performed by
Chief Justice, -,
the (,fief Justice, such act may be performed by the r'uisna, Judge, arid
if so p6?'formed shall, subject to the provisions of' section 18 be as
valid
t I ilitents and purposes as if the same bad beeia performed by the
~0.
Chief. justice
O:RDINTANCE N'' o. -12 .uF l; 8ie.
Supreme .Court, (Reconstitution).
15. There shall be and belong to the Supreme Court the following
-officers, that is to say, a Registrar, a Deputy Registrar, ca clerk of
the Court,
['two Delmty Registrars, 2 clerks of the Court' a.s amended by Ordinance
No. 22 of 1882] and such and so many clerks, interpreters and other
officers, as to the Governor shall, from time to time, appear to be
necessary
for the administration of justice, and the due execution of all the powers
and authorities which .are granted and committed to the Court by this
Ordinance.
16. The several superior officers of the Court, who no«r are, or here-
after may be appointed to their offices by Her Majesty, Her Heirs; and
Successors, shall hold their several offices during the pleasure of Her
Majesty, subject to suspension by the Governor, in like manner as other
officers in the Colony; and all other officers shall be removable from
their
several offices in the said Court by the Governor, upon reasonable cause.
17. The Chief Justice shall regulate the distribution of business in
the Court, and all suits and other proceedings whatsoever, except appeals,
may in the first instance, be heard before either of the two J udbes
sitting
alone, unless the Chief Justice shall direct that the same shall be heard
before the Full Court.
Officers of the
Court.
(No. 8 If 1845,
Oftjcers how
to hold office.
(No. 6 o,J'1845,
F. 8.]
Distribution
of business.
Powers of
single Judge.
18. There shall be an appeal as of right from every declsxonof one:
~.uu~l~totha`
~~ll cour~.
of the Judges sitting alone, on thehearin,ofanysuitorproseedina (other
iNa:z0Jvsgs,,
F. 3.]
than a criminal trial) and every appeal from such decision, or from the
decision of any Magistrate, and all questions of lacy reserved for further
consideration on any. such criminal trial, shall be heard before the Full
Court.
19. ~~' henever the Full Court shall sit under the provisions of the
last preceding section, or for the hearing and determination in the first
instance of any suit or other proceeding whatsoever, and there shay: he- a
difference of opinion between the two Judges, the Chief Justice sl~ail
have
a double or casting vote.
20. In case there - shall not be a sufficient number of barristers,
solicitors, attornies,, glad proctors within the Colony, competent afld
vlilAy
to appear and act for the. suitors o the Supreme Court, it.shall be
la~ful
for the Chief Justice to admit temporarily so many other fit and .propez-
persons, to appear and act as barristers, solicitors, attornies, and
.proctors;
as may be, necessary,. aec.ordino, to such rules and regulations as.the
Chief
Justice shall,;Ar.that purpose,, make and establish : Provided that the
Double or
casting vote.
1 it persons to
be admitted to
practise for -
three months
in case of
necessity. - .
[No. 6 <f 184,
s. TT.]
Allowance of'
expenses and
compensation
to witnesses.
[Nn. 8 of 1845,
x.. 2(l.J
Punishment
of witnesses
for non.
attendance.
Contempt of
Court.
[Nn. a of r845,
summary
punishment
for perjury.
[zoo. a of 1845,
ORDINANCE No. 12 of 1$711.
Supreme Court (Reconstitution).
persons so admitted shall be admitted for a period of three months only,
and shall .not be re-admitted without obvious necessity.
21. It shall and may be lawful, to and for the presiding Judne, in
all proceedings therein, whether of a civil or criminal nature, to order
and
allow to all persons examined or detained as witnesses in any such
proceeding, such sutra or sums ,of money as shall seem fit, as well fol-
defraying the reasonable expenses of such witnesses, as for affording them
a reasonable compensation for their trouble and loss of time.
'22. If any person served with a subpoena to attend the Supreme
Court as a witness in any suit or action therein, or upon the trial of any
indictment or information, shall refuse or nenlect to attend the Court,
pursuant to such subpoena, or if any person shall be guilty of any
contempt
before the Court, it shall be lawful for the presiding Judge to punish any
such, person in a summary way, by fine not exceeding one hundred dollars,
or by imprisonment for any time not exceeding two months: Provided
that.nothing herein contained shall affect or abridge the right of any
plaintiff or defendant to proceed against any party -for not appearing
pursuant to his subpoena for the recovery of any special damage such
plaintiff or defendant may have sustained by reason of the disobedience
of any such party.
2,3, If in any cause, suit, or action, civil or criminal, or in any
proceeding connected therewith, it shall appear to the Court that any
person examined as a witness upon oath or declaration, or if a quaker on
affirmation, has committed wilful and corrupt perjury, or that any person,
in swearing, declaring, or affirming 'in any affidavit, declaration or
affirmation required to be made before the Court, has been guilty of the
IiTt-e,0.ffence, then in each and every such case, it shall and may be
lawful
for t~e~`Court to direct a prosecution for,perjury to be forthwith
instituted
againkt any such person so falsely swearing, declaring, or affirming as
6bre8aid, in order that he may be punished according to, law: or where
sulh perjury is committed by any person examined as ,a ,witness in open
Court, .it shall be lawful for the Court instead of directing such
prosecution
to be instituted as aforesaid, either to commit such witness, as for a
contempt of the Court, to prison, for anytime not exceeding three months,
with or, without lard labor, or to fine such witness in,,any sum not
exceeding one hundred dollars: Provided thaw the powers hereinbefore'
ORDIV'ANCE :'V'o. 12 0F 1873.
Supreme Court (Recopstitution).
given shall be in full. force and operation, notvvittstandino, any
irregularity
,or want of form in the administration of the oath, declaration, or
affirmation.
24. It shall be lawful for the Chief Justice- to make General rules
:and orders, for regulating the times of holding the Court [and the
periods
of the vacation thereof, repealed by Ordinance No. 17 ol-1882] the forms
to be
used and the fees to be payable therein, and also the fees of counsel and
the costs of attorney, and such rates and orders from time to time to
alter, amend, or revoke, ,as occasion may require: Provided always that
no such rules or orders, or any alteration, amendment, or revocation
thereof, shall be deemed binding until the same shall have been revised
and approved of by the Legislative Council and shall have been published
in the Gazette, but all such rules and orders and all such alterations,
amendments and revocations thereof, when so revised, approved, and
published as aforesaid, shall have the same force and effect far all
purposes as if the same had been made by Ordinance and shall in like
manner come into immediate operation sulaject to disallowance by Iler
Majesty.'
'v
rower td
make General
Rules and
Orders.
[Sea No. Q of
1845, s. Q3
and No. Q a~' -
1846, a. 4.3w
26. The Ti ull Court shall have power, upon reasonable cause,' to sGizki
r~g ~9;-
tk~ Ilol~s,an6`~. -
suspend any barrister, advocate, solicitor ), attorney., or proctor 'from
RuBpent3znn
practising as such within the Colony duri :g any specified period, or to
fr°m '1)ract'ee'
order his name to be struck off the Rolls of t e Court: Provided always
that this section shall . not apply to the Attey General or the Crown.
Solicitor. -
Qg. There shall be a period of vacation for the premp Court in each year
of
two months. ~ The months of August and September ~,,uwM be the vacation
months,
and except as hereinafter mentioned, no business shall be transacted by
the Supreme
Court or the offices connected therewith during vacp,tion.' [Repealed by
Ordinance No.
17 of 1882.1
27. The Supreme Court and the offices connecter^therewith shall. be open
during vacation for the purpose of holding the Ordinary ''riminal
Sessions, or any
Special Criminal Session, and also for the purpose of issuing av 'ts and
of compieti 741;;-1'
by leave of the Court, any civil business actually commenced b fore the
first day of
vacation or of transacting any other business under the provisions of the
section
next hereinafter contained. [Repealed by Ordinance No. 17 of 1882.
Vacation of the
Court.
The Court to be
open in varstlon
for certain
purposes.
Q$; It shall be lawful for the Court during vacation to-receive petitions
and reWerto
transact urgent
applications for injunctions, attachments, executions, and otlaeuburgent
matters, and business in
vacation. - .
to grant and dissolve, or set aside the same, 'and also if it shall think
expedient so to
Supreme Court (Reconstitution).
No. 12 of 1873.
do under the circumstances of any particular case, to transact any other
civil business;
and every act, matter, or thing done in vacation in pursuance of this
section sliall be
as valid to all intents and purposes as if done out of vacation.
[Repealed by Ordinancs'
No. 1 7 of 1882.]
29. One of the two Judges shall remain in the Colony during vacation, and
the offices of the Supreme Court shall be open daily between the hours of
eleven A.M.'
and one P.m., or between any other hours by special order of the Court.
[Repealed by
Ordinance No. 1 % of r882.]
30. The periods of the vacation of the Supreme Court may be varied from
time to time by a General Rule or Order of Court to be made by the Chief
J-ustice, and
approved by the Legislative Council in the manner hereinbefore
prescribed. [Repealectf
by Ordinance No. 17 of 1882.
31. The Supreme Court shall hold its sittings in the present:
Supreme Court building, or in such other place as the Governor shall
from tune to time appoint.
32. All suits and proceedings whatsoever commenced and pending
in the Supreme Court at the date of the passing of this Ordinance sh`alY
be:-Vontinued, in tlxe- 8upre Court as re-constituted -under this 0r-
dinance. -
33. This Ordinarzce shkIll° commence and take effect on such day
as shall hereafter be filed': by procla~;nation under the hand of the
Governor.
[In force from 18th October, .Jf 873, under Proclamation, of the 10th
October, 1878.]
1192
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
1193
Supreme Court not to be deemed abolished.
Continuation of offices in Supreme Court.
Seal of the Court.
[No. 6 of 1845, s. 6.]
How far the law of England shall prevail in the Colony.
[No. 6 of 1845, s. 4 , No. 2 of 1846, s. 3 No. 11 of 1865, s. 1.]
How far the practice of English Courts shall prevail.
[No. 6 of 1845, s. 4.]
Jurisdiction of the Court at Common Law.
[No. 6 of 1845, s. 14.]
In Equity.
[No. 6 of 1845, s. 15,
1194
and see Ord. No. 7 of 1856. Ord. No. 14 of 1856, s. 1. Ord. No. 3 of 1858, ss. 4. 5. 6. Ord. No. 3 of 1861.]
Re-constitution of Supreme Court.
[No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up.
[No. 6 of 1845, s. 5.]
Judges to hold no other office of profit.
[No. 6 of 1845, s. 7.]
Avts directed to be performed by the Chief Justice.
1195
Officers of the Court.
[No. 6 of 1845. s. 8.]
Officers how to hold office.
[No. 6 of 1845, s. 9.]
Distribution of business.
Powers of single Judge.
Appeals to the Full Court.
[No. 2 of 1869, s. 3.]
Double or casting vote.
Fit persons to be admitted to practise for three months in case of necessity.
[No. 6 of 1845, s. 11.]
1196
Allowance of epenses and compensation to witnesses.
[No. 6 of 1845, s. 26.]
Punishment of witnesses for non-attendance.
Contempt of Court.
[No. 6 of 1845, s. 27.]
Summary punishment for perjury.
[No. 6 of 1845, s. 28.]
1197
Power to make General Rules and Orders.
[See No. 6 of 1845, s. 23 and No. 2 of 1846, s. 4.]
Striking off the Rolls and suspension from practice.
Vacation of the Court.
The Court to be open in vacation for certain purposes.
Power to transact urgent business in vacation.
1198
Vacation Judge.
Power to vary periods of vacation.
Place of sitting of the Court.
[No. 6 of 1845, s. 23.]
Pending suit.
Commencement of Ordinance.
Abstract
1192
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
1193
Supreme Court not to be deemed abolished.
Continuation of offices in Supreme Court.
Seal of the Court.
[No. 6 of 1845, s. 6.]
How far the law of England shall prevail in the Colony.
[No. 6 of 1845, s. 4 , No. 2 of 1846, s. 3 No. 11 of 1865, s. 1.]
How far the practice of English Courts shall prevail.
[No. 6 of 1845, s. 4.]
Jurisdiction of the Court at Common Law.
[No. 6 of 1845, s. 14.]
In Equity.
[No. 6 of 1845, s. 15,
1194
and see Ord. No. 7 of 1856. Ord. No. 14 of 1856, s. 1. Ord. No. 3 of 1858, ss. 4. 5. 6. Ord. No. 3 of 1861.]
Re-constitution of Supreme Court.
[No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up.
[No. 6 of 1845, s. 5.]
Judges to hold no other office of profit.
[No. 6 of 1845, s. 7.]
Avts directed to be performed by the Chief Justice.
1195
Officers of the Court.
[No. 6 of 1845. s. 8.]
Officers how to hold office.
[No. 6 of 1845, s. 9.]
Distribution of business.
Powers of single Judge.
Appeals to the Full Court.
[No. 2 of 1869, s. 3.]
Double or casting vote.
Fit persons to be admitted to practise for three months in case of necessity.
[No. 6 of 1845, s. 11.]
1196
Allowance of epenses and compensation to witnesses.
[No. 6 of 1845, s. 26.]
Punishment of witnesses for non-attendance.
Contempt of Court.
[No. 6 of 1845, s. 27.]
Summary punishment for perjury.
[No. 6 of 1845, s. 28.]
1197
Power to make General Rules and Orders.
[See No. 6 of 1845, s. 23 and No. 2 of 1846, s. 4.]
Striking off the Rolls and suspension from practice.
Vacation of the Court.
The Court to be open in vacation for certain purposes.
Power to transact urgent business in vacation.
1198
Vacation Judge.
Power to vary periods of vacation.
Place of sitting of the Court.
[No. 6 of 1845, s. 23.]
Pending suit.
Commencement of Ordinance.
Title.
Preamble.
Short title.
Interpretation clause.
Repealing clause.
1193
Supreme Court not to be deemed abolished.
Continuation of offices in Supreme Court.
Seal of the Court.
[No. 6 of 1845, s. 6.]
How far the law of England shall prevail in the Colony.
[No. 6 of 1845, s. 4 , No. 2 of 1846, s. 3 No. 11 of 1865, s. 1.]
How far the practice of English Courts shall prevail.
[No. 6 of 1845, s. 4.]
Jurisdiction of the Court at Common Law.
[No. 6 of 1845, s. 14.]
In Equity.
[No. 6 of 1845, s. 15,
1194
and see Ord. No. 7 of 1856. Ord. No. 14 of 1856, s. 1. Ord. No. 3 of 1858, ss. 4. 5. 6. Ord. No. 3 of 1861.]
Re-constitution of Supreme Court.
[No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up.
[No. 6 of 1845, s. 5.]
Judges to hold no other office of profit.
[No. 6 of 1845, s. 7.]
Avts directed to be performed by the Chief Justice.
1195
Officers of the Court.
[No. 6 of 1845. s. 8.]
Officers how to hold office.
[No. 6 of 1845, s. 9.]
Distribution of business.
Powers of single Judge.
Appeals to the Full Court.
[No. 2 of 1869, s. 3.]
Double or casting vote.
Fit persons to be admitted to practise for three months in case of necessity.
[No. 6 of 1845, s. 11.]
1196
Allowance of epenses and compensation to witnesses.
[No. 6 of 1845, s. 26.]
Punishment of witnesses for non-attendance.
Contempt of Court.
[No. 6 of 1845, s. 27.]
Summary punishment for perjury.
[No. 6 of 1845, s. 28.]
1197
Power to make General Rules and Orders.
[See No. 6 of 1845, s. 23 and No. 2 of 1846, s. 4.]
Striking off the Rolls and suspension from practice.
Vacation of the Court.
The Court to be open in vacation for certain purposes.
Power to transact urgent business in vacation.
1198
Vacation Judge.
Power to vary periods of vacation.
Place of sitting of the Court.
[No. 6 of 1845, s. 23.]
Pending suit.
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/323
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 12 of 1873
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/323.
