SUPREME COURT SUMMARY JURISDICTION ORDINANCE, 1873
Title
SUPREME COURT SUMMARY JURISDICTION ORDINANCE, 1873
Description
ORDINANCE No. 14 OF 1878:
Supreme Court, (Jumyrtarr,/ Jurisdiction.)
No. 14 of 1873.
Am Ordinance to abolish the Court of Summary Jurisdiction
and to confer upon the Supreme Court a Summary Juris-
diction at Law and in Equity.
30th September, 1873.j
WHEREAS it is expedient to abolish the Court .of Summary Juris-.
diction and to confer upon the Supreme Court a summary
jurisdiction at Law and in Equity: Be it enacted by the Governor o£
Hongkong, with the advice of the Legislative Council thereof, as
follows :-
suo,~r tare. 1. This Ordinance may be cited as 'The Supreme Court Summary
Jurisdiction Ordinance, 1$73.'
raeerrreta- 2. The following terms and expressions shall be understood as
tiaa clause.
`hereinafter defined or explained, unless there be something in the
subject
or context repugnant to such definition or explanation. that is to say :-
' Supreme Court' or- ' Court' shall include the Chief
Justice or the Pulsn a Judge of the Supreme Court sitting in
Court or in Chambers, Lender this Ordinance.'
'Full Court' shall mean the Chief Justice and Puisne -
Judge sitting together`ior the purposes of appeal.
' Court of Summary Jurisdiction ' shall mean the Court
established by Ordinance No. 7 of 1862.
'Judge' shall mean the Presiding Judge.
Pe cr:r. No. ' Vacation Judge ' shall mean either' of the Judges- for,
11 of rsaz.]
the time being remaining in the G~olony during the vacation of
the Supreme Court.
'Code of Civil Procedure' shall mead the Code of Civil
Procedure introduced by Ordinance, No. 13 of 1$73.
'Principal Register' shall mean the register of suit
established under the Code of Civil Procedure.
' Register of Summary Suits ' shall mean the register o£
syits,est<ablished,under this 0edinanc'
ORDINANCE. No: r:4'- or-, 1,87:
Supreme Court, (Summrcry Jurisdiction.).
' Original Jurisdiction '. shall mean the jurisdiction of
the Supreme. Court on the trial of causes under the Code of
Civil Procedure.
' Registrar ' shall mean the Registrar of the Supreme
Court.
' Bailiff' shall mean the officer appointed to execute the
process of the Supreme Court in its Summary Jurisdiction.
Tlce Court of Suinrraary Jurisdiction.
3. The Court of Summary Jurisdiction is hereby abolished, and
Ordinances No. 7 of 1862, and \`o. 1 of 1871, and all rules and orders
of the said Court made thereunder are hereby repealed, except for the
purpose of completing any case or winding up any business or matter
whatever pending in the said Court at the time of the passing of this
Ordinance.
..4. From and after the coin tneneenient of this Ordinance, it shall be
lawful for the Supreme Court. to exercise= a summary jurisdiction, at; Law
and in Equity in the suits or matters . hereinafter mentioned-; and' in,
all:
cases in which by any Ordinance, any proceedings are to be instituted=;
or ,any appeals to be heard, in or before the Court of Summary Jurisdic-
tion, the sable may be instituted of heard in or before the Supreme Court
under the provisions of this Ordinance. . .
5. The officers of the Court of Summary Jurisdiction shall be Transferor
officers.
transferred to, and. become officers of the Supreme Court and .as such;
they shall respectively receive salaries of an amount equal. to, ar not
less
than, the salaries now attached to their respective offices in the Court
of
Summary Jurisdiction; and they shall perform such duties in the
Supreme Court as the Chief Justice shall prescribe.
6. Except in the case of the Judge of the Court of Summary claimefor
abolition of
Jurisdiction, no claims in respect of compensation for abolition of
office office.
under this Ordinance shall be allowed.
7. The seal of the Court of Summary Jurisdiction and all the Custody 0f
- seal and
records.
Abolition of
the Court.
Repeal of
Ordinances
and rules.
7'he Suhreuae Court.
Summary
Jurisdiction
conferred on
Supremo
Court.
records thereof shall be deposited fur custody in the Supreme Court.
Legal claims.
~7 of 1862,
Limitation of
anitp. -
i of 1362,
s. 7.1
Infancy or
coverture no
bar to the
night to sue.
[7 of 1$62,
s. 2.]
Claims-not to
be split.
( ; of 1362,
s. s.l
1`88.
OhDt1V'ANCJJ \o. 14 of 1873.'
SUP-Me Court, (,Sxc7nmcrrJ Jzcrisdiction..)
as<otiona.I $. The Supreme Court shall have and use, as occasion may
require,
sell. an additional seal. bearing device and impression of the Royal Arms
within an exergue or label surrounding the same with the inscription
~~ Supreme Court of Hongkong Summary Jurisdiction;' and every writ
or other process issued by the Supreme Court in its Summary Jurisdic-
tion shall be stamped with such seal.
Summary Jurisdiction at Law.
g, It shall be lawful'for the Supreme Court to exercise a summary
,jurisdiction at Lacy in all suits where the claim, debt, or damages
sought
to be recovered do not exceed the sum of one thousand dollars, and in
all suits for the recovery of the possession of tenements where the annual
rent or value thereof shall not exceed the said amount.
.10. All suits for sums not exceeding one thousand dollars shall be
commenced within three years next after the cause of action shall accrue,
unless there has, been some contract, acknowledgment, undertaking, or
promise to pay in respect thereof by the party to. be charged within
three years before the commencement of such suit.
11, No person shall be precluded or exempted from suing or being
sued 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 shall not be resident in the
'Colony.
J
12. No cause of action which shall exist at any one time amounting
in the whole to a sum exceeding one thousand dollars as aforesaid, shall
.be split or divided so as to be made the ground of two or more different
action ~s in'order to bring such ca.,cs within the Summary Jurisdiction of
the- Court, but if the, Court shall fiLd thzt the plaintiff in any case
shall
have split his cause of action as afore..aid, the Court shall dismiss the
said
action without prejudice, howev er, to the plaintiff's right to sue upon
the
cause of action in such. other manner as he may be advised,: Provided
that if such plaintiff shall be satisfied to recover a sum not exceeding
one
thousand dollars, then the Court shall and may entertain the action of
such plaintiff, and'in cfise any order shall be made in favor of such
plain-
tiff, the same shall be expressed to be, and shall be, in full discharge
of
the whole cause of action.
ORUIVANCE.h'o. 14 ot'1$f8;
Supreme Court, (Summary Jurtsdiet'.)
Grou»a Suits.
13. Whenever a cause of action under any contract entered into in
relation to any departme4t of the public service, in which the sum sought
to be recovered shall not exceed one thousand dollars shall accrue to the
Crown against any person, or whenever guy person shall have a claim
against the Crown under any such contract, the chief' officer of such
department niay sue alld be sued on bclialf of the Government in respect
of such cause of action or claim in and by his official capacity and deli-
nation : Provided always that no such suit shall be commenced without
the consent of the Attorney General, and that nothing herein contained
shall affect any other remedy in respect of sudh cause of action or claim.
Ordinances No. 11 of 1867 and No. 9 of 1869.
14. '1 'he terns of ton d<qs within which claims for ti refund of rates
may be filed
under section 5 of Ordinance No. 11 of 1867, is hereby extendad to
fifteen days, and in
proceedings under the said section for a refund of rates, it shall no
longer be necessary
to give notice to the Colonial Treasurer of the filing of the petition as
therein provided,
but every such petition shall be referred by the Court to the Colonial
Treasurer, who
shall thereupon examine into the correctness of the clam and return the
samo to the
Court with an endorsement to the effect that the same is admitted, or not
admitted,
as the Mae may be; and in case the claim shall not be admitted, the
Colonial Tr6asurer,
or some person on his behalf, shall appear in opposition thereto on such
day as the
Court shall appoint. [Repealed by Ordinance No. 1° of 1875.]
115. The certificate of the Colonial Treasurer in actions brought by him
under
Ordinance No. 9 of 1869, shall be in the form given in the schedule
hereto, or to the
same effect, and the nature and particulars of the claims, which are
required to be set
forth, shall comprise the several matters specified at the head of
tho,different columns
in the said form. [Repealed by Ordinance No. 13 of 1875.]
lg. In suits for the recovery of Crown rent, the certificate shall be
signed by r~rw
the Surveyor General as well as by the Colonial Treasurer. [Repealed by
Ordinance tl of 1b71&=s,)
No. 18 of 1875.]
17. The Colonial Treasurer may, with the approval of the Court, appoint a
special bailiff for the service of summonses, subpoenas, and other
process in proceedings
under Ordinance No. 9 of 1869, and such special bailiff shall have, in
respect of such
proceedings, the like powers and be entitled to receive the same fees for
the service of
process therein, as the bailiff of the Court. [Repealed by Ordinance No.
13 of 1878.],
18. The provisions of section 12 shall -not apply to proceedings under
Ordinance gi~ cc~ng or
No. 9 of 1869. [Repealed by Ordinance ,No. 13 of X875.] (I of
Suits under
$t,nao by anti
twn1nsG the
grown.
ix or 1871.
ti. K]
Provision as to
roctaua 6 at No.
E 1 nt rl~o~.
ty,E earl,
Norm of cord
flcate of Coiow
Treasurer under
Ordlnsaco No. P
of 1969.
(t of 1871, s. 89.1
s~eofa Lalllft
under ordtaRnnea
No. 8 AE 1869.
(1 of 1871, e.87.1
ORDINANCE No. 14 0v 1873.
nS'upreme Court, ( S'umma7y Jurisdiction,)
Summary Jurisdiction in Equity.
Equitable 19. It shall be lawful for the Supreme Court to exercise a
summary
-Claims.
Jurisdiction in Equity in the suits or matters hereinafter mentioned, that
is to say :-
[See 28 & 29
Vic., c. 99 ; .
30 & 31 Vic.,
c. 142, s. 9
and also 31
k 32 Vic., c.
40, A.12.3_
inquiry, -
petition and
answer.
1. In all suits by creditors, legatees (whether specific; pecuniary,
or residuary), devisees, or next of kin, in which the per-
sonal estate against or for an account or administration of
which the demand may be made shall not exceed in amount
or value the sum of one thousand dollars.
In all suits for the execution of trusts in which the trust
2.
estate or fund shall not exceed in amount or value the sum
of one thousand dollars.
In all suits .for foreclosure or redemption, or for enforcing
any charge or lien, where the mortgage, charge, or lien
shall not exceed in amount the sum of one thousand dollars.
In all suits for specific performance of, or for the reforming,
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 case of a lease,
the value of the property shall not exceed the sum of one
thousand dollars.
5. In all suits for the dissolution or winding-up of any partner-
ship in which the , whole property, stock, and credits of
such partnership shall not exceed in amount or value the
sum of one thousand dollars. _ .,
G. In all proceedings for orders in. the nature of injunctions,
where the same are requisite for granting relief in and
matter in which equitable'jurisdiction is given to the Court
by this Ordinance.
Provided always that on the day of hearing 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 such directions with respect to the filing of a
petition and answer, and-any other matters, .as he may deem necessary
for the proper adjudication of the suit.
ORDINANCE No. 14 or- 1873.
Supreme Court, (Summary Jurisdiction.)
Summary Procedure and Practice.
20. The Registrar of the Supreme Court shall keep or cause to be Register
of
suds.
kept a book called the ' ~Register of Civil Suits, (Summary
Jurisdiction,)'
which shall be in the form contained in the schedule to this Ordinance,
or as near thereto as circumstances permit, and shall contain the entries
specified in the said form, and every suit or proceeding, however
instituted
under the provisions of this Ordinance, shall be numbered in each year
according to the order in which the same shall be commenced.
21. All suits under this Ordinance shall be commenced by a writ of
summons in the form prescribed by the Code of Civil Procedure for suits
instituted thereunder, except that every such writ shall be entitled 'In
the Supreme Court of Hongkong, (Summary Jurisdiction,)' and shall
specify the day of hearing, and shall have endorsed thereon full
particulars
of the plaintiff's claim.
22. It shall not be necessary for the defendant to enter an appearance
surnr.Liary
to the said writ, but after service thereof the suit shall be heard and
I''`ri`t'.
determined in a summary way without pleadings: Provided always that
the Judge may order the plaintiff to file within such time as he shall y
direct a written statement of 'his claim, and may likewise order the
defendant within such time as aforesaid to file a written answer to such
statement, and may permit any defence on equitable grounds.
23. The Judge may, in any proceeding before the Court, frame
issues of law and fact for the better trial and determination of the
cause.
24. It shall be lawful for the Judge, upon such grounds as lie shall
in his discretion think sufficient, to review any judgment or decision
given by him, within one month from the, date thereof (except where
either party shall have obtaiiled leave to appeal and the parties shall
not
agree to the withdrawal of the appeal), and upon such review to re-open
and re-hear the case wholly or in part, and to take fresh evidence, and to
reverse, vary, or confirm his previous judgment or decision.
25, Except by consent or leave of the Court, no cause or matter
within the Summary Jurisdiction of the Court shall be set down for
hearing before at least three clear days from the service of the writ of
summons and except by consent or by leave of the Court, it shall not be
.competent to the defendant to enter into any equitable defence or into
ani i~ to be
commenced
by Wi;t of
The Judge
may frame
issues.
Review or
judgment,
[1 of 1871,
s. 29.1
Notice of
action and
special dc-
feuees.
[7 of i8fi2,
,ORDINAiZ.CIaJ :.M: 14'oF - T873'.
fiuprenze Court, (Summary Jurisdiction.)
1'roceecliags
not to be set
aside for wont
of form.
7 of 1862,
s. t3(.]
Attendance of
attics.
(1 of 1871,
v. 5.]
any special defence .such as ' .Set off,' ' Illegality,' ' Want of
Considera-
tion,' or th;; 'Statute of Limitations,' unless at least twelve hours'
written notice thereof has been first given to the plaintiff or his
attorney.
20. No action or other proceeding under the Summary Jurisdiction
yiven by this Ordinance, 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 in its discretion; and unless the Court shall otherwise direct, all
applications to the Court or in Chambers which may be necessary in the
course of any suit or proceeding, may be made verbally and without any
preliminary formality.
. 27, In every cause or matter pending before the Court, in case it
shall be proved to the satisfaction of the Court, that any plaintiff or
defendant who may not be represented by attorney, or attorney and
counsel, is prevented by some hood or sufficient cause from attending the
:Court in person, the Court rnay, in its discretion, permit any relative,
friend_ , or agent of such plaintiff or defendant, who shall satisfy the
Court.
that lie has authority in that - behalf, to appear for such plaintiff or
defendant. In case such authority shall be in writing it shall not be
liable to stamp duty.
.raries ~c 2$. The Count may, in its discretion, on the application of
either,
party, or of its. own motion, order that a common or special jury be
empanelled for, the trial of any cause under this Ordinance. In every
such ease the jury empanelled shall consist of three persons only ; but
save as aforesaid, .all the provisions of the law in force in the Colony
for
&e, vrd. the tune being relating to juries in the Supreme Court, except so
far as.
issy j °f the salve may provide for the remuneration of special. jurors,
shall apply
to juries of three persons empanelled under this Ordinance.
compensa. 29, The Court may allow such reasonable sum or sums of money
tion to Par-
ties, witnesses, for the attendance and loss of time of parties,
witnesses and special jurors
and jurors.as it shall think fit, and the same may be recovered as costs
in the cause.
<i0, The Court shall appoint one or more bailiffs who shall execute
all process of the Court in its Summary Jurisdiction, and the provisions.
1* ord. v°. of the Sheriff's Ordinance, 1873,E shall apply to every, such
bailiff as if he-
r °f 1873
oopcalcd.l
had been expressly included therein:
ORDINANCE 5o:.14 OF :180
Supreme Court, (Summary Jurisdiction)
31., In the execution of orders or decrees the bailiff shall, in the
1=ectlt.ioT).
first instance, if practicable, levy on the goods, chattels and effects
of the r723 7 8f ~~
defendant, -lad in the event of his not being able to find sufficient
goods,
chattels, or effects of the defendant and the defendant failing to point
out
to his notice any property whereon to levy, tile bailiff shall enforce the
order or decree of the Court by the personal arrest and imprisonment of
the defendant.
32. No execution ;warded against the goods of any party shall
extend to, or be construed to extend to deprive any landlord of the
pourer vested in such landlord by an Act passed in the eighth year of the
reign of Her Majesty Queen Anne,` intittzled 'An Act fbr the better
Security of Rents and to prevent Frauds committed by Tenants,' of
recovering one year's rent. by virtue of and in pursuance of the said Act.
33. If any claim shall be made to, or in respect of any goods or
chattels taken in execution under the process of Court, or in respect of
the proceeds or value thereof, by any landlord for rent, or by any person
not being the party against whom such process has issued, it shall be
lawful for the Registrar, upon application of the officer charged with
tile
execution of such process, as well before as after any action brought
apipat .suph officer, to issue a.summons calling before the said Court as
well the party issuing such process as the party making such claim, and
thereupon the Court shall adjudicate upon such claim and make such
order between th-e parties in respect thereof, and of the costs of the
pro-
ceedings, as to him shall seem fit, aid such order shall be enforced in
like
nianner as any .order made in any action under this Ordinance.
12,93
77ee Code of Civil Procedure.
3.4. The provisions of the Code of Civil Procedure shall be applied
.snutatis mutandis to suits instituted under this Ordinance so far as the
same can be made applicable'' thereto, unless the. Court shall ill any
case
for the avoiding of delay or in furtherance of substantial justice tloink
fit
otherwise to direct and except where the said provisions may in the.
opinion of the Court be unsuitable or may conflict or be inconsistent with
any special provisions contained in this Ordinance.
35. The provisions of the Code of Civil Procedure shall, subject. as
snE:eial ap-
plication of
,aforesaid, apply particularly as to the matters following:-- the cede.
The service of process within the jurisdiction.
Foreibn attachment..
Execution
not to prc-
yulioo land-
lords.
17 of zss2.
27.1 ...,
filLerpleatler
b3 bailiff.
(7 of 1862.
s. 24.1
oeb.eual
application,
of the Code.
[See S&ang- -
Aai Ades
~Vo. 12.1
t1;DINANC C No. 14 0F 1874.
Supreme Court, (Summary Jurisdiction.)
Interim attachment.
Arrest of absconding defendants.
I'roeeedinbs on non-attendance of parties.
The hearing and evidence.
Reference of matters of account.
Specific delivery of chattels.
Arbitration.
The power of the Court as to costs.
The satisfaction of judgment by instalments.
The maintenance of prisoners for,debt.
The duration of imprisonment for debt, and the continuance of liabi-
lity of tine debtor's property.
The making of general rules or orders.
` 7i'an.sfer of suits.
Trunsfcro.C 36. In case the Court shall be of opinion that a suit
commenced in,
sutt to pr''' its' Surnrnar Jurisdiction ought to be heard in its Original
Jurisdiction, the
csP.,l register. y'
Court may order that the entry of such suit in, the register of summary
suits be cancelled therein and transferred therefrom to the principal
rebis-
ter, notwithstanding that such snit may be within the provisions of thiq
Ordinance.
Tramroa oe
Suit to 9,.
,nary regiS-
ter.
Court may
make special
ordci:s nn
twin-for of
snits.
37. In case the Supreme Court shall be of opinion that a suit insti-
tuted in the Original Jurisdiction of the Court, ought to have been
inst.i-
tuted in its Summary Jurisdiction, or in case the plaintiff's claim is
reduced
by payment, an admitted set-off, or otherwise to a sum not exceeding one
thousand dollars and the suit is in other respects within the Summary
Jurisdiction of the Court, the said Court may order that the entry of such
suit in the principal register be cancelled therein- and transferred to
the
register of summary suits.
38. It shall not be necessary, on the transfer of a suit as aforesaid,
for the plaintiff' to issue a new writ, but the Registrar shall endorse on
the: same writ a memorandum that the suit has been transferred as afore-
said by order of the Court. The : nit shall then be carried on as if the
same had been commenced. in the jurisdiction of the Court to which- it
shall'have been so transferred, and the Court may make any special orders
in respect of any suit so transferred which it may deem necessary or ex-
pedient for carrying out the provisions of the last two preceding
sections.
ORDINANCE No:: ~14 oF1873:
Supreme .Court;, (Summary Jurisdiction..)
Allowance of costs in certain cases.
39. No costs shall be allowed to a successful plaintiff in any suit No
costs in
certain cases.
instituted by him in the original jurisdiction of the Court which might
have been tried in its summary jurisdiction, unless the suit shall have
been so instituted by leave of the Court, or the Court shall be of opinion
at the hearin; that the suit was one which it was expedient to institute
in such manner.
2. Until a new scale of Court fees and fees and costs of counsel and
attorney shall have been provided for use under this Ordinance, by any
general rule or order of the Supreme Court, or otherwise, and so far as
any such new scale may be incomplete, all questions relating to the amount
of such fees and costs, shall be referred to the Registrar; who is hereby
empowered to determine the same on taxation, either with or without
reference 'to the existing scale, having regard, to the skill, labour, and
responsibility involved, subject nevertheless to a review of such determi-
nation on summary application to the Court in Chambers ; and the. pay-
went of the costs allowed on such taxation or review may be enforced in
the same manner as if the same had bee-n fixed by any such general rule
or order . . ..
Attorneys and solicitors.
Amount of
Court fees
and of fees
and costs of
counsel and
attorney
pending issue
of new scale,
40. In all proceedings before tLae Court in its summary jurisdiction,
Attorneys
.
may practae
attorneys and solicitors of the Supreme Court, may practice as advocates.
a1 adPOOates.
AppeaZa.
41. The Puisne Judge of the Supreme Court shall, as a general rule,
preside at the hearing of all suits in its summary jurisdiction ; and in
case
either party to the suit shall be dissatisfied with his decision of any
ques-
tion of fact or of law arising an the case, he may, within seven days from
the date of the judgment, apply to -the Full Court in its ori;inal
jurisdic-
tion for leave to appeal, and the Full Court may grant leave to a.pj~eal
on
such terms as to' notice and -other matters as it may, in its discretion,
think fit: Provided always that. the Full Court ,may, in its discretion,
extend the time hereby limited for such application either before or after
the expiration thereof
42. Where the appeal shall be from a decision given during the vacation
of the Period of
vacation.
S~preme Court in its original jurisdiction, the time limited for,the
application shall be
reckoned exclusively of the unexpired period of vacation. [Repealed by
Ordinance No.
1 ?' of 1882.].
When appeal
will lie and
within what
period.
Appeal;from
the decision
of a question
of .fact.
Appeal from
decision of a
question of
1~,w.
[C. L. P. A:
T 854, s. 39
.s. 35.
ORDINANCE No. 14 of 1878.
Supreme Court, (Summary Jurisdiction.)
43. Where the appeal is from the decision of a question of fact, the
Full Court may deal with the case solely 111)011 the evidence originally
take
or may re-examine any witness previously examined and admit any further
evidence, or may hear the case de novo.
44. 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 ease
to
be stated by the parties (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 plead-,
ings, evidence and the ruling or judgtuent objected to, as may be
necessary
to raise the question for the decision of the Full ,'Court.
ren°ralpoWer 45. The Full Court shall have hover on every appeal whether
on a
of Full Court
ori.appeal, question of fact; or of lair, or of discretion, to try the
case de qzot;o, if it
shall think it necessary.
Stay of exe-
cution.
Appeals in
pending suits.,
46. 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
shall deem just.
47. .Any appeal from a decision given in a suit commenced before
the'passing of this Ordinance, shall be heard before the Chief Justice
according to the law now in force in relation to appeals from the Court
o#'
Summary Jurisdiction.
Sittings of Court.
Special days 4$. The sittinbs of the Court for the hearing of suits and
other
to b°age`t' . matters under this Ordinance shall. t.ahe place on such days
as shall from
time to time be fixed and determined by the Court.
Vacation.
Business In 49. During vacation, the Supreme Court shall be open daily
between the hours
vacation.
of 11 A.m. and 1 P.m., or between any other hours by special order of the
Court, for
the hearing before the vacation Judge, of suits and other matters under
this Ordinance.
[Repealed by Ordinance N0. 17 of 1882.
Application
of present
forms.
.Forms:'
60. Until special forms shall be prescribed for use under this Ordi-
nance by any general rule or order of the Supreme Court, and so far as
the same may be incomplete, all forms at present in use 'in the supreme
Court, or in the Court of Summary Jurisdiction, or forms to the like
effect,
with such variations and additions as circumstances require, may be used
for the purpose of carrying out the provisions of this Ordinance, and
shall
(as regards the form thereof) be valid and sufficient.
ORDINANCE No. 14 or 1873.
Supreme Court, (Summary Juiisdictaon.)
Commencement of Ordinance.
bl. This Ordinance shall commence and take effect on such day as
Proclamation.
shall hereafter be fixed by proclamation under the hand of the Governor.
SCHEDULE.
Form of register of summary suits.
IN THE SBPRRME COURT OF HONGKONG, SUMMARY JURISDICTION.
Suits in as dear 18
N U Q
cd 0 w ~ ~
go a.
aims' ^ ~a$ O MN F,
~cd
a: y,~~ ~ .~ o ~ to s,:, 0 ° ^~ C~4
'I' r~ w p ~ w d `~, d ~w .,a ~ ~ eH
g td °
p m O o,°~ .~ '~'1 d o
SUP. ~
w O ~,~ ~ 00 ~~ g h
n' c°
6 :~ ~ ~a a is ~s ~~ ~ e ~ a
A ~ ~ w A ra ~ ~ ~ G
Form of Colonial Treasurer's certificate under section 18.*
Nature and particulars of claims for Crown rent.
1 2 3, 4
No. of Crown lot in Whether defendant is
Name Amount respect of which the original lessee or For what period the
Of claimed rent is claimed. assignee in possession rent claimed and when
defendant. Term of lease. by purchase or due.
mortgage.
-.
(11;k lion 13
se~xa'sed.l
ORDINANCE No. 14. of _1873:
Supreme Court, (Summary Jurisdiction.)
Nature and particulars of claims for police, lighting, water, and fore
brigade rates.
1 ~ 2 4 5
Name N, o. of tenement in Whether defendant For what period
of Amount respect of which rates is owner rates claimed and
defendant. claimed. payable. or occupier. ~ when due.
Nature and particulars of claims for spirit licence fees.
Name Number, Whether For what period,
of Amount Date and period original licensee and whether entire
defendant: claimed, of licence. or transferree fee or instalment,
of licence. and when due.
i _
i
I hereby certify that the several persons whose names are entered in the
first
column o£ the above schedule have made default in the 1. ~ n:eni to the
Crown of the
sums appearing opposite to their respective names in tLe second column,
and that the
said persons are severally liable to the payment thereof in respect of
the claims, the
nature and particulars of which axe truly set forth opposite their
respective ~ names in
the third, fourth, and fifth columns.
or (iii suits for Crown rent,)
I, AB., Colonial Treasurer.of Hongkong, do hereby certify that the
several persons
whose names are entered in the first column of the above schedule have
made default'
in the payment of the sums appearing opposite to their respective names
in the second
column, in respect of Crown rent, and I, A.B., Surveyor General, do
hereby certify,
that the particulars of the above claims for Crown rent against such
persons are truly
et forth opposite their respective names in the third, fourth, and fifth
colqMW.-
Dated the 187
Colonial Treasurer.
Surveyor General.
force from the 13th October, 1873, under proclamation of the 10th
October, 1873.
1286
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. No. 17 of 1882.]
1287
Application of the Court.
Repeal of Ordinances and rules.
Summary Jurisdiction conferred on Supreme Court.
Transfer of officers.
Claims for abolition of office.
Custody of seal and records.
1288
Additional seal.
Legel claims.
[7 of 1862, s. 7.]
Limitation of suits.
[7 of 1862, s. 7.]
Infancy or coverture no bar to the right to sue.
[7 of 1862, s. 7.]
Claims not to be split.
[7 of 1862, s. 8.]
1289
Suits under $1,000 by and against the Crown.
[1 of 1871, s. 34.]
Provision as to section 5 of No. 11 of 1867.
[1 of 1871, s. 38.]
Form of Certificae of Colonial Treasurer under Ordinance No. 9 of 1869.
[1 of 1871, s. 36.]
Certificate for recovery of Crown rent.
[1 of 1871, s. 36.]
Special bailiff under Ordinance No. 9 of 1869.
[1 of 1871, s. 37.]
Spitting of claims.
[1 of 1871, s. 35.]
1290
Equitable claims.
[See 28 & 29 Vic., c. 99; 30 & 31 Vic., c. 142, s. 9; and also 31 & 32 Vic., c. 40, s. 12.]
Preliminary inquiry, petition and answer.
1291
Register of suits.
Suits to be commenced by writ of summons.
Summary hearing.
The Judge may frame issues.
Review of judgment.
[1 of 1871, s. 29.]
Notice of action and special defences.
[7 of 1862, s. 9.]
1292
Proceedings not to be set aside for want of form.
[7 of 1862, s. 31.]
Attendance of parties.
[1 of 1871, s. 5.]
Juries of three.
[* See Ord. No. 18 of 1887.]
Compensation to parties, witnesses, and jurors.
Bailiff.
[* Ord. No. 1 of 1873 repealed.]
1293
Execution
[7 of 1862, s. 23.]
Execution not to prejudice landlords.
[7 of 1862, s. 27.]
[* Cap. 18]
Interpleader by bailiff.
[7 of 1862, s. 24.]
General application of the Code.
[See Shanghai Rules No. 11.]
Special application of the Code.
1294
Transfer of suit to principal register.
Transfer of suit to summary register.
Court may make special orders transfer of suits.
1295
No costs in certain cases.
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
Attorneys may practice as advocates.
When appeal will lie and within what period.
Period of vacation.
1296
Appeal from the decision of a question of fact.
Appeal from decision of a queation of law.
[C. L. P. A. 1854, s. 39 & s. 35.
General power of Full Court on appeal.
Stay of execution.
Appeals in pending suits.
Special days to be fixed.
Business in vacation.
Application of present forms.
1297
Proclamation.
[* Section 15 repealed.]
1298
Supreme Court, (Jumyrtarr,/ Jurisdiction.)
No. 14 of 1873.
Am Ordinance to abolish the Court of Summary Jurisdiction
and to confer upon the Supreme Court a Summary Juris-
diction at Law and in Equity.
30th September, 1873.j
WHEREAS it is expedient to abolish the Court .of Summary Juris-.
diction and to confer upon the Supreme Court a summary
jurisdiction at Law and in Equity: Be it enacted by the Governor o£
Hongkong, with the advice of the Legislative Council thereof, as
follows :-
suo,~r tare. 1. This Ordinance may be cited as 'The Supreme Court Summary
Jurisdiction Ordinance, 1$73.'
raeerrreta- 2. The following terms and expressions shall be understood as
tiaa clause.
`hereinafter defined or explained, unless there be something in the
subject
or context repugnant to such definition or explanation. that is to say :-
' Supreme Court' or- ' Court' shall include the Chief
Justice or the Pulsn a Judge of the Supreme Court sitting in
Court or in Chambers, Lender this Ordinance.'
'Full Court' shall mean the Chief Justice and Puisne -
Judge sitting together`ior the purposes of appeal.
' Court of Summary Jurisdiction ' shall mean the Court
established by Ordinance No. 7 of 1862.
'Judge' shall mean the Presiding Judge.
Pe cr:r. No. ' Vacation Judge ' shall mean either' of the Judges- for,
11 of rsaz.]
the time being remaining in the G~olony during the vacation of
the Supreme Court.
'Code of Civil Procedure' shall mead the Code of Civil
Procedure introduced by Ordinance, No. 13 of 1$73.
'Principal Register' shall mean the register of suit
established under the Code of Civil Procedure.
' Register of Summary Suits ' shall mean the register o£
syits,est<ablished,under this 0edinanc'
ORDINANCE. No: r:4'- or-, 1,87:
Supreme Court, (Summrcry Jurisdiction.).
' Original Jurisdiction '. shall mean the jurisdiction of
the Supreme. Court on the trial of causes under the Code of
Civil Procedure.
' Registrar ' shall mean the Registrar of the Supreme
Court.
' Bailiff' shall mean the officer appointed to execute the
process of the Supreme Court in its Summary Jurisdiction.
Tlce Court of Suinrraary Jurisdiction.
3. The Court of Summary Jurisdiction is hereby abolished, and
Ordinances No. 7 of 1862, and \`o. 1 of 1871, and all rules and orders
of the said Court made thereunder are hereby repealed, except for the
purpose of completing any case or winding up any business or matter
whatever pending in the said Court at the time of the passing of this
Ordinance.
..4. From and after the coin tneneenient of this Ordinance, it shall be
lawful for the Supreme Court. to exercise= a summary jurisdiction, at; Law
and in Equity in the suits or matters . hereinafter mentioned-; and' in,
all:
cases in which by any Ordinance, any proceedings are to be instituted=;
or ,any appeals to be heard, in or before the Court of Summary Jurisdic-
tion, the sable may be instituted of heard in or before the Supreme Court
under the provisions of this Ordinance. . .
5. The officers of the Court of Summary Jurisdiction shall be Transferor
officers.
transferred to, and. become officers of the Supreme Court and .as such;
they shall respectively receive salaries of an amount equal. to, ar not
less
than, the salaries now attached to their respective offices in the Court
of
Summary Jurisdiction; and they shall perform such duties in the
Supreme Court as the Chief Justice shall prescribe.
6. Except in the case of the Judge of the Court of Summary claimefor
abolition of
Jurisdiction, no claims in respect of compensation for abolition of
office office.
under this Ordinance shall be allowed.
7. The seal of the Court of Summary Jurisdiction and all the Custody 0f
- seal and
records.
Abolition of
the Court.
Repeal of
Ordinances
and rules.
7'he Suhreuae Court.
Summary
Jurisdiction
conferred on
Supremo
Court.
records thereof shall be deposited fur custody in the Supreme Court.
Legal claims.
~7 of 1862,
Limitation of
anitp. -
i of 1362,
s. 7.1
Infancy or
coverture no
bar to the
night to sue.
[7 of 1$62,
s. 2.]
Claims-not to
be split.
( ; of 1362,
s. s.l
1`88.
OhDt1V'ANCJJ \o. 14 of 1873.'
SUP-Me Court, (,Sxc7nmcrrJ Jzcrisdiction..)
as<otiona.I $. The Supreme Court shall have and use, as occasion may
require,
sell. an additional seal. bearing device and impression of the Royal Arms
within an exergue or label surrounding the same with the inscription
~~ Supreme Court of Hongkong Summary Jurisdiction;' and every writ
or other process issued by the Supreme Court in its Summary Jurisdic-
tion shall be stamped with such seal.
Summary Jurisdiction at Law.
g, It shall be lawful'for the Supreme Court to exercise a summary
,jurisdiction at Lacy in all suits where the claim, debt, or damages
sought
to be recovered do not exceed the sum of one thousand dollars, and in
all suits for the recovery of the possession of tenements where the annual
rent or value thereof shall not exceed the said amount.
.10. All suits for sums not exceeding one thousand dollars shall be
commenced within three years next after the cause of action shall accrue,
unless there has, been some contract, acknowledgment, undertaking, or
promise to pay in respect thereof by the party to. be charged within
three years before the commencement of such suit.
11, No person shall be precluded or exempted from suing or being
sued 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 shall not be resident in the
'Colony.
J
12. No cause of action which shall exist at any one time amounting
in the whole to a sum exceeding one thousand dollars as aforesaid, shall
.be split or divided so as to be made the ground of two or more different
action ~s in'order to bring such ca.,cs within the Summary Jurisdiction of
the- Court, but if the, Court shall fiLd thzt the plaintiff in any case
shall
have split his cause of action as afore..aid, the Court shall dismiss the
said
action without prejudice, howev er, to the plaintiff's right to sue upon
the
cause of action in such. other manner as he may be advised,: Provided
that if such plaintiff shall be satisfied to recover a sum not exceeding
one
thousand dollars, then the Court shall and may entertain the action of
such plaintiff, and'in cfise any order shall be made in favor of such
plain-
tiff, the same shall be expressed to be, and shall be, in full discharge
of
the whole cause of action.
ORUIVANCE.h'o. 14 ot'1$f8;
Supreme Court, (Summary Jurtsdiet'.)
Grou»a Suits.
13. Whenever a cause of action under any contract entered into in
relation to any departme4t of the public service, in which the sum sought
to be recovered shall not exceed one thousand dollars shall accrue to the
Crown against any person, or whenever guy person shall have a claim
against the Crown under any such contract, the chief' officer of such
department niay sue alld be sued on bclialf of the Government in respect
of such cause of action or claim in and by his official capacity and deli-
nation : Provided always that no such suit shall be commenced without
the consent of the Attorney General, and that nothing herein contained
shall affect any other remedy in respect of sudh cause of action or claim.
Ordinances No. 11 of 1867 and No. 9 of 1869.
14. '1 'he terns of ton d<qs within which claims for ti refund of rates
may be filed
under section 5 of Ordinance No. 11 of 1867, is hereby extendad to
fifteen days, and in
proceedings under the said section for a refund of rates, it shall no
longer be necessary
to give notice to the Colonial Treasurer of the filing of the petition as
therein provided,
but every such petition shall be referred by the Court to the Colonial
Treasurer, who
shall thereupon examine into the correctness of the clam and return the
samo to the
Court with an endorsement to the effect that the same is admitted, or not
admitted,
as the Mae may be; and in case the claim shall not be admitted, the
Colonial Tr6asurer,
or some person on his behalf, shall appear in opposition thereto on such
day as the
Court shall appoint. [Repealed by Ordinance No. 1° of 1875.]
115. The certificate of the Colonial Treasurer in actions brought by him
under
Ordinance No. 9 of 1869, shall be in the form given in the schedule
hereto, or to the
same effect, and the nature and particulars of the claims, which are
required to be set
forth, shall comprise the several matters specified at the head of
tho,different columns
in the said form. [Repealed by Ordinance No. 13 of 1875.]
lg. In suits for the recovery of Crown rent, the certificate shall be
signed by r~rw
the Surveyor General as well as by the Colonial Treasurer. [Repealed by
Ordinance tl of 1b71&=s,)
No. 18 of 1875.]
17. The Colonial Treasurer may, with the approval of the Court, appoint a
special bailiff for the service of summonses, subpoenas, and other
process in proceedings
under Ordinance No. 9 of 1869, and such special bailiff shall have, in
respect of such
proceedings, the like powers and be entitled to receive the same fees for
the service of
process therein, as the bailiff of the Court. [Repealed by Ordinance No.
13 of 1878.],
18. The provisions of section 12 shall -not apply to proceedings under
Ordinance gi~ cc~ng or
No. 9 of 1869. [Repealed by Ordinance ,No. 13 of X875.] (I of
Suits under
$t,nao by anti
twn1nsG the
grown.
ix or 1871.
ti. K]
Provision as to
roctaua 6 at No.
E 1 nt rl~o~.
ty,E earl,
Norm of cord
flcate of Coiow
Treasurer under
Ordlnsaco No. P
of 1969.
(t of 1871, s. 89.1
s~eofa Lalllft
under ordtaRnnea
No. 8 AE 1869.
(1 of 1871, e.87.1
ORDINANCE No. 14 0v 1873.
nS'upreme Court, ( S'umma7y Jurisdiction,)
Summary Jurisdiction in Equity.
Equitable 19. It shall be lawful for the Supreme Court to exercise a
summary
-Claims.
Jurisdiction in Equity in the suits or matters hereinafter mentioned, that
is to say :-
[See 28 & 29
Vic., c. 99 ; .
30 & 31 Vic.,
c. 142, s. 9
and also 31
k 32 Vic., c.
40, A.12.3_
inquiry, -
petition and
answer.
1. In all suits by creditors, legatees (whether specific; pecuniary,
or residuary), devisees, or next of kin, in which the per-
sonal estate against or for an account or administration of
which the demand may be made shall not exceed in amount
or value the sum of one thousand dollars.
In all suits for the execution of trusts in which the trust
2.
estate or fund shall not exceed in amount or value the sum
of one thousand dollars.
In all suits .for foreclosure or redemption, or for enforcing
any charge or lien, where the mortgage, charge, or lien
shall not exceed in amount the sum of one thousand dollars.
In all suits for specific performance of, or for the reforming,
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 case of a lease,
the value of the property shall not exceed the sum of one
thousand dollars.
5. In all suits for the dissolution or winding-up of any partner-
ship in which the , whole property, stock, and credits of
such partnership shall not exceed in amount or value the
sum of one thousand dollars. _ .,
G. In all proceedings for orders in. the nature of injunctions,
where the same are requisite for granting relief in and
matter in which equitable'jurisdiction is given to the Court
by this Ordinance.
Provided always that on the day of hearing 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 such directions with respect to the filing of a
petition and answer, and-any other matters, .as he may deem necessary
for the proper adjudication of the suit.
ORDINANCE No. 14 or- 1873.
Supreme Court, (Summary Jurisdiction.)
Summary Procedure and Practice.
20. The Registrar of the Supreme Court shall keep or cause to be Register
of
suds.
kept a book called the ' ~Register of Civil Suits, (Summary
Jurisdiction,)'
which shall be in the form contained in the schedule to this Ordinance,
or as near thereto as circumstances permit, and shall contain the entries
specified in the said form, and every suit or proceeding, however
instituted
under the provisions of this Ordinance, shall be numbered in each year
according to the order in which the same shall be commenced.
21. All suits under this Ordinance shall be commenced by a writ of
summons in the form prescribed by the Code of Civil Procedure for suits
instituted thereunder, except that every such writ shall be entitled 'In
the Supreme Court of Hongkong, (Summary Jurisdiction,)' and shall
specify the day of hearing, and shall have endorsed thereon full
particulars
of the plaintiff's claim.
22. It shall not be necessary for the defendant to enter an appearance
surnr.Liary
to the said writ, but after service thereof the suit shall be heard and
I''`ri`t'.
determined in a summary way without pleadings: Provided always that
the Judge may order the plaintiff to file within such time as he shall y
direct a written statement of 'his claim, and may likewise order the
defendant within such time as aforesaid to file a written answer to such
statement, and may permit any defence on equitable grounds.
23. The Judge may, in any proceeding before the Court, frame
issues of law and fact for the better trial and determination of the
cause.
24. It shall be lawful for the Judge, upon such grounds as lie shall
in his discretion think sufficient, to review any judgment or decision
given by him, within one month from the, date thereof (except where
either party shall have obtaiiled leave to appeal and the parties shall
not
agree to the withdrawal of the appeal), and upon such review to re-open
and re-hear the case wholly or in part, and to take fresh evidence, and to
reverse, vary, or confirm his previous judgment or decision.
25, Except by consent or leave of the Court, no cause or matter
within the Summary Jurisdiction of the Court shall be set down for
hearing before at least three clear days from the service of the writ of
summons and except by consent or by leave of the Court, it shall not be
.competent to the defendant to enter into any equitable defence or into
ani i~ to be
commenced
by Wi;t of
The Judge
may frame
issues.
Review or
judgment,
[1 of 1871,
s. 29.1
Notice of
action and
special dc-
feuees.
[7 of i8fi2,
,ORDINAiZ.CIaJ :.M: 14'oF - T873'.
fiuprenze Court, (Summary Jurisdiction.)
1'roceecliags
not to be set
aside for wont
of form.
7 of 1862,
s. t3(.]
Attendance of
attics.
(1 of 1871,
v. 5.]
any special defence .such as ' .Set off,' ' Illegality,' ' Want of
Considera-
tion,' or th;; 'Statute of Limitations,' unless at least twelve hours'
written notice thereof has been first given to the plaintiff or his
attorney.
20. No action or other proceeding under the Summary Jurisdiction
yiven by this Ordinance, 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 in its discretion; and unless the Court shall otherwise direct, all
applications to the Court or in Chambers which may be necessary in the
course of any suit or proceeding, may be made verbally and without any
preliminary formality.
. 27, In every cause or matter pending before the Court, in case it
shall be proved to the satisfaction of the Court, that any plaintiff or
defendant who may not be represented by attorney, or attorney and
counsel, is prevented by some hood or sufficient cause from attending the
:Court in person, the Court rnay, in its discretion, permit any relative,
friend_ , or agent of such plaintiff or defendant, who shall satisfy the
Court.
that lie has authority in that - behalf, to appear for such plaintiff or
defendant. In case such authority shall be in writing it shall not be
liable to stamp duty.
.raries ~c 2$. The Count may, in its discretion, on the application of
either,
party, or of its. own motion, order that a common or special jury be
empanelled for, the trial of any cause under this Ordinance. In every
such ease the jury empanelled shall consist of three persons only ; but
save as aforesaid, .all the provisions of the law in force in the Colony
for
&e, vrd. the tune being relating to juries in the Supreme Court, except so
far as.
issy j °f the salve may provide for the remuneration of special. jurors,
shall apply
to juries of three persons empanelled under this Ordinance.
compensa. 29, The Court may allow such reasonable sum or sums of money
tion to Par-
ties, witnesses, for the attendance and loss of time of parties,
witnesses and special jurors
and jurors.as it shall think fit, and the same may be recovered as costs
in the cause.
<i0, The Court shall appoint one or more bailiffs who shall execute
all process of the Court in its Summary Jurisdiction, and the provisions.
1* ord. v°. of the Sheriff's Ordinance, 1873,E shall apply to every, such
bailiff as if he-
r °f 1873
oopcalcd.l
had been expressly included therein:
ORDINANCE 5o:.14 OF :180
Supreme Court, (Summary Jurisdiction)
31., In the execution of orders or decrees the bailiff shall, in the
1=ectlt.ioT).
first instance, if practicable, levy on the goods, chattels and effects
of the r723 7 8f ~~
defendant, -lad in the event of his not being able to find sufficient
goods,
chattels, or effects of the defendant and the defendant failing to point
out
to his notice any property whereon to levy, tile bailiff shall enforce the
order or decree of the Court by the personal arrest and imprisonment of
the defendant.
32. No execution ;warded against the goods of any party shall
extend to, or be construed to extend to deprive any landlord of the
pourer vested in such landlord by an Act passed in the eighth year of the
reign of Her Majesty Queen Anne,` intittzled 'An Act fbr the better
Security of Rents and to prevent Frauds committed by Tenants,' of
recovering one year's rent. by virtue of and in pursuance of the said Act.
33. If any claim shall be made to, or in respect of any goods or
chattels taken in execution under the process of Court, or in respect of
the proceeds or value thereof, by any landlord for rent, or by any person
not being the party against whom such process has issued, it shall be
lawful for the Registrar, upon application of the officer charged with
tile
execution of such process, as well before as after any action brought
apipat .suph officer, to issue a.summons calling before the said Court as
well the party issuing such process as the party making such claim, and
thereupon the Court shall adjudicate upon such claim and make such
order between th-e parties in respect thereof, and of the costs of the
pro-
ceedings, as to him shall seem fit, aid such order shall be enforced in
like
nianner as any .order made in any action under this Ordinance.
12,93
77ee Code of Civil Procedure.
3.4. The provisions of the Code of Civil Procedure shall be applied
.snutatis mutandis to suits instituted under this Ordinance so far as the
same can be made applicable'' thereto, unless the. Court shall ill any
case
for the avoiding of delay or in furtherance of substantial justice tloink
fit
otherwise to direct and except where the said provisions may in the.
opinion of the Court be unsuitable or may conflict or be inconsistent with
any special provisions contained in this Ordinance.
35. The provisions of the Code of Civil Procedure shall, subject. as
snE:eial ap-
plication of
,aforesaid, apply particularly as to the matters following:-- the cede.
The service of process within the jurisdiction.
Foreibn attachment..
Execution
not to prc-
yulioo land-
lords.
17 of zss2.
27.1 ...,
filLerpleatler
b3 bailiff.
(7 of 1862.
s. 24.1
oeb.eual
application,
of the Code.
[See S&ang- -
Aai Ades
~Vo. 12.1
t1;DINANC C No. 14 0F 1874.
Supreme Court, (Summary Jurisdiction.)
Interim attachment.
Arrest of absconding defendants.
I'roeeedinbs on non-attendance of parties.
The hearing and evidence.
Reference of matters of account.
Specific delivery of chattels.
Arbitration.
The power of the Court as to costs.
The satisfaction of judgment by instalments.
The maintenance of prisoners for,debt.
The duration of imprisonment for debt, and the continuance of liabi-
lity of tine debtor's property.
The making of general rules or orders.
` 7i'an.sfer of suits.
Trunsfcro.C 36. In case the Court shall be of opinion that a suit
commenced in,
sutt to pr''' its' Surnrnar Jurisdiction ought to be heard in its Original
Jurisdiction, the
csP.,l register. y'
Court may order that the entry of such suit in, the register of summary
suits be cancelled therein and transferred therefrom to the principal
rebis-
ter, notwithstanding that such snit may be within the provisions of thiq
Ordinance.
Tramroa oe
Suit to 9,.
,nary regiS-
ter.
Court may
make special
ordci:s nn
twin-for of
snits.
37. In case the Supreme Court shall be of opinion that a suit insti-
tuted in the Original Jurisdiction of the Court, ought to have been
inst.i-
tuted in its Summary Jurisdiction, or in case the plaintiff's claim is
reduced
by payment, an admitted set-off, or otherwise to a sum not exceeding one
thousand dollars and the suit is in other respects within the Summary
Jurisdiction of the Court, the said Court may order that the entry of such
suit in the principal register be cancelled therein- and transferred to
the
register of summary suits.
38. It shall not be necessary, on the transfer of a suit as aforesaid,
for the plaintiff' to issue a new writ, but the Registrar shall endorse on
the: same writ a memorandum that the suit has been transferred as afore-
said by order of the Court. The : nit shall then be carried on as if the
same had been commenced. in the jurisdiction of the Court to which- it
shall'have been so transferred, and the Court may make any special orders
in respect of any suit so transferred which it may deem necessary or ex-
pedient for carrying out the provisions of the last two preceding
sections.
ORDINANCE No:: ~14 oF1873:
Supreme .Court;, (Summary Jurisdiction..)
Allowance of costs in certain cases.
39. No costs shall be allowed to a successful plaintiff in any suit No
costs in
certain cases.
instituted by him in the original jurisdiction of the Court which might
have been tried in its summary jurisdiction, unless the suit shall have
been so instituted by leave of the Court, or the Court shall be of opinion
at the hearin; that the suit was one which it was expedient to institute
in such manner.
2. Until a new scale of Court fees and fees and costs of counsel and
attorney shall have been provided for use under this Ordinance, by any
general rule or order of the Supreme Court, or otherwise, and so far as
any such new scale may be incomplete, all questions relating to the amount
of such fees and costs, shall be referred to the Registrar; who is hereby
empowered to determine the same on taxation, either with or without
reference 'to the existing scale, having regard, to the skill, labour, and
responsibility involved, subject nevertheless to a review of such determi-
nation on summary application to the Court in Chambers ; and the. pay-
went of the costs allowed on such taxation or review may be enforced in
the same manner as if the same had bee-n fixed by any such general rule
or order . . ..
Attorneys and solicitors.
Amount of
Court fees
and of fees
and costs of
counsel and
attorney
pending issue
of new scale,
40. In all proceedings before tLae Court in its summary jurisdiction,
Attorneys
.
may practae
attorneys and solicitors of the Supreme Court, may practice as advocates.
a1 adPOOates.
AppeaZa.
41. The Puisne Judge of the Supreme Court shall, as a general rule,
preside at the hearing of all suits in its summary jurisdiction ; and in
case
either party to the suit shall be dissatisfied with his decision of any
ques-
tion of fact or of law arising an the case, he may, within seven days from
the date of the judgment, apply to -the Full Court in its ori;inal
jurisdic-
tion for leave to appeal, and the Full Court may grant leave to a.pj~eal
on
such terms as to' notice and -other matters as it may, in its discretion,
think fit: Provided always that. the Full Court ,may, in its discretion,
extend the time hereby limited for such application either before or after
the expiration thereof
42. Where the appeal shall be from a decision given during the vacation
of the Period of
vacation.
S~preme Court in its original jurisdiction, the time limited for,the
application shall be
reckoned exclusively of the unexpired period of vacation. [Repealed by
Ordinance No.
1 ?' of 1882.].
When appeal
will lie and
within what
period.
Appeal;from
the decision
of a question
of .fact.
Appeal from
decision of a
question of
1~,w.
[C. L. P. A:
T 854, s. 39
.s. 35.
ORDINANCE No. 14 of 1878.
Supreme Court, (Summary Jurisdiction.)
43. Where the appeal is from the decision of a question of fact, the
Full Court may deal with the case solely 111)011 the evidence originally
take
or may re-examine any witness previously examined and admit any further
evidence, or may hear the case de novo.
44. 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 ease
to
be stated by the parties (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 plead-,
ings, evidence and the ruling or judgtuent objected to, as may be
necessary
to raise the question for the decision of the Full ,'Court.
ren°ralpoWer 45. The Full Court shall have hover on every appeal whether
on a
of Full Court
ori.appeal, question of fact; or of lair, or of discretion, to try the
case de qzot;o, if it
shall think it necessary.
Stay of exe-
cution.
Appeals in
pending suits.,
46. 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
shall deem just.
47. .Any appeal from a decision given in a suit commenced before
the'passing of this Ordinance, shall be heard before the Chief Justice
according to the law now in force in relation to appeals from the Court
o#'
Summary Jurisdiction.
Sittings of Court.
Special days 4$. The sittinbs of the Court for the hearing of suits and
other
to b°age`t' . matters under this Ordinance shall. t.ahe place on such days
as shall from
time to time be fixed and determined by the Court.
Vacation.
Business In 49. During vacation, the Supreme Court shall be open daily
between the hours
vacation.
of 11 A.m. and 1 P.m., or between any other hours by special order of the
Court, for
the hearing before the vacation Judge, of suits and other matters under
this Ordinance.
[Repealed by Ordinance N0. 17 of 1882.
Application
of present
forms.
.Forms:'
60. Until special forms shall be prescribed for use under this Ordi-
nance by any general rule or order of the Supreme Court, and so far as
the same may be incomplete, all forms at present in use 'in the supreme
Court, or in the Court of Summary Jurisdiction, or forms to the like
effect,
with such variations and additions as circumstances require, may be used
for the purpose of carrying out the provisions of this Ordinance, and
shall
(as regards the form thereof) be valid and sufficient.
ORDINANCE No. 14 or 1873.
Supreme Court, (Summary Juiisdictaon.)
Commencement of Ordinance.
bl. This Ordinance shall commence and take effect on such day as
Proclamation.
shall hereafter be fixed by proclamation under the hand of the Governor.
SCHEDULE.
Form of register of summary suits.
IN THE SBPRRME COURT OF HONGKONG, SUMMARY JURISDICTION.
Suits in as dear 18
N U Q
cd 0 w ~ ~
go a.
aims' ^ ~a$ O MN F,
~cd
a: y,~~ ~ .~ o ~ to s,:, 0 ° ^~ C~4
'I' r~ w p ~ w d `~, d ~w .,a ~ ~ eH
g td °
p m O o,°~ .~ '~'1 d o
SUP. ~
w O ~,~ ~ 00 ~~ g h
n' c°
6 :~ ~ ~a a is ~s ~~ ~ e ~ a
A ~ ~ w A ra ~ ~ ~ G
Form of Colonial Treasurer's certificate under section 18.*
Nature and particulars of claims for Crown rent.
1 2 3, 4
No. of Crown lot in Whether defendant is
Name Amount respect of which the original lessee or For what period the
Of claimed rent is claimed. assignee in possession rent claimed and when
defendant. Term of lease. by purchase or due.
mortgage.
-.
(11;k lion 13
se~xa'sed.l
ORDINANCE No. 14. of _1873:
Supreme Court, (Summary Jurisdiction.)
Nature and particulars of claims for police, lighting, water, and fore
brigade rates.
1 ~ 2 4 5
Name N, o. of tenement in Whether defendant For what period
of Amount respect of which rates is owner rates claimed and
defendant. claimed. payable. or occupier. ~ when due.
Nature and particulars of claims for spirit licence fees.
Name Number, Whether For what period,
of Amount Date and period original licensee and whether entire
defendant: claimed, of licence. or transferree fee or instalment,
of licence. and when due.
i _
i
I hereby certify that the several persons whose names are entered in the
first
column o£ the above schedule have made default in the 1. ~ n:eni to the
Crown of the
sums appearing opposite to their respective names in tLe second column,
and that the
said persons are severally liable to the payment thereof in respect of
the claims, the
nature and particulars of which axe truly set forth opposite their
respective ~ names in
the third, fourth, and fifth columns.
or (iii suits for Crown rent,)
I, AB., Colonial Treasurer.of Hongkong, do hereby certify that the
several persons
whose names are entered in the first column of the above schedule have
made default'
in the payment of the sums appearing opposite to their respective names
in the second
column, in respect of Crown rent, and I, A.B., Surveyor General, do
hereby certify,
that the particulars of the above claims for Crown rent against such
persons are truly
et forth opposite their respective names in the third, fourth, and fifth
colqMW.-
Dated the 187
Colonial Treasurer.
Surveyor General.
force from the 13th October, 1873, under proclamation of the 10th
October, 1873.
1286
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. No. 17 of 1882.]
1287
Application of the Court.
Repeal of Ordinances and rules.
Summary Jurisdiction conferred on Supreme Court.
Transfer of officers.
Claims for abolition of office.
Custody of seal and records.
1288
Additional seal.
Legel claims.
[7 of 1862, s. 7.]
Limitation of suits.
[7 of 1862, s. 7.]
Infancy or coverture no bar to the right to sue.
[7 of 1862, s. 7.]
Claims not to be split.
[7 of 1862, s. 8.]
1289
Suits under $1,000 by and against the Crown.
[1 of 1871, s. 34.]
Provision as to section 5 of No. 11 of 1867.
[1 of 1871, s. 38.]
Form of Certificae of Colonial Treasurer under Ordinance No. 9 of 1869.
[1 of 1871, s. 36.]
Certificate for recovery of Crown rent.
[1 of 1871, s. 36.]
Special bailiff under Ordinance No. 9 of 1869.
[1 of 1871, s. 37.]
Spitting of claims.
[1 of 1871, s. 35.]
1290
Equitable claims.
[See 28 & 29 Vic., c. 99; 30 & 31 Vic., c. 142, s. 9; and also 31 & 32 Vic., c. 40, s. 12.]
Preliminary inquiry, petition and answer.
1291
Register of suits.
Suits to be commenced by writ of summons.
Summary hearing.
The Judge may frame issues.
Review of judgment.
[1 of 1871, s. 29.]
Notice of action and special defences.
[7 of 1862, s. 9.]
1292
Proceedings not to be set aside for want of form.
[7 of 1862, s. 31.]
Attendance of parties.
[1 of 1871, s. 5.]
Juries of three.
[* See Ord. No. 18 of 1887.]
Compensation to parties, witnesses, and jurors.
Bailiff.
[* Ord. No. 1 of 1873 repealed.]
1293
Execution
[7 of 1862, s. 23.]
Execution not to prejudice landlords.
[7 of 1862, s. 27.]
[* Cap. 18]
Interpleader by bailiff.
[7 of 1862, s. 24.]
General application of the Code.
[See Shanghai Rules No. 11.]
Special application of the Code.
1294
Transfer of suit to principal register.
Transfer of suit to summary register.
Court may make special orders transfer of suits.
1295
No costs in certain cases.
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
Attorneys may practice as advocates.
When appeal will lie and within what period.
Period of vacation.
1296
Appeal from the decision of a question of fact.
Appeal from decision of a queation of law.
[C. L. P. A. 1854, s. 39 & s. 35.
General power of Full Court on appeal.
Stay of execution.
Appeals in pending suits.
Special days to be fixed.
Business in vacation.
Application of present forms.
1297
Proclamation.
[* Section 15 repealed.]
1298
Abstract
1286
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. No. 17 of 1882.]
1287
Application of the Court.
Repeal of Ordinances and rules.
Summary Jurisdiction conferred on Supreme Court.
Transfer of officers.
Claims for abolition of office.
Custody of seal and records.
1288
Additional seal.
Legel claims.
[7 of 1862, s. 7.]
Limitation of suits.
[7 of 1862, s. 7.]
Infancy or coverture no bar to the right to sue.
[7 of 1862, s. 7.]
Claims not to be split.
[7 of 1862, s. 8.]
1289
Suits under $1,000 by and against the Crown.
[1 of 1871, s. 34.]
Provision as to section 5 of No. 11 of 1867.
[1 of 1871, s. 38.]
Form of Certificae of Colonial Treasurer under Ordinance No. 9 of 1869.
[1 of 1871, s. 36.]
Certificate for recovery of Crown rent.
[1 of 1871, s. 36.]
Special bailiff under Ordinance No. 9 of 1869.
[1 of 1871, s. 37.]
Spitting of claims.
[1 of 1871, s. 35.]
1290
Equitable claims.
[See 28 & 29 Vic., c. 99; 30 & 31 Vic., c. 142, s. 9; and also 31 & 32 Vic., c. 40, s. 12.]
Preliminary inquiry, petition and answer.
1291
Register of suits.
Suits to be commenced by writ of summons.
Summary hearing.
The Judge may frame issues.
Review of judgment.
[1 of 1871, s. 29.]
Notice of action and special defences.
[7 of 1862, s. 9.]
1292
Proceedings not to be set aside for want of form.
[7 of 1862, s. 31.]
Attendance of parties.
[1 of 1871, s. 5.]
Juries of three.
[* See Ord. No. 18 of 1887.]
Compensation to parties, witnesses, and jurors.
Bailiff.
[* Ord. No. 1 of 1873 repealed.]
1293
Execution
[7 of 1862, s. 23.]
Execution not to prejudice landlords.
[7 of 1862, s. 27.]
[* Cap. 18]
Interpleader by bailiff.
[7 of 1862, s. 24.]
General application of the Code.
[See Shanghai Rules No. 11.]
Special application of the Code.
1294
Transfer of suit to principal register.
Transfer of suit to summary register.
Court may make special orders transfer of suits.
1295
No costs in certain cases.
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
Attorneys may practice as advocates.
When appeal will lie and within what period.
Period of vacation.
1296
Appeal from the decision of a question of fact.
Appeal from decision of a queation of law.
[C. L. P. A. 1854, s. 39 & s. 35.
General power of Full Court on appeal.
Stay of execution.
Appeals in pending suits.
Special days to be fixed.
Business in vacation.
Application of present forms.
1297
Proclamation.
[* Section 15 repealed.]
1298
Title.
Preamble.
Short title.
Interpretation clause.
[See Ord. No. 17 of 1882.]
1287
Application of the Court.
Repeal of Ordinances and rules.
Summary Jurisdiction conferred on Supreme Court.
Transfer of officers.
Claims for abolition of office.
Custody of seal and records.
1288
Additional seal.
Legel claims.
[7 of 1862, s. 7.]
Limitation of suits.
[7 of 1862, s. 7.]
Infancy or coverture no bar to the right to sue.
[7 of 1862, s. 7.]
Claims not to be split.
[7 of 1862, s. 8.]
1289
Suits under $1,000 by and against the Crown.
[1 of 1871, s. 34.]
Provision as to section 5 of No. 11 of 1867.
[1 of 1871, s. 38.]
Form of Certificae of Colonial Treasurer under Ordinance No. 9 of 1869.
[1 of 1871, s. 36.]
Certificate for recovery of Crown rent.
[1 of 1871, s. 36.]
Special bailiff under Ordinance No. 9 of 1869.
[1 of 1871, s. 37.]
Spitting of claims.
[1 of 1871, s. 35.]
1290
Equitable claims.
[See 28 & 29 Vic., c. 99; 30 & 31 Vic., c. 142, s. 9; and also 31 & 32 Vic., c. 40, s. 12.]
Preliminary inquiry, petition and answer.
1291
Register of suits.
Suits to be commenced by writ of summons.
Summary hearing.
The Judge may frame issues.
Review of judgment.
[1 of 1871, s. 29.]
Notice of action and special defences.
[7 of 1862, s. 9.]
1292
Proceedings not to be set aside for want of form.
[7 of 1862, s. 31.]
Attendance of parties.
[1 of 1871, s. 5.]
Juries of three.
[* See Ord. No. 18 of 1887.]
Compensation to parties, witnesses, and jurors.
Bailiff.
[* Ord. No. 1 of 1873 repealed.]
1293
Execution
[7 of 1862, s. 23.]
Execution not to prejudice landlords.
[7 of 1862, s. 27.]
[* Cap. 18]
Interpleader by bailiff.
[7 of 1862, s. 24.]
General application of the Code.
[See Shanghai Rules No. 11.]
Special application of the Code.
1294
Transfer of suit to principal register.
Transfer of suit to summary register.
Court may make special orders transfer of suits.
1295
No costs in certain cases.
Amount of Court fees and of fees and costs of counsel and attorney pending issue of new scale.
Attorneys may practice as advocates.
When appeal will lie and within what period.
Period of vacation.
1296
Appeal from the decision of a question of fact.
Appeal from decision of a queation of law.
[C. L. P. A. 1854, s. 39 & s. 35.
General power of Full Court on appeal.
Stay of execution.
Appeals in pending suits.
Special days to be fixed.
Business in vacation.
Application of present forms.
1297
Proclamation.
[* Section 15 repealed.]
1298
Identifier
https://oelawhk.lib.hku.hk/items/show/325
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 14 of 1873
Number of Pages
13
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT SUMMARY JURISDICTION ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/325.
