DISTRICT COURT ORDINANCE
Title
DISTRICT COURT ORDINANCE
Description
CHAPTER 336
DESTRICT COURT ORDINANCE*
ARRANGEMENT OF SECTIONS
Section Page
PART i
PRELIMINARY
1. Short title ................................ ... ... ... ... ... ... ... 5
2. Interpretation ............................. ... ... ... ... ... ... ... 5
PART II
THE DISTRICT COURT
3. Establishment of the District Court of Hong Kong, and general jurisdiction thereof 6
4.....................Constitution of the District Court ... ... ... ... ... ... ... ... ... 6
5...........................Qualifications for appointment as a District Judge ... ... ... ... ... ... 7
6...........................Proceedings to be disposed of by a judge sitting alone ... ... ... ... ... 7
7................Deputy District Judges ...... ... ... ... ... ... ... ... ... ... ... 8
8.....................Powers of a deputy District Judge ... ... ... ... ... ... ... ... ... 8
9....................................Jurisdiction in part-heard cases of magistrates appointed to be judges ... ... 9
10. Jurisdiction in part-heard cases of judges appointed to be Supreme Court Judges or
High Court deputy judges .................. ... ... ... ... ... ... 9
11.........................Judges to be justices of the peace ex officio ... ... ... ... ... ... ... 9
12.........................Distribution and disposal of business of the Court ... ... ... ... ... ... 9
13...........Seal of the Court ................ ... ... ... ... ... ... ... ... ... ... 9
14...........Officer of the Court ............. ... ... ... ... ... ... ... ... ... ... 9
15...........Right of audience ................ ... ... ... ... ... ... ... ... ... ... 10
16....................Prohibition of proceedings in error ... ... ... ... ... ... ... ... ... 11
17....................District Court Rules Committee ... ... ... ... ... ... ... ... ... 11
PART III
PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL PROCEEDINGS
18....................Transfer of unclaimed moneys in Court ... ... ... ... ... ... ... ... 11
19.........[Repealed] ......................... ... ... ... ... ... ... ... ... ... 12
20................Committal for contempt ...... ... ... ... ... ... ... ... ... ... ... 12
Notes:This Ordinance consolidates, as at 31 December 1972, provisions which previously
appeared in the following Ordinances
(1) District Court Ordinance (Cap. 5, 1970 Ed.)
(2) District Court (Civil Jurisdiction and Procedure) Ordinance (Cap. 336, 1970 Ed.)
Section...................................... Page
21. Summary punishment for perjury ......... ... ... ... ... ... ... ... 12
22. Enforcement of liability for fees ......... ... ... ... ... ... ... ... ... 12
23. Enforcement of fines ...................... ... ... ... ... ... ... ..... 12
24..............................Enforcement of orders and warrants for imprisonment ... ... ... ... ... 13
25......................Registrar to take charge of fees, etc . ... ... ... ... ... ... ... ... ... 13
26...................Officer illegally demanding fees ... ... ... ... ... ... ... ... ... ... 13
27..............................Falsely pretending to act under authority of the Court ... ... ... ... ... 13
28. Falsely representing documents to have been issued from the Court ... 14
29.............Rescuing goods .............. ... ... ... ... ... ... ... ... ... ... 14
30.............Assaulting officers ............ ... ... ... ... ... ... ... ... ... ... 14
31...................Revocation of committal order ... ... ... ... ... ... ... ... ... ... 14
PART IV
CIVIL JURISDICTION AND PROCEDURE
Jurisdiction-General
32............................General jurisdiction in actions of contract and tort ... ... ... ... ... ... 14
33.....................Money recoverable by enactment ... ... ... ... ... ... ... ... ... 15
34..............................Abandonment of part claim to give court jurisd*iction ... ... ... ... ... 15
35.....................Jurisdiction for recovery of land ... ... ... ... ... . ... 15
36.....................Jurisdiction where title in question ... ... ... ... ... ... ... ... ... 16
37...............Equity jurisdiction .......... ... ... ... ... ... ... ... ... ... ... 16
37A....................................Exclusion of actions within jurisdiction of Small Claims Tribunal ... ... 17
Counterclaims, Transfer of Proceedings and Miscellaneous
Provisions as to Jurisdiction
38...................Jurisdiction as to counterclaim ... ... ... ... ... ... ... ... ... ... 17
39..........................................Procedure where proceedings beyond jurisdiction are commenced in the Court 18
40. Transfer to Court from High Court of proceedings within jurisdiction of the Court 18
41...................................Transfer of interpleader proceedings from High Court to Court ... ... ... 18
42...............Interpleader generally .... ... ... ... ... ... ... ... ... ... ... ... 19
43. Costs in transferred cases, etc . ... ... ... ... ... ... ... ... ... ... ... 19
44. Procedure on transfer 19
45. Division of causes of action . ... ... ... ... ... ... ... ... ... ... ... 20
46. Infancy no defence ... ... ... ... ... ... ... .... ... ... ... ... ... 20
47. Venue ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
Exercise of Jurisdiction and AncillarY Jurisdiction
48...................General ancillary jurisdiction ... ... ... ... .. 20
49. Interest on claims for debt and damages . 21
Section..................................... Page
50..............Interest on judgments ..... ... ... ... ... ... ... ... ... ... ... ... 22
51..............Ancillary powers of judge . ... ... ... ... ... ... ... ... ... ... ... 22
52......................................Extension of jurisdiction to grant injunctions and to make declarations ... 22
52A.................................Power of court to impose charges on land of judgment debtor ... ... ... 23
52B........Receivers ...................... ... ... ... ... ... ... ... ... ... 23
52C.............Attachment of debts .......... ... ... ... ... ... ... ... ... ... ... 24
52D......................No arrest or imprisonment without order ... ... ... ... ... ... ... ... 24
52E......................Prohibition on debtor leaving Hong Kong ... ... ... ... ... ... ... 25
53.....................Review of judgments and orders ... ... ... ... ... ... ... ... ... 27
Procedure
54.....................Trustees and personal representatives ... ... ... ... ... ... ... ... 27
55..................Claims by employees for wages ... ... ... ... ... ... ... ... ... ... 28
56..............Persons jointly liable .... ... ... ... ... ... ... ... ... ... ... ... 28
57..............Bankruptcy of plaintiff ... ... ... ... ... ... ... ... ... ... ... ... 28
58..........Assessors ..................... ... ... ... ... ... ... ... ... ... 29
59.....................Examination of witnesses abroad ... ... ... ... ... ... ... ... ... 29
60.....................Oral and written judgments, etc. ... ... ... ... ... ... ... ... ... 29
61...........................Proceedings not to be set aside for want of form ... ... ... ... ... ... 30
62...........................Death or absence of judge before conclusion of trial ... ... ... ... ... 30
Appeals
63................Appeal to Court of Appeal ... ... ... ... ... ... ... ... ... ... ... 30
64.......................Powers of Court of Appeal on appeal ... ... ... ... ... ... ... ... 31
65..............Procedure on appeal .......... ... ... ... ... ... ... ... ... ... ... 31
66..............Stay of execution on appeal ... ... ... ... ... ... ... ... ... ... 31
Miscellaneous
66A......................Penalty for neglect of witness summons ... ... ... ... ... ... ... ... 31
67.....................Levy on goods, etc. in first instance ... ... ... ... ... ... ... ... ... 32
68.........................Priority of High Court and court executions ... ... ... ... ... ... ... 32
69.........................Provisions as to forfeiture for non-payment of rent ... ... ... ... ... ... 32
70..........Solicitors ....................... ... ... ... ... ... ... ... ... ... 34
71. Protection of judges 34
72. Civil Procedure Rules ... ... ... ... ... ... ... ... ... ... ... ... ... 34
73. Suitors Fund Rules . 35
73A....................Amendment of limits of jurisdiction ... ... ... ... ... ... . ... ... 36
PART V
CRIMINAL JURISDICTION
74. Criminal jurisdiction ... ... ... ... ... ... ... ... ... ... ... ... ... 36
75. Procedure upon transfer of charge or complaint ... ... ... ... ... ... ... 36
Section...................................... Page
76. Nolle prosequi . ........................ ... ... ... ... ... ... 37
77. Signing and form of charge sheet .......... ... ... ... ... ... ... ... 37
78. Limitation on prosecutions ............. ... ... ... ... ... ... ... ... 38
79. Procedure and practice of the Court in its criminal jurisdiction ... ... ... 38
79A..............Plea by corporation ........ . ... ... ... ... ... ... ... ... ... 39
80. Verdict ................................ ... ... ... ... ... ... ... ... 39
81. Court may take into consideration outstanding offences on application of accused
and consent of prosecution .............. ... ... ... ... ... ... ... 39
82. Penalties ............... ............... ... ... ... ... ... ... ... 39
83. Appeals ............................ ... ... ... . ... ... ... ... ... 40
84. Appeal by way of case stated .............. ... .. ... ... ... ... ... 41
85. Aiders and abettors ....................... ... ... ... ... 41
86. Seizure of property ....................... ... ... ... ... 42
87. Criminal Procedure Rules .................. ... ... ... ... ... ... ... 42
88. Saving of prerogative of mercy ............ ... ... ... ... ... ... ... ... 42
89. No action for false imprisonment .......... ... ... ... ... ... ... ... 42
90. Transitional ........................... ... ... ... ... ... ... ... ... 42
First Schedule ........................... ... ... ... ... ... ... ... 43
Second Schedule........................... ... ... ... ... ... ... ... ... ... ... 43
CHAPTER 336
DISTRICT COURT
To establish a court, having limited civil and criminal
jurisdiction, to be known as the District Court of Hong
Kong, and to make provision for the jurisdiction, procedure
and practice thereof and for purposes connected with the
matters aforesaid.
[18 February 1953.]
PART I
PRELIMINARY
1. This Ordinance may be cited as the District Court Ordinance.
2. In this Ordinance, unless the context otherwise requires
'action' means a civil proceeding commenced by writ of summons or in
such manner as may be prescribed; (Amended, 21 of 1962,s.2)
'cause' means any action, suit or other original proceeding between 1 a
plaintiff and a defendant;
'Court' means the District Court established by section 3;
(Added, 21 of 1962, s. 2)
'defendant' includes any person served with any writ of summons or
process, or served with notice of, or entitled to attend. any
proceedings;
'deputy District Judge' means a deputy District Judge appointed under
section 7; (Replaced, 79 of 1981, s. 11)
'functions' includes powers and duties;
'hereditament' includes both a corporeal and an incorporeal
hereditament; (Added, 21 of 1962, s. 2)
'judge' means a District Judge or a deputy District Judge;
(Replaced, 79 of 1981, s. 11)
'land' means land of whatever description, any part or section thereof,
and tenements and buildings or parts of buildings (whether the
division is horizontal, vertical or made in any other way); (Added,
14 of 1973, s. 2)
'matter' includes every proceeding in the Court not in a cause;
'party' includes every person served with notice of or attending any
proceedings, although not named in the record;
'plaintiff' includes every person asking for any relief (otherwise than
by way of counterclaim as a defendant) against any other person
by any form of proceeding, whether the proceeding is by action,
suit, petition, motion, summons or otherwise;
'Registrar' subject to the provisions of section 14, means the Registrar
of the District Court; (Added, 21 of 1962, s. 2)
'Rules Committee' means the District Court Rules Committee
established under section 17. (Added, 21 of 1962, s. 2)
(1 of 1953, s. 2, incorporated)
PART II
THE DISTRICT COURT
3. (1) A court, to be known as the District Court of Hong Kong, is
hereby established.
(2) The Court shall be a court of record and shall have such civil
and criminal jurisdiction and powers as are conferred upon it by this
Ordinance and by any other enactment for the time being in force.
(Amended, 21 of 1962, s. 3)
(3) The jurisdiction and powers conferred by any other enactment
for the time being in force shall be subject only to such, limitations as
such enactment may provide or may have provided.
(Added, 20 of 1963, s. 3)
(1 of 1953, s. 3, incorporated)
4. (1) The Court shall consist of 2 or more judges, to be known as
District Judges.
(2) District Judges shall be appointed by the Governor by
instrument under the Public Seal.
(3) Any appointment made under the provisions of subsection (2)
may be given effect from a date anterior to that of the instrument by
which it is made:
Provided that nothing herein shall be deemed to authorize the
discharge of any judicial functions by any person so appointed
before the date of the instrument or before the requirements of
section 17 of the Oaths and Declarations Ordinance have been
fulfilled. (Added, 18 of 1958, s. 2. Amended, 20 of 1972, s. 24)
(1 of 1953, s. 4, incorporated)
5. (1) No person shall be appointed to be a District Judge
under section 4 unless-
(a)he is qualified to practise as an advocate or as a solicitor in
a court in England, Scotland, Northern Ireland or some
other part of the Commonwealth or the Republic of
Ireland having unlimited civil or criminal jurisdiction in
that country; and (Amended, 21 of 1962, s. 4)
(b)since becoming so qualified he has for a period of or
periods totalling not less than 5 years-
(i) practised as an advocate or solicitor in such a court;
or
(ii) been a member of the Colonial Legal Service; or
(iii) been a member of the Legal Branch of Her
Majesty's Overseas Civil Service; or
(iv) been a member of Her Majesty's Overseas
Judiciary; or
(v) been a permanent magistrate appointed by warrant
under section 5 of the Magistrates Ordinance; or
(vi) been a legal officer as defined in section 2 of the
Legal Officers Ordinance; or
(vii) held any office specified in the Registrar General
(Establishment) Ordinance appointment to which is
restricted to legally qualified persons; or (Replaced,
38 of 1965, s. 2)
(viii) been a Director, Deputy Director, Assistant
Director of Legal Aid or Legal Aid Officer appointed in
accordance with section 3 of the Legal Aid Ordinance.
(Added, 66 of 1976, s. .2. Amended, 24 of 1983, s. 7)
(2) For the purpose of calculating such period of 5 years,
periods of less than 5 years failing within any of the sub-paragraphs
of paragraph (b) of subsection (1) may be combined. (Amended,
38 of 1965, s. 2)
(1 of 1953, s. 5, incorporated)
6. (1) Every proceeding in the Court and all business arising
thereout shall be heard and disposed of by a judge sitting alone.
(Amended, 21 of 1962, s. 5)
(2) The proceedings in every action or matter subsequent to
the hearing or trial, down to and including the final judgment or
order, and any application for leave to appeal or for a stay of
execution shall, so far as is practicable and convenient, be taken
before the judge before whom the trial or hearing took place.
(Replaced, 21 of 1962, s. 5)
(3) A judge may, subject to any rules or directions made or given
under this Ordinance or any other enactment, exercise in court or in
chambers all or any part of the jurisdiction vested in the Court.
(Aniended, 21 of 1962, s. 5)
(1 of 1953, s. 6, incorporated)
7. (1) Where the office of District Judge is vacant by death or
otherwise, the Chief Justice may appoint a fit and proper person as a
deputy District Judge, to fill such office until such time as the office has
been filled in accordance with the provisions of section 4 or for such
other period as the Chief Justice may think fit.
(2) If a District Judge is unable, through temporary illness or
absence, to carry out his duties the Chief Justice may appoint a fit and
proper person as a deputy District Judge, to fill the office until the said
judge resumes the duties thereof or for such other period as the Chief
Justice may think fit.
(3) If the Chief Justice considers it desirable so to do, he may
appoint any fit and proper person to be a deputy District Judge for such
period as the Chief Justice may think fit.
(4) Every appointment made in accordance with the provisions of
this section may be terminated by the Chief Justice at any time.
(Replaced, 21 of 1962, s. 6. Amended, 2 of 1974, s. 2
and 79 of 1981, s. 11)
8. (1) A deputy District Judge shall, during the period for which he
is appointed, have all the jurisdiction, powers and privileges, and
perform all the duties of the office of District Judge.
(2) Where the hearing of any proceedings duly commenced before a
deputy District Judge is adjourned or where judgment is reserved therein
or is subject to review, the deputy District Judge shall, notwithstanding
that before the hearing is resumed or judgment is delivered or the review
disposed of, his appointment has expired or has been terminated or a
successor is appointed to the District Judge in whose place he was
acting, have power to resume the hearing and determine the proceedings
or to deliver as the judgment of the Court the judgment which he has
reserved or to review the judgment or decision which he has given if
such review is otherwise authorized, as the case may be.
(3). The appointment of a deputy District Judge, shall not become
void by the vacation of the office of the District Judge in whose place he
is acting, from any cause whatsoever, and the acts of a deputy District
Judge done therein shall be as valid as if there had been no such
vacation of office, and the deputy District Judge shall continue to act as
such until either his appointment is terminated or a successor to the
office is appointed.
(Added, 21 of 1962, s. 6. Amended, 11 of 1970, s. 2 and
79 of 1981, s. 11)
9. Where a magistrate is appointed to be a judge he may,
notwithstanding such appointment, exercise and discharge all such
jurisdiction, powers, authorities and duties as were prior to such
appointment vested in him as a magistrate, but in relation only to any
proceedings which were duly commenced before him in his capacity as a
magistrate prior to such appointment.
(Added, 11 of 1970, s. 3)
10. Where a judge is appointed
(a) to be a judge of the Supreme Court under section 6(1) of
the Supreme Court Ordinance; or
(b) to be a deputy judge of the High Court under section
10(1) of the Supreme Court Ordinance,
he may, notwithstanding such appointment, exercise and discharge all
such jurisdiction, powers, authorities and duties as were prior to such
appointment vested in him as a judge of the Court, but in relation only
to any proceedings which were duly commenced before him in his
capacity as such judge prior to such appointment.
(Added, 11 of 1970,s. 3. Amended, 92 of 1975, s. 58 and 49 of
1983, s. 7)
11. Every judge shall be a justice ofthe peace by virtue of his
office.
(Added, 11 of 1970, s. 3)
12. (1) Subject to any rules made under thisOrdinance, the Chief
Justice may give such directions as he thinks fit touching the
distribution and disposal of the business of the Court.
(2) Subject to any such rules or directions and to the provisions of
subsection (3), a judge shall sit for the disposal of business pending in
the Court at such places and times as he may think fit. (Amended, 21 of
1962, s. 7)
(3) Any proceedings may at any time and at any stage thereof, and
either with or without application from any of the parties thereto, be
transferred in such manner as may be prescribed or as any such
direction may authorize, from one judge to another. (Amended, 21 of
1962, s. 7)
(1 of 1953, s. 8, incorporated)
13. The Court shall have a seal of a design (which shall incorporate
a device and impression of the Royal Arms) approved by the Chief
Justice, and all writs, judgments, orders and other process issuing out
of, the Court shall be sealed therewith.
(1 of 1953, s. 9, incorporated. Amended, 21 of 1962, s. 8)
14. (1) The Governor may appoint a registrar of the Court and such
number of deputy registrars, assistant registrars and bailiffs as he may
think fit; and there may be attached to such court such number of clerks
of the Court, clerks, interpreters and other officers as the Governor may
consider necessary. (Amended, 21 of 1962, s. 9 and 38 of 1965, s. 3)
(2) In addition to any functions, powers and duties which he is by
this or any other enactment enabled to exercise or required to discharge,
the Registrar, and every deputy registrar, assistant registrar, bailiff, clerk
of the Court, clerk, interpreter and other officer appointed or attached to
the Court under the provisions of subsection (1) may exercise and
discharge the like functions, powers and duties respectively insofar as
the same are applicable to the business and proceedings of the Court, as
those exercised and discharged by a regisirar, deputy registrar, assistant
registrar, bailiff, clerk of the Court, clerk, interpreter or other officer
attached to the Supreme Court. (Replaced, 21 of 1962, s. 9. Amended,
38 of 1965, s. 3 and 92 of 1975, s. 58)
(3) Any act which under this or any other enactment is required or
authorized to be done by the Registrar may be performed by a deputy
registrar or assistant registrar of the Court; and any process of the Court
may be executed by any bailiff thereof notwithstanding that it may have
been directed personally to some other bailiff. (Amended, 21 of 1962, s.
9 and 38 of 1965, s. 3)
(4) It shall be lawful, in relation to the business and proceedings of
the Court, for the Registrar of the Supreme Court and every deputy
registrar, assistant registrar and bailiff attached to the Supreme Court to
exercise any power or discharge any duty which such Registrar, deputy
registrar, assistant registrar or bailiff might respectively have exercised
or discharged under subsections (2) and (3) of this section if he had
been appointed or attached to the Court under subsection (1) of this
section. (Aniended, 21 of 1962, s. 9; 38 of 1965, s. 3 and 92 of 1975, s.
58)
(5) In the exercise of his powers and discharge of his duties under
this Ordinance, any person to whom this section applies shall be subject
to the same liabilities and penalties and have the benefit of the same
protection as attach by virtue of the provisions of the Supreme Court
Ordinance, to a person exercising or discharging similar powers or duties
under that Ordinance. (Aniended, 21 of 1962,s.9)
(Replaced, 18 of 1958, s. 3)
15. (1) In any proceedings in the Court, any of the following
persons may address the Court, namely
(a) any party to the proceedings;
(b)a barrister qualified to practise in the Supreme Court and
retained by or on behalf of any party;
(c)a solicitor qualified to practise in the Supreme Court and acting
generally in the proceedings for a party thereto, but not a
solicitor retained as an advocate by a solicitor so acting;
(d)any other person allowed by leave of the Court to appear
instead of a party to the proceedings:
Provided that the right of a solicitor to address the Court shall
not be excluded by reason only that he is in the permanent and
exclusive employment of any other solicitor.
(2) No person other than a solicitor shall be entitled to have or
to recover any fee or reward for appearing or acting on behalf of any
other party in any proceedings in the Court:
Provided that nothing in this Ordinance shall affect the right of
any barrister to appear or to act in the Court or of any solicitor to
recover costs in respect of his employment of a barrister to appear or
to act as aforesaid.
(3) In criminal proceedings in the Court, any public officer or
member of a class of public officers appointed by the Attorney
General to act as public prosecutor may conduct generally on behalf
of the Attorney General any prosecution or specified class of pro-
secutions or any particular case before the Court and any public
prosecutor so appointed may, without any written authority,
appear before a judge upon any proceedings in any case of which
he is in charge.
(Replaced, 21 of 1962, s. 10)
16. No proceedings in error shall be taken upon any pro-
ceeding under the provisions of this Ordinance.
(1 of 1953, s. 12, incorporated)
17. (1) There shall be a District Court Rules Committee
consisting of the Chief Justice, 3 District Judges appointed by the
Chief Justice, a barrister nominated by the Hong Kong Bar Associa-
tion, a solicitor nominated by the Law Society of Hong Kong and
the Registrar. (Amended, 79 of 1981, s. 11)
(2) At any meeting of the Rules Committee, 3 members, one
of whom is either such a barrister or such a solicitor, shall be a
quorum.
(3) The Rules Committee shall be convened by or at the
direction of the Chief Justice.
(4) The Chairman of the Rules Committee shall be the Chief
Justice or, in his absence, the senior District Judge present at the
meeting.
(Replaced, 21 of 1962, s. 11)
PART III
PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL
PROCEEDINGS
18. (1) When any sum of money remains unclaimed in the
Court for a period of 5 years, the Chief Justice may, on application
by the Registrar of the Supreme Court, order such sum to be
transferred to the general revenue of the Colony.
(2) Before making any order under subsection (1) the Chief Justice
may direct that such notice, if any, as he thinks necessary shall be given
and to such parties as he may think fit.
(Added, 71 of 1971, s. 3)
19. [Repealed, 59 of 1981, s. 4]
20. If any person-
(a)wilfully insults a judge or a witness or any officer of the Court
during his sitting or attendance in court, or in going to or
returning from the Court; or
(b) wilfully interrupts the proceedings of the Court or commits
contempt of the Court or otherwise misbehaves in court,
any officer of the Court, with or without the assistance of any other
person may, by order of the judge, take the offender into custody and
detain him until the rising of the Court and the judge may if he thinks fit
(i) by a warrant under his hand commit the offender to prison for a
specified period not exceeding 2 years; or (Amended, 25 of
1972, s. 2)
(ii) impose upon the offender a fine not exceeding $5,000 for every
such offence.
(Replaced, 21 of 1962, s. 12. Amended, 59 of 1981, s. 4)
21. If it appears to a judge that any witness (which shall include a
party who gives evidence on his own behalf) has wilfully given false
testimony, the judge may
(a)by warrant under his hand commit the offender to prison for a
specified period not exceeding 14 days; or
(b)impose upon the offender a fine not exceeding $1,000 for every
such offence:
Provided that before making any order under this section, the judge
shall first clearly inform the witness of the specific words which appear
to the judge to constitute a false testimony and shall give the witness an
opportunity of showing cause why the order should not be made and
shall, if so requested by the said witness, adjourn the proceedings in
order to enable the said witness to instruct solicitor or counsel on his
behalf.
(Replaced, 21 of 1962, s. 12)
22. In default of the payment of any fees which have been
prescribed, payment thereof shall be enforced, by order of the Court, in
like manner as payment of any debt adjudged by the Court to be paid.
(Replaced, 21 of 1962, s. 12)
23. Payment of any fine imposed by a Court under this Ordinance
may, upon the expiration of the time limited for payment thereof, be
enforced upon the order of a judge
(a)in like manner as payment of any debt adjudged by the
Court to be paid; or
(b)if the judge thinks fit, by committal of the offender to
prison for a specified period not exceeding 14 days.
(Replaced, 21 of 1962, s. 12)
24. Whenever any order or warrant for the committal of any
person to prison is made or issued by the Court or ajudge, the order
or warrant shall be directed to the Registrar who shall thereby be
empowered to take the body of the person against whom the order is
made on the warrant issued and it shall be the duty-
(a)of every police officer to assist in the execution of every
such order or warrant; and
(b)of the officer in charge of the prison mentioned in any such
order or warrant to receive and keep the person therein
mentioned until he is lawfully discharged.
(Replaced, 21 of 1962, s. 12)
25. There shall be paid to the Registrar-
(a)all fees payable under this Ordinance or under any other
enactment, in respect of any proceedings in the Court;
(b) all forfeitures so imposed; and
(c)all fines so imposed, except so much of a fine as by virtue
of section 19(3), is directed to be applied towards indemni-
fying a party injured.
(Added, 21 of 1962, s. 12)
26. Any Officer of the Court who directly or indirectly asks for
or receives any fee or gratuity, not authorized by law in respect of
any of the duties of his office shall be guilty of an offence and shall be
liable-
(a)on summary conviction to a fine of $2,000 and to imprison-
ment for 2 years; or
(b) on conviction on indictment to imprisonment for 7 years.
(Replaced, 21 of 1962, s. 12)
27. Any person who------
(a)delivers or causes to be delivered to any other person any
paper falsely purporting to be a copy of any summons or
other process of the Court, knowing it to be false; or
(b)acts or professes to act under any false colour or pretence
of the process or authority of the Court,
shall be guilty of an offence and shall be liable-
(i)on summary conviction to a fine of $2,000 and to imprison-
ment for 2 years; or
(ii) on conviction on indictment to imprisonment for 7 years.
(Added, 21 of 1962, s. 12)
28. Without prejudice to the provisions of section 27 any person
who knowingly delivers or cause to be delivered to any person any
document which not having been issued under the authority of the
Court has, by reason of its form or contents or both, the appearance of
having been issued under such authority shall be guilty of an offence
and shall be liable on summary convictin to a fine of $5,000 and to
imprisonment for 12 months.
(Replaced, 21 of 1962, s. 12)
29. Any person who rescues or attempts to rescue any goods
seized in execution under process of the Court or seized under a distress
for rent shall be guilty of an offence and shall be liable
(a)on summary conviction to a fine of $1,000 and to
imprisonment for 12 months; or
(b)on an order made by a judge in that behalf, to be committed to
prison for a specified period not exceeding one month and to
a fine of $1,000,
and a bailiff of the Court may take the offender into custody, with or
without warrant, and bring him before a judge.
(Added, 21 of 1962, s. 12)
30. Any person who assaults, resists or obstructs an officer of the
Court while in the execution of his duty shall be liable
(a)on summary conviction to a fine of $1,000 and to
imprisonment for 12 months; or
(b)on an order made by a judge in that behalf, to be committed to
prison for a specified period not exceeding one month and to
a fine of $1,000,
and a bailiff of the Court may take the offender into custody, with or
without warrant, and bring him before a judge.
(Replaced, 21 of 1962, s. 12)
31. A judge may at any time revoke an order committing a person
to prison under section 20, 21, 23, 29 or 30 and, if he is already in
custody, order his discharge.
(Added, 21 of 1962, s. 12)
PART IV
CIVIL JURISDICTION AND
PROCEDURE
Jurisdiction-General
32. (1) The Court shall have jurisdiction to hear and determine any
action founded on contract or tort where the debt, demand or damage
claimed is not more than $60,000 whether on balance of
account or otherwise:
Provided that the Court shall not, except as is provided in this
Ordinance or by any other enactment, have jurisdiction to hear and
determine
(a) any action for the recovery of land; or
(b)any action in which the title to any hereditament is in question.
(2) The Court shall have jurisdiction to hear and determine any
action where the debt or Oemand claimed consists of a balance not
exceeding $60,000 set-off of-any debt or demand claimed or recoverable
by the defendant from the plaintiff, being a set-off admitted by the
plaintiff in the particulars of his claim or demand.
(22 of 1962, s. 3, incorporated. Amended, 35 of 1966, s. 2;
68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)
33. (1) The Court shall have jurisdiction to hear and determine any
action for the recovery of any penalty, expenses, contribution or other
like demand which is recoverable by virtue of any enactment for the
time being in force and for the recovery of any sum which is declared by
any enactment to be recoverable as a civil debt if
(a) it is not expressly provided by that or any other enactment
that the demand shall be recoverable only in some other
court; and
(b)the amount claimed in the action does not exceed $60,000.
(Amended, 35 of 1966, s. 2; 68 of 1973, s. 2; 79 of 1981, s. 2
and L.N. 387/83)
(2) For the purposes of this section, 'penalty' shall not include a
fine to which any person is liable on conviction on indictment or on
summary conviction.
(22 of 1962, s. 4, incorporated)
(1) Where a plaintiff has a cause of action for more than
$60,000 in which, if it were for not more than W, the Court would have
jurisdiction, the plaintiff may abandon the excess, and thereupon the
Court shall have jurisdiction to hear and determine the action, so,
however, that the plaintiff shall not recover in the action an amount
exceeding $60,00 (Amended, 35 of 1966, s. 2; 68 of 1973, s. 2; 79 of
1981, s. 2 and L.N. 387/83)
(2) Where the Court has jurisdiction to hear and determine an
action by virtue of this section, the judgment of the Court in the action
shall be in full discharge of all demands in respect of the cause of
action, and entry of the judgment shall be deemed to be made
accordingly.
(22 of 1962, s. 5, incorporated)
35. Subject to the provisions of Part I of the Landlord and Tenant
(Consolidation) Ordinance, the Court shall have jurisdiction to hear and
determine any action for the recovery of land where the annual rent or
the rateable value, determined in accordance with the
provisions of the Rating Ordinance, or the annual value of the land,
whichever is the least, does not exceed $45,000.
(22 of 1962, s. 6, incorporated. Amended, 68 of 1973, s. 3;
79 of 1981, s. 2 and L.N. 387/83)
36. The Court shall have jurisdiction to hear and determine any
action in which the title to any hereditament comes in question, being an
action which would otherwise be within the jurisdiction of the Court
(a) in the case of an easement or licence, if the rateable value
determined in accordance with the provisions of the Rat-
ing Ordinance or the annual value, whichever is the less, of
the hereditarnent in respect of which the easement or
licence is claimed, or on, through, over or under which the
easement or licence is claimed does not exceed $45,000 or
(b) in any other case if such rateable value or the annual value
whichever is the less, of the hereditament in question does
not exceed $45,000.
(22 of 1962, s. 7, incorporated. Amended, 68 of 1973, s. 3; 79
of 1981, s. 2 and L.N. 387/83)
37. (1) The Court shall have all the jurisdiction of the High Court to
hear and determine any of the following proceedings
(a)proceedings for the administration of the estate of a deceased
person, where the estate does not exceed in amount or value
the sum of S $60,000;
(b)proceedings for the execution of any trust or for a declaration
that a trust subsists or proceedings under section 3 of the
Variation of Trusts Ordinance being (in any case) proceedings,
where the estate or fund subject, or alleged to be subject, to the
trust does not exceed in amount or value the sum of $60,000
(Amended, 34 of 1964, s. 4)
(c)proceedings for foreclosure or redemption of any mortgage or
for enforcing any charge or lien, where the amount owing in
respect of the mortgage charge or-lien does not exceed the sum
of $60,000;
(d)proceedings for the specific performance, or for the
rectification, delivery up or cancellation of any agreement for
the sale, purchase or lease of any property, where, in the case
of a sale or purchase, the purchase money or, in the case of a
lease, the value of the property does not exceed the sum of
$60,000.
(e)proceedings relating to the maintenance or advancement of an
infant, where the property of the infant does not exceed in
amount or value the sum of $60,000
(f) ) proceedings for the dissolution or winding, up of any
partnership, whether or not the existence of the partner-
ship is in dispute, where the whole assets of the partnership
do not exceed in amount or value the sum of $60,000
(g)proceedings for relief against fraud or mistake where the
damage sustained or the estate or fund in respect of which
relief is sought does not exceed in amount or value the sum of
$60,000. Amended 35 of 1966, s. 3; 68 of 1973, s. 2; 79 of
1981, s. 2 and L.N. 387183)
(2) In all such proceedings as aforesaid a judge shall, in addition to
any other powers and authority possessed by him, have all the powers
and authorities, for the purpose of this Ordinance, of a judge of the High
Court acting in the exercise of the equitable jurisdiction of the High
Court.
(3) Nothing in subsection (1) shall have the effect of giving
jurisdiction to the Court in any proceedings relating to the recovery of
any land or the title to any hereditament, where the annual rent or the
rateable value, determined in accordance with the provisions of the
Rating Ordinance, or the annual value of the land or heredita-
ment, whichever is the least, exceeds $45,000 (Added, 35 of 1966,
s. 3. Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and L.N. 387/83)
(22 of 1962, s. 8, incorporated)
37A. Notwithstanding this Part but subject to section 5(3) of the
Small Claims Tribunal Ordinance, the Court shall not have jurisdiction to
hear and determine any action or matter that lies within the jurisdiction
of the Small Claim Tribunal, unless the Court has jurisdiction under the
Small Claims Tribunal Ordinance.
(Added, 79 of 1975, s. 40)
Counterclaims, Transfer of Proceedings and Miscellaneous
Provisions as to Jurisdiction
38. (1) Where in any action or matter commenced in the Court, any
counterclaim or set-off and counterclaim of any defendant involves
matter beyond the jurisdiction of the Court, any party to the action or
matter may, within such time as may be prescribed by the Rules of the
Supreme Court, apply to the High Court or to a judge thereof for an
order or that the whole proceedings, or the proceedings on the
counterclaim or set-off and counterclaim, be transferred to the High
Court.* (Amended, 103 of 1970,s.3)
(2) In any such proceedings, and at any stage thereof, a judge
may, ai any time of his own motion, report to the Registrar of the
Supreme Court the facts and circumstanes 2 or relevant to such
proceedings and the Registrar of the Surpeme Court shall thereupon
place such report before the High Court or before a judge thereof.
(3) On any such application or report, the High Court or a judge
thereof may, as it or he thinks fit, order either
(a)that the whole proceedings be transferred to the High Court;
or
(b)that the whole proceedings be heard and determined in the
Court; or
(c)that the proceedings on the counterclaim or set-off and
counterclaim be transferred to the High Court and that the
proceedings on the plaintiff's claim and the defence thereto
other than the set-off, if any, be heard and determined in
the Court:
Provided that, where an order is made under paragraph (c) and
judgment on the claim is given for the plaintiff, execution thereon
shall, unless the High Court or ajudge thereof at any time otherwise
orders, be stayed until the proceedings transferred to the High Court
have been concluded.
(4) If no application or report is made under this section
within the time prescribed as aforesaid, or if on any such application
or report it is ordered that the whole proceedings be heard and
determined in the Court, the Court shall have jurisdiction to hear
and determine the whole proceedings notwithstanding any enact-
ment to the contrary.
(22 of 1962, s. 9, incorporated)
39. (1) Where an action or matter commenced in the Court
involves matter beyond the jurisdiction of the Court, any defendant
may, before the expiry of 3 clear days or such other period as may be
prescribed, give notice to the Court that he objects to the action or
matter being tried in the Court and where such notice is given, the
Court shall order that the action be transferred to the High Court.
(2) A judge may, at any stage of the proceedings, of his own
motion, order that any action or matter, which involves matter
beyond the jurisdiction of the Court or which appears to him,
having regard to the nature of the claim or the relief sought, might
be more conveniently heard and determined in the High Court, be
transferred to the High Court.
(3) Nothing in this section shall empower the Court to hear
and determine any proceedings involving matter beyond its jurisdic-
tion.
(22 of 1962, s. 10, incorporated)
40. Where an action or matter commenced in the High Court
is within the jurisdiction of the Court or has been brought within
such jurisdiction by payment, admitted set-ofF or otherwise, the
High Court or a judge thereof may, if it or he thinks fit, order the
transfer of such action or matter to the Court and thereupon the
Court shall have jurisdiction and authority to proceed therein.
(22 of 1962, s. 11, incorporated)
41. If it appears to the High Court or to a judge thereof that
any proceedings in the High Court by way of interpleader, in which
the amount or value of the matter in dispute does not exceed the sum
of $60,000, may be more conveniently heard and determined in the
Court, the High Court may at any time order that the proceedings be
transferred to the Court and thereupon the Court shall have jurisdiction
and authority to proceed therein.
(22 of 1962, s. 12, incorporated. Amended, 35 of 1966, s. 2;
68 of 1973, s. 2; 79 of 1981, s. 2 and L.N. 387/83)
42. Except as provided in section 41, the jurisdiction of the Court in
interpleader proceedings shall be limited to cases in which a claim is
made to or in respect of any movable property seized or intended to be
seized in execution under process of the Court:
Provided that nothing in this section shall affect the jurisdiction
conferred on the Court by section 48, in interpleader proceedings
other than under executions, that is to say, where a person, being under
a liability for any debt or other chose in action, money or movable
property for or in respect of which he is or expects to be sued by 2 or
more persons, applies to the Court for relief by way of interpleader.
(22 of 1962, s. 13, incorporated)
43. (1) Where an action, counterclaim or matter is ordered to be
transferred
(a) from the High Court to the Court; or
(b) from the Court to the High Court,
the costs of the whole proceedings both before and after the transfer
shall, subject to any order made by the court which ordered the transfer,
be in the discretion of the court to which the proceedings are
transferred, and that court shall have power to make orders with respect
thereto and as to the scales on which the costs of the several parts of
the proceedings are to be taxed, and the costs of the whole proceedings
shall be taxed in that court:
Provided that, where an action that is transferred from the High
Court to the Court is an action founded on contract or tort, then, as
regards so much of the proceedings in the action as takes place in the
High Court before the transfer, the Court may, if satisfied that there was
sufficient reason for bringing the action in the High Court and subject
to any, order of the High Court, make an order allowing costs on the
High Court scale or on any scale of the Court.
(2) Where any proceedings in which the Court has jurisdiction are
brought in the High Court costs shall be recoverable on such scale and
in such amount as would have been recoverable if the proceedings had
been brought in the Court, unless the proceedings were so brought by
leave of the High Court or unless the High Court otherwise orders.
(22 of 1962, s. 14, incorporated)
44. (1) When any action, counterclaim or matter is ordered to be
transferred from the High Court to the Court
(a)any party may lodge with the Registrar of the Supreme Court
the order and the writ or other process or copies thereof and
such other documents, if any, as the Registrar of the Supreme
Court may direct; and
(b)the Registrar of the Supreme Court shall, on the application of
that party and on production of the order and the filing of a
copy thereof, send to the Registrar of the Court all pleadings,
affidavits and other documents filed in the High Court relating
to the action, counterclaim or matter.
(2) On such documents being so lodged or sent, the action and
counterclaim if any, or the counterclaim or matter, shall be transferred to
the Court and, subject as may be prescribed, all further proceedings
therein shall be taken and tried, as if the action, counterclaim or matter
had been originally commenced in that Court and that Court shall have
jurisdiction to deal therewith notwithstanding any enactment to the
contrary:
Provided that the transfer shall not affect any right of appeal in the
High Court or to the Court of Appeal from the order directing the
transfer, or the right to enforce in the High Court any judgment signed
or order made in that court before the transfer.
(3) Nothing in the provisions of section 38, 39, 40 or 41 shall
derogate from the provisions of section 15 of the Crown Proceedings
Ordinance.
(4) This section shall apply mutatis mutandis when any action,
counterclaim ot matter is ordered to be transferred from the Court to the
High Court. (Added, 103 of 1970, s. 4)
(22 of 1962, s. 15, incorporated)
45. No cause of action shall be split or divided so as to be made the
ground of 2 or more different actions for the purpose of bringing 2 or
more actions in the Court.
(22 of 1962, s. 16, incorporated)
46. No person shall by reason of his not having attained the full
age of 21 years be exempted from liability for any debt, damage or
demand within the jurisdiction of the Court or which is brought within
the jurisdiction of the Court by abandoning the excess within
the meaning of section 34.
(22 of 1962, s. 17, incorporated)
47. No judgment, order or proceedings whatsoever shall be
liable to be set aside on account of any defect in venue.
(22 of 1962, s. 18, incorporated)
Exercise of Jurisdiction and Ancillary Jurisdiction
48. (1) The Court, as regards any cause for the time being within its
jurisdiction, shall in any proceedings before it
(a)grant such relief, redress, or remedy or combination of
remedies, either absolute or conditional; and
(b)subject to the provisions of section 38, give such and the
like effect to every ground of defence or counterclaim,
equitable or legal,
as ought to be granted or given, in the like case by the High Court
and in as full and ample a manner.
(2) In the application of the provisions of subsection (1) the
rules of equity shall prevail in all matters in which there was
formerly or is any conflict or variance between the rules of equity
and the rules of common law.
(22 of 1962, s. 19, incorporated)
49. (1) Subject to subsection (2), the Court may, in any
proceedings brought in the Court for the recovery of any debt or
damages, order that there shall be included in the sum for which
judgment is given interest at such rate as it thinks fit on the whole or
any part of the debt or damages for the whole or any -part of the
period between the date when the cause of action arose and the date
of the judgment.
(2) Nothing in subsection (1) shall-
(a) authorize the giving of interest upon interest;
(b)apply in relation to any debt upon which interest is payable
as of right whether by virtue of any agreement or other-
wise; or
(c)affect the damages recoverable for the dishonour of a bill
ofexchange.
(3) The powers conferred by subsection (1) may be exercised-
(a) whether or not interest is expressly claimed;
(b)at any time afterjudgment is entered in any case in which it
appears that the failure to apply for or to award interest
was through inadvertence; and
(c)in the case of ajudgment entered by default or by order of
the Registrar, by the Registrar.
(22 of 1962, s. 19A, incorporated. Added, 6 of 1970,
Schedule)
(4) Where in any such proceedings as are mentioned in subsec-
tion (1) judgment is given for a sum which (apart from interest on
damages) exceeds $3,000 and represents or includes damages in
respect of personal injuries to the plaintiff or any other person, or in
respect of a person's death, then (without prejudice to the exercise of
the power conferred by that subsection in relation to any part of that
sum which does not represent such damages) the Court shall exercise
that power so as to include in that sum interest on those damages or
on such part of them as the Court considers appropriate, unless the
Court is satisfied that there are special reasons why no interest should
be given in respect of those damages. (Added, 100 of 1970, s.2)
(5) Any order under this section may provide for interest to be
calculated at different rates in respect of different parts of the period for
which interest is given, whether that period is the whole or part of the
period mentioned in subsection (1). (Added, 100 of 1970,s.2)
(6) For the avoidance of doubt it is hereby declared that in
determining for the purposes of any enactment contained in Part IV,
whether an amount exceeds, or is less than, a sum specified in that Part,
no account shall be taken of any power exercisable by virtue of this
section or of any order made in the exercise of such a power. (Added,
100 of 1970, s. 2)
(7) In this section-
'personal injuries' includes any disease and any impairment of
a person's physical or mental condition. (Added, 100 OF
1970,s.2)
50. Ajudgment debt shall carry interest at the rate fixed by the Chief
Justice by notice published in the Gazette on the aggregate amount
thereof, or on such part thereof as for the time being remains
unsatisfied. from the date of the judgment until satisfaction.
(22 ol' 1962, s. 19B incorporated. Added, 6 of 1970,
Schedule. Amended, 79 of' 1981, s.2)
51. Ajudge shall have jurisdiction in any proceedings pending in
the Court to make any order or to exercise on an ex parte application
any authority or jurisdiction which, if it related to an action or
proceeding pending in the High Court, might be made or exercised by
ajudge of the High Court in chambers.
(22 of 1962, s. 20, incorporated)
52. (1) The Court shall have jurisdiction to grant and to enforce
injunctions of whatsoever nature and as the case may require and to
make binding declarations of right
(a) in all matters affecting movable property, including money
and choses in actions., where the amount or value thereof
does not exceed $60,000, a (Amended, 68 of 1973, s. 2;
79 of 1981, s. 2 and L.N. 387/83)
(b) with respect to any apprehended distress; and
(c)in all matters affecting immovable property, including any right,
licence or easement in, to, through or over any immovable
property and any agreement, convenant or condition
respecting immovable property, where the annual rent or the
rateable value, determined in accordance with the provisions of
the Rating Ordinance or the annual value, whichever is the
less, of the property does not exceed $45,000 and (Amended,
68 of 1973, s. 3; 79 of 1981, s. 2 and L.N. 387/83)
(d)in all matters of contract not failing within paragraph (a), (b) or
(c) where the amount or value of the subject matter of the
contract does not exceed $60,000 ,Amended, 68 of 1973, s. 2;
79 of 1981, s. 2 and L.N. 387/83)
notwithstanding that any claim for damages or for any other relief or
remedy which the Court is competent to grant shall be made in the
proceedings. (Amended, 35 of 1966, s. 4)
(2) Nothing in this section shall-
(a)be deemed to confer admiralty jurisdiction upon the Court; or
(b) prejudicially affect the provisions of sections 48 and 5 1; or
(c)empower the Court to grant any injunction or to make any
declaration in such manner as to affect any process or
proceeding of or in the High Court.
(22 of 1962, s. 21, incorporated)
52A. (1) The Court may, for the purpose of enforcing a judgment or
order of the Court for the payment of money to a person, by order
impose on any land or interest in land of the debtor as may be specified
in the order a charge for securing the payment of any moneys due or to
become due under the judgment or order.
(2) An order under subsection (1) may be made either absolutely or
subject to conditions as to notifying the debtor as to the time when the
charge is to become enforceable or as to other matters.
(3) The Land Registration Ordinance shall apply in relation to
orders under subsection (1) as it applies to judgments or orders
affecting land but, save as aforesaid, a charge imposed under
subsection (1) shall have the like effect and shall be enforceable in the
same manner as an equitable charge created by the debtor by writing
under his hand; and for the purposes of this provision the limit imposed
by section 37(1)(c) on the jurisdiction of the Court shall be disregarded.
(A tided, 14 of 1973, s. 2)
52B. (1) The Court may appoint a receiver by an interlocutory order
in all cases in which it may appear to the Court to be just or convenient
that such order should be made; and any such order may be made either
unconditionally or on such terms and conditions as the Court may think
just.
(2) The power of the Court to appoint a receiver by way of
equitable execution shall operate in relation to land and any interest in
land.
(3) The power under this section may be exercised in relation to
land or any interest in land (whether or not a charge has been imposed
on that land or interest under section 52A for the purpose of enforcing
the judgment or order under that section). and the
power shall be in addition to and not in derogation of any power of any
court to appoint a receiver in proceedings for enforcing such a charge.
(Added, 14 of 1973, s. 2)
52C. A sum standing to the credit of a person in a deposit account
in a bank shall, for the purposes of jurisdiction of the Court to attach
debts for the purpose of satisfying judgments or orders for the payment
of money, be deemed to be a sum due or accruing to that person and,
subject to the District Court Civil Procedure (General) Rules, shall be
attachable accordingly, notwithstanding that any of the following
conditions applicable to the account, that is to say
(a)any condition that notice is required before any money is
withdrawn;
(b)any condition that a personal application must be made before
any money is withdrawn;
(c)any condition that a deposit book must be produced before
any money is withdrawn;
(d)any condition that a receipt for money deposited must be
produced before any money is withdrawn; or
(e)any other condition prescribed by the District Court Civil
Procedure (General) Rules,
has not been satisfied.
(Added, 14 of 1973, s. 2)
52D. (1) Subject to section 52E, a person shall not be arrested or
imprisoned to enforce, secure or pursue a civil claim for the payment of
money or damages except under an order of Court; and the Court shall
have jurisdiction to make such an order for arrest or imprisonment only
to enforce, secure or pursue a judgment for the payment of a specified
sum of money.
(2) An order for imprisonment under subsection.(1) shall be for a
period not exceeding 3 months.
(3) The period mentioned in subsection (2) may be amended by
resolution of the Legislative Council.
(4)(a) The Court may, on application, discharge, vary or suspend
an order for arrest or imprisonment made under this section,
either absolutely or subject to such conditions as the Court
thinks fit.
(b)The Court may make an order for arrest or imprisonment under
this section subject to such conditions as it thinks fit,
including conditions as to the time and place of execution of
the order and the condition that the judgment debtor be
released on the payment of the judgment debt and costs, the,
provision of security by him or on his behalf or on the
surrender of his travel documents.
(5) This section shall not affect any jurisdiction ofthe Court to
make orders of committal in relation to
(a) contempt of court; or
(b) disobedience of ajudgment or order of the Court.
(Added, 1 of 1984, s.
10)
52E. (1) The Court shall have jurisdiction to make an order
prohibiting a person from leaving Hong Kong (a prohibition order) to
facilitate the enforcement, securing or pursuance of
(a)a judgment against that person for the payment of a specified
sum of money;
(b) a judgment or order against that person-
(i) for the payment of an amount to be assessed; or
(ii) requiring him to deliver any property or perform any
other act; or
(c) a civil claim (other than a judgment)-
(i) for the payment of money or damages; or
(ii) for the delivery of any property or the performance of
any other act.
(2) The Court shall not make an order under subsection (1)(b)
unless it is satisfied that there is probable cause for believing that
(a)the person against whom the order is sought is about to leave
Hong Kong; and
(b)by reason of paragraph (a), satisfaction of the judgment or
order is likely to be obstructed or delayed.
(3) The Court shall not make an order under subsection (1)(c)
unless it is satisfied that there is probable cause for believing that
(a) there is a good cause of action;
(b) the person against whom the order is sought-
(i) incurred the alleged liability, which is the subject of the
claim, in Hong Kong while he was present in Hong Kong; or
(ii) carries on business in Hong Kong; or
(iii) is ordinarily resident in Hong Kong;
(c) that person is about to leave Hong Kong; and
(d)by reason of paragraph (c), any judgment that may be given
against that person is likely to be obstructed or delayed.
(4)(a) The Court may, on application, discharge a prohibition
order, either absolutely or subject to such conditions as the
Court thinks fit.
(b)The Court may make a prohibition order subject to such
conditions as it thinks fit, including the condition that the
order shall have no effect if the judgment debtor or person
against whom the claim is made satisfies the judgment or
the claim or provides such security as the Court may order.
(5) (a) An order under subsection (1) shall lapse-
(i) on the expiry of one month but the Court may, on
the application of the judgment creditor or claimant,
extend or renew the order for a period which does not
exceed, with the initial period of one month and any other
period of extension or renewal, 3 months; and
(ii) on the service upon the Director of Immigration
and the filing with the Registrar of a notice by the
judgment creditor or claimant advising that the order is no
longer required.
(b)The judgment creditor or claimant shall serve and file the
notice mentioned in paragraph (a)(ii) as soon as reasona-
bly possible after the order is no longer required.
(6) A copy of an order under subsection (1) and any other
order ancillary thereto shall be served on the Director of Immigra-
tion, the Commissioner of Police and, if he can be found, the
judgment debtor or person against whom the claim is made.
(7) Where the Court makes an order under subsection (1)
prohibiting a person from leaving Hong Kong, any person who,
having been served with a copy of the order or otherwise informed of
its effect, attempts to leave Hong Kong in contravention of that
order may be arrested by any immigration officer, police officer or
bailiff.
(8)(a) A person arrested under subsection (7) shall be brought
before the Court before the expiry of the day after the day
of arrest and the Court may-
(i) in the case mentioned in subsection (1)(a), make such
order, for the examination or imprisonment of that person,
under the Rules of the Supreme Court, as is appropriate;
(ii) in the case of any other person, make an order for
the imprisonment of that person until the lapse or dis-
charge of the prohibition order; or
(iii) in any case, make an order discharging that person
from arrest either absolutely or upon compliance with such
conditions as the Court thinks fit.
(b)Section 71 of the Interpretation and General . Clauses
Ordinance shall not apply to this subsection.
(9) The Director of Immigration shall not be liable for any
failure to prevent any person against whom an order is made under
this section from leaving Hong Kong.
(10) The form of order under this section may be prescribed in
the Rules of the Supreme Court.
(Added, 1 of 1984, s. 10)
53. (1) Except where a party to the proceedings has obtained leave
to appeal and the parties to the proceedings do not agree to the
withdrawal of the appeal, ajudge, on such grounds as he may think
sufficient and within one month from the date of any judgment or order
given or made by him, may decide to review any such judgment or order
and on such review may re-open and re-try the case, wholly or in part,
and may take fresh evidence and may reverse, vary or confirm his
previous judgment or order.
(2) The power conferred by subsection (1) may be exercised-
(a)by a judge of his own motion, on notice to all parties to the
proceedings; or
(b)on the application of any party to the proceedings, on notice
to the other party.
(3) The exercise of the power conferred by subsection (1) shall not
operate as a bar to appeal by any party to the proceedings, against the
judgment or order or, as the case may be, the determination upon the
review.
(4) On an application by a party to any proceedings for a review of
a decision or order made therein. ajudge may impose such terms as to
costs, payment into court or otherwise as he may think fit as a
condition of the exercise of his power of review.
. (5) If a judge shall have decided, within one month from the date of
any judgment or order, to exercise his power of review in respect
thereof, such power may be exercised at any time thereafter whether
within such period of one month or otherwise.
(6) A decision by ajudge to exercise his power of review shall not
operate as a stay of execution of the judgment or order which is to be
reviewed unless the judge otherwise orders and any stay of execution
may be made subject to such conditions as to costs, payment into
court, giving security or otherwise as the judge thinks fit.
(7) The power conferred by subsection (1) may be exercised in
relation to proceedings under the jurisdiction conferred by any other
enactment unless such other enactment specifically otherwise provides.
(22 of 1962, s. 22, incorporated)
Procedure
54. Any trustee, executor or administrator may sue and be sued in
the Court on behalf of or as representing the property or estate of which
he is a trustee or a personal representative, without joining any person
beneficially interested in the trust or the estate and in like manner as if
the trustee, executor or administrator were a party in his own right but
the Court may, at any stage of the proceedings, order that any person
beneficially interested in the trust
or estate shall be made a party to the proceedings, either in addition
to or in substitution for the previously existing parties.
(22 of 1962, s. 23, incorporated)
55. Any 2 or more persons, being employees or prospective
employees of the same person or having separate causes of action
against such person for arrears of salary or wages or for deposits
made with such person, in relation to the employment or prospective
employment, or for damages for wrongful dismissal or otherwise in
connexion with the employment or prospective employment may
unite as plaintiffs in one action against such other person:
Provided that if it appears to the Court that such joinder may
embarrass or delay the trial of the action, the Court may order
separate trials or may make such other order as may be expedient
but any such defendant, though unsuccessful, shall be entitled to
such costs as are occassioned by so joining any person who is not
found to be entitled to any relief, unless the Court in disposing of the
costs otherwise directs.
(22 of 1962, s. 24, incorporated)
56. (1) Where a plaintiff has a demand recoverable against 2
or more persons jointly liable, as partners or otherwise, it shall be
sufficient to serve any of those persons with process, and judgment
may be obtained and execution issued against any person so served
notwithstanding that any other person jointly liable may not have
been served or sued or may not be within the jurisdiction of the
Court.
(2) Where judgment is obtained against a person as aforesaid
and is satisfied by that person, he shall be entitled to recover in the
Court contribution from any other person jointly liable with him.
(3) A judgment obtained against a person in respect of his
liability jointly with any other person shall not release such other
person from any liability for such indebtedness.
(4) Where a person issued in respect of his liability jointly with
any other person, he may set up any defence or counterclaim which
he would have been entitled to set up if all the persons liable had
been made defendants.
(5) Where 2 or more persons are made defendants, whether as
jointly or as severally liable, the plaintiff may have judgment against
any one or more of the defendants and may issue execution thereon
without prejudice to his right to proceed with the action against any
other defendant.
(22 of 1962, s. 25, incorporated)
57. (1) The bankruptcy of the plaintiff in any action in the
Court which the trustee in bankruptcy might maintain for the
benefit of the creditors shall not cause the action to abate if, within
such reasonable time as the Court may order, the trustee elects to
continue the action and to give security for the costs thereof.
(2) The hearing of the action may be adjourned until such
election is made.
(3) Where the trustee does not elect to continue the action and
to give such security as aforesaid within the time limited by the
order, the defendant may avail himself of the bankruptcy as a
defence to the action.
(22 of 1962, s. 26, incorporated)
58. (1) In any civil proceedings, the Court may call to its aid
not more than 2 assessors specially qualified and may dispose of
such proceedings, wholly or in part, with the aid of such assessor or
assessors, but the decision of the judge shall be the decision of the
Court.
(2) The Court may determine the remuneration, if any, to be
paid to an assessor in respect of his services:
Provided that nothing in this subsection shall authorize the
payment of remuneration to any person employed full time in any
office of emolument under the Crown.
(22 of 1962, s. 34, incorporated)
59. (1) The High Court or a judge thereof, on application
made in manner prescribed by the Rules of the Supreme Court, may
issue a commission, request or order to examine witnesses abroad
for the purpose of proceedings in the Court in the same manner as it
or he may issue such commission, request or order for the purpose of
an action or matter in the High Court. (Amended, 103 of 1970,
s.6)
(2) Where any such application is made, the High Court or a
judge thereof, if it or he thinks fit, may order that the proceedings be
transferred to the High Court.
(22 of 1962, s. 35, incorporated)
60. (1) The reasons for any judgment or order of the Court
may be delivered orally or in writing as the judge shall think fit:
Provided that where ajudge has delivered his reasons orally, he
may, of his own motion, at any time within 30 days thereafter and
shall if so required at any time by any party who has obtained an
order for a review under section 53 or has obtained or has been
refused leave to appeal record the reasons for his judgment or order
in writing.
(2) Every party to the proceedings shall be entitled to a copy of
any written judgment or order on payment of such fees as may be
prescribed.
(3) Where a judge records in writing the reasons for a judg-
ment or order in accordance with the proviso to subsection (1), he
may modify the legal grounds thereof or substitute new legal
grounds therefor.
(22 of 1962, s. 36, incorporated)
61. No action or other proceeding in the Court shall be treated or
considered as invalid or subject to be set aside on account of any verbal
or technical errors or other defect in form and any such error or mistake
may in any such case be amended or corrected by the Court.
(22 of 1962, s. 37, incorporated)
62. (1) Where a judge is prevented by death, absence or otherwise
howsoever from concluding the trial of any cause, any other judge, with
the consent of the parties, may proceed therewith and may give
judgment therein and in so doing may act not only upon any further
evidence adduced in the proceedings but also upon any evidence
already received insofar as it has been recorded.
(2) For the purposes of this section, the fact that a judge purports
to proceed with an unconcluded trial in accordance with the provisions
of subsection (1), shall be conclusive evidence that the former judge in
such cause is dead, absent or otherwise not available.
(22 of 1962, s. 38, incorporated)
Appeals
63. (1) If any party to any proceedings in the Court is dissatisfied
with a determination or direction of ajudge in point of law or upon the
admission or rejection of any evidence or on any question of fact, the
party aggrieved by the judgment, direction, decision or order may,
within 14 days thereafter, apply to a judge for leave to appeal, or, if such
judge refuses leave, within a further 14 days from the date of such
refusal to the Court of Appeal.
(2) So far as is practicable, every application for leave to appeal
shall be made to the judge against whose judgment, direction, order or
decision the appeal is sought.
(3) In any case in which the Court of Appeal may so allow any
such application may be made direct to the Court of Appeal.
(4) On any such application, the judge or the Court of Appeal, as
the case may be, may in his or its discretion grant leave to appeal on
such terms as to costs, payment of money into court, giving security for
the prosecution of the appeal or otherwise as he or it may think fit.
(5) A judge or the Court of Appeal may, at any time, and
notwithstanding that the time for an application for leave to appeal may
have already expired, extend the time for applying for leave to appeal.
(6) Where a judge has exercised his power of review under section
53, the time for applying for leave to appeal shall run from the date of
the determination made upon such review.
(22 of 1962, s. 39, incorporated)
64. (1) On any appeal, the Court of Appeal may draw any inference
of fact and may
(a) order a new trial on such terms as it thinks just; or
(b) order judgment to be entered for any party; or
(c)make a final or other order on such terms as it thinks proper to
ensure the determination on the merits of the real question in
controversy between the parties.
(2) On any appeal, the Court of Appeal may reverse or vary, in
favour of a party seeking to support the judgment or order of the Court
in whole or in part, any determinations made in the Court on questions
of fact, notwithstanding that the appeal is on a point of law only, or any
such determinations on points of law notwithstanding that the appeal is
an appeal on a question of fact only.
(3) On any appeal, the Court of Appeal may receive further
evidence in accordance with the provisions of the Rules of the Supreme
Court. (Amended, 103 of 1970, s. 7)
(22 of 1962, s. 40, incorporated)
65. Subject to the provisions of this Ordinance, every appeal from
the Court to the Court of Appeal shall be brought in such manner and
shall be subject to such conditions as are prescribed by the Rules of
the Supreme Court.
(22 of 1962, s. 41, incorporated. Amended, 103 of 1970, s. 8)
66. (1) An application for a stay of execution on an appeal may be
made at any time and shall, unless the Court of Appeal otherwise
allows, be made in the first instance to a judge of the Court.
(2) Without prejudice to the powers of the Court of Appeal, a
judge, on any such application, may grant a stay of execution on such
terms as to costs, payment of money into court, giving security for the
prosecution of an appeal or otherwise as he shall think fit.
(22 of 1962, s. 42, incorporated)
Miscellaneous
66A. (1) Any person summoned in manner prescribed as a witness
in the Court who
(a)refuses or neglects, without sufficient cause, to appear or to
produce any documents required by the summons to be
produced; or
(b) refuses to be sworn or to give evidence,
shall forfeit such fine not exceeding $5,000, and serve such term of
imprisonment not exceeding 2 years, as the judge may direct:
Provided that no person so summoned shall be punishable under
paragraph (a) unless there has been paid or tendered to him at
the time of service of the summons a reasonable sum in respect of his
expenses, including, in such cases as may be prescribed, compensa-
tion for loss of time.
(2) Any person present in court who is required to give
evidence but refuses to be sworn or to give evidence shall be
punishable as aforesaid
(3) A judge may at his discretion direct that the whole or any
part of any fine paid under this section shall, after deducting the
costs, be applicable towards indemnifying the party injured by the
refusal or neglect without prejudice to the right of the party so
injured to institute-civil proceedings in respect of the injury.
(Added, 59 of 1981, s. 4)
67. In the execution of ajudgment or order for the recovery of
a sum of money, the bailiff shall in the first instance, if practicable,
levy execution on the goods, chattels and effects of the party against
whom it is made and in the event of the bailiff not being able to find
sufficient goods, chattels or effects and of the said party failing to
point out to the bailiff any property whereon to levy, the bailiff shall
enforce the judgment or order by personal arrest and imprisonment.
(22 of 1962, s. 43, incorporated)
68. (1) Where writs have been issued from the High Court
and from the Court or from the Court only, at the suit of different
plaintiffs, against the goods of the same person, the right to the
goods seized shall be determined by the priority of the time of
delivery of the writ to the bailiff to be executed.
(2) The bailiff shall endorse on every such writ the date and
time of the same coming to his hands for execution.
(22 of 1962, s. 44, incorporated)
69. (1) Where a lessor is proceeding by action in the Court
(being an action in which the Court has jurisdiction) to enforce
against a lessee a right of re-entry or forfeiture in respect of any land
for non-payment of rent, the following provisions shall have effect-
(a)if the lessee pays into court not less than 5 clear days before
the return day all the rent in arrear, together with such sum
as would have been payable as rent if there had been no
re-entry or forfeiture, and the costs of the action as
endorsed on the writ, the action shall cease, and the lessee
shall hold the land according to the lease without any new
lease; (Amended, 103 of 1970, s. 9)
(b)if the action does not cease as aforesaid and the Court at
trial, or the Registrar in the case where an application is
made to enter judgment in default of defence, is satisfied
that the lessor is entitled to enforce the right of re-entry or
forfeiture, the Court or the Registrar shall order posses-
sion of the land to be given to the lessor at the expiration of
such period, not being less than 4 weeks from the date of
the order, as the Court or the Registrar thinks fit, unless
within that period the lessee pays into court all the rent in
arrear, together with such sum as would have been payable as
rent if there had been no re-entry or forfeiture, and the costs
of the action as endorsed on the writ or as may be fixed by the
Court or the Registrar; (Replaced, 103 of 1970, s.9)
(c)if within the period specified in the order, the lessee pays into
court all the rent in arrear, together with such sum as would
have been payable as rent if there had been no re-entry or
forfeiture, and the costs of the action, he shall hold the land
according to the lease without any n ew lease, but if the
lessee does not, within the said period, pay into court all the
rent in arrear, together with such sum as would have been
payable as rent if there had been no re-entry or forfeiture, and
the costs of the action, the order shall be enforced in the
prescribed manner, and so long as the order remains
unreversed the lessee shall be barred from all relief. (Amended,
103 of 1970, s. 9)
Provided that, where the lessor is proceeding in the same action
.to enforce a right of re-entry or forfeiture on any other ground as well
as for non-payment of rent, or to enforce any other claim as well as the
right of re-entry or forfeiture and the claim for arrears of rent, paragraph
(a) of this subsection shall not apply, and nothing in this subsection
shall be taken to affect the power of the Court to make any order which
it would otherwise have power to make as respects the right of re-entry
or forfeiture on that other ground.
(2) Where any such action as aforesaid is brought in the Court
and, at the time of the commencement of the action, one half-year's rent
is in arrear and the lessor has a right to re-enter for nonpayment thereof
and no sufficient distress is to be found on the premises counter-vailing
the arrears then due, the service of the summons in the action in the
prescribed manner shall stand in lieu of a demand and re-entry.
(3) Where a lessor has enforced against a lessee, by re-entry
without action, a right of re-entry or forfeiture as respects any land for
non-payment of rent, the lessee may, if the annual rent or the rateable
value determined in accordance with the provisions of the
Rating Ordinance or the net annual value of the land, whichever is
the less, does not exceed $45,000, (at any lime within 6 months from
the date on which the lessee re-entered apply to the Court for relief,
and on any such application the
Court may, if it thinks fit, grant to the lessee such relief as the High
Court could have granted. (Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and
L.N. 387/83)
(4) For the purposes of this section-
(a)'lease' includes an original or derivative under-lease, also an
agreement for a lease where the lessee has become entitled to
have his lease granted, also a grant, securing a rent by
condition but does not include a lease directly from the
Crown;
(b)'lessee' includes an original or derivative under-lessee, and
the persons deriving title under a lessee, also a grantee under
any such grant as aforesaid and the persons deriving title
under him;
(c)'lessor' includes an original or derivative under-lessor and
the persons deriving title under a lessor, also a person making
such grant as aforesaid and the persons deriving title under
him;
(d)'under-lease' includes an agreement for an under-lease where
the under-lessee has become entitled to have his under-lease
granted;
(e)'under-lessee' includes any person deriving title, under an
under-lessee.
(22 of 1962, s. 45, incorporated)
70. The Court shall have the same power to enforce an undertaking
given by a solicitor in relation to any proceedings in that Court as the
High Court has, to enforce an undertaking so given in relation to any
proceedings in the High Court.
(22 of 1962, s. 46, incorporated)
71. (1) No action shall be brought against a judge for any act done
by him in the execution of his duty until the act done by him has been
quashed on appeal to the Court of Appeal or by the Court.
(2) No such action shall be brought in respect of any matter within
the jurisdiction of the judge unless it is expressly alleged that such act
was done maliciously and without reasonable and probable cause and
the burden of proof that the act was so done shall rest with the plaintiff
in such.action.
(3) In any such action in respect of any matter over which by law
the judge had no jurisdiction or in which he exceeded the jurisdiction
conferred on him by this Ordinance or by any other enactment, it shall
be a good defence that the act complained of was not done maliciously
and without reasonable or probable cause and the burden of proof that
the act was not so done shall rest with the judge.
(4) Save under and in accordance with this section no action shall
lie in any civil court against ajudge for any act done in a matter over
which by law he had no jurisdiction or in which he exceeded the
jurisdiction conferred on him by this Ordinance or by any other
enactment.
(22 of 1962, s. 47, incorporated)
72. (1) The Rules Committee may make rules regulating the practice
of the Court in the exercise of its civil jurisdiction and the forms of
proceedings therein and prescribing scales of costs to be paid to
counsel and solicitors and the court fees to be paid in respect of any
such proceedings.
(2) The power to make such civil procedure rules shall extend
to all matters of procedure or practice or matters relating to or
concerning the effect or operation in law of any procedure or
practice in any case within the cognizance of the Court as to which
rules of the Supreme Court have been or might be made for cases
within the cognizance of the Supreme Court and shall include power
to make rules as to proceedings by qf against the Crown.
(3) Without prejudice to the generality of the provisions of
subsections (1) and (2), the power to make civil procedure rules shall
extend to-
(a)providing for the division of the Colony into districts for
the purposes of venue in civil proceedings and delineating
and describing such districts;
(b)prescribing the district in which proceedings are to be
commenced and the procedure to be adopted where pro-
ceedings are commenced in one district which should under
the rules have been commenced in another district;
(c)prescribing the circumstances in which proceedings may be
transferred from one district to another district and the
procedure consequent on any such transfer;
(d) authorizing the Registrar to enter judgment by default;
(e)authorizing a judge to direct that the hearing in proceed-
ings pending in any district shall take place in some other
district;
regulating or providing for any matters which were for-
merly regulated or provided for by the Supreme Court
(Summary Jurisdiction) Ordinance 1873.
(4) Any rule made in accordance with the provisions of this
section may be so made as to modify, with respect to proceedings in
the Court, any rule of law or practice as to the proof of any matter or
as to the reception or admissibility of any matter in evidence.
(5) No rule made in accordance with the provisions of this
section shall apply to any proceedings by or against the Crown
except in so far as it expressly purports so to do.
(22 of 1962, s. 48, incorporated)
73. The Chief Justice may make rules for regulating the deposit,
payment, delivery and transfer in, into and out of the Court of
money, securities and movable property of suitors and the evidence of
such deposit, payment, delivery or transfer, and the investment of and
other dealings with money, securities, and movable property in court,
and the execution of orders of the Court, and the powers and duties of
the Registrar with reference to such money, securities and property,
and, in particular, for doing all or any of the following things-
(a)regulating the placing on and withdrawal from deposit of
money in court, and the payment or crediting of interest on
money placed on deposit;
(b)determining the smallest amount of money on deposit on
which interest is to be credited to an account to which money
placed. on deposit belongs;
(c)determining the time at which money placed on deposit is to
begin and to cease to bear interest and the mode of computing
such interest;
(d)determining the cases in which interest on money placed on
deposit and the dividends on any securities standing in the
name of the Registrar is or are to be placed on deposit.
(Added, 103 of 1970, s. 10)
73A. The amounts mentioned in sections 32,33, 34,35, 36,37, 41, 52
and 69 may be amended by resolution of the Legislative Council.
(Added, 79 of 1981, s. 2)
PART V
CRIMINAL JURISDICTION
74. The Court shall have jurisdiction to hear and determine in
accordance with the provisions of this Ordinance all such charges as
the Attorn 1 ey General may lawfully prefer under the provisions of
section 75 and any such offences as it may deal with pursuant to
section 41 of the Labour Tribunal Ordinance.
(1 of 1953, s. 24, incorporated. Amended, 21 of 1962, s. 13 and
16 of 1972, s. 48)
75. (1) Where a charge or complaint has been transferred to the
Court by a magistrate in accordance with the provisions of Part IV of the
Magistrates Ordinance, the Court shall have jurisdiction and powers
over all proceedings in relation to the offence therein alleged similar to
the jurisdiction and powers the High Court would have had if the
accused person had been committed to that court for trial on indictment,
save that nothing in this section shall be deemed to give jurisdiction to
hear and determine such charge or complaint. (Amended, 21 of 1962, s.
13 and 16 of 1970, Schedule)
(2) Where a charge or complaint has been transferred as aforesaid,
the Attorney General shall, unless he enters a nolle prosequi, deliver to
the Registrar a charge sheet setting forth the charge or charges preferred
in the name of Her Majesty against the accused person. and any such
charge may allege the commission of any indictable offence not included
in any of the categories specified in Part III of the Second Schedule to
the Magistrates Ordinance and any offence triable summarily only,
whether or not the offence was included in the order transferring the
charge or complaint to the Court. (Amended, 16 of 1970, Schedule and
25 of 1972, s. 3)
(3) Such charge sheet shall be delivered within 14 days after the
date of the order of transfer or such longer period as the Court
may, in any particular case, allow on any application made by or on
behalf of the Attorney General. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 25, incorporated)
76. (1) Where a charge or complaint has been transferred as
aforesaid, the Attorney General may, at any time before judgment, enter
a nolle prosequi by informing the Court orally or in writing that the
Crown intends that the proceedings shall not continue, and thereupon
the accused person shall be discharged in respect of the charge for
which the nolle prosequi is entered: (Amended, 21 of 1962s. 13)
Provided that such discharge shall not operate as a bar to any
subsequent proceedings against him on account of the same facts.
(2) Upon the entry of a nolle prosequi under this section, if the
accused person has been committed to prison he shall be released, or
if on bail all recognizances in respect of his person shall be ' e
discharged, and, where the accused person is not before the Court
when such nolle prosequi is entered, the Registrar or other proper
officer of the Court shall forthwith cause notice in writing of the
entry of such nolle prosequi to be given to the officer in charge of the
prison or other place in which the accused person may be detained,
and such notice shall be sufficient authority to discharge the accused
person or, if the accused be not in custody, shall forthwith cause
such notice in writing to be given to the accused person and his
sureties. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 26, incorporated)
77. (1) Every charge sheet shall be signed by a legal officer as
defined in the Legal Officers Ordinance, other than an assistant crown
counsel, and shall bear date on the day on which it is so signed.
(Replaced, 24 of 1976, s. 2)
(2) A charge sheet shall be in the form in the First Schedule with
such additions and modifications as may be necessary to adapt it to the
circumstances of the particular case.
(3) Subject to the provisions of this Ordinance, a charge sheet
shall not be open to objection in respect to its form or contents, if it is
framed in such manner as may be prescribed:
Provided that th e Court may direct that further and better
particulars of any charge shall be delivered. (Amended, 21 of 1962, s.
14)
(4) Every charge sheet, when so signed and dated as aforesaid,
shall be delivered to the Registrar and shall be filed by him in the Court,
and a copy thereof shall be served on the accused person in the
manner hereinafter provided.
(5) Nothing in this section or in section 79 or 87 or in any rules
made under section 87 shall affect the law or practice relating to the
jurisdiction of the Court nor prejudice or diminish in any respect the
obligation to establish by evidence according to law any
act, omission or intention which is legally necessary to constitute the
offence with which the person accused is charged, nor otherwise affect -
the law of evidence in criminal cases. (Amended, 21.of 1962, s. 14)
(1 of 1953, s. 27, incorporated)
78. Where by any enactment there is imposed a limit of time within
which a prosecution for any offence may be commenced, such limit
shall apply in the case of a prosecution for such offence in the Court.
(1 of 1953, s. 28, incorporated. Amended, 21 of 1962, s. 13 and
16 of 1970, Schedule)
79. (1) Subject to the provisions of this Ordinance and as may be
prescribed, the procedure and practice for the time being in force in the
High Court in relation to criminal proceedings therein shall, so far as the
same may be applicable, be followed as nearly as may be in criminal
proceedings in the Court; and where it is necessary for the purpose of
rendering such procedure and practice conveniently applicable,
'indictment' and 'count' shall be understood to refer to 'charge sheet'
and 'charge' respectively. (Amended, 21 of 1962, S. 15)
(2) Notwithstanding the provisions of subsection (1), none of the
provisions of the Criminal Procedure Ordinance in Part I of the Second
Schedule particularized shall be applied to proceedings in the Court.
(Amended, 21 of 1962, s. 15)
(3) The special provisions contained in Part II of the Second
Schedule touching the procedure and practice of the Court in the
exercise of its criminal jurisdiction shall be applied to criminal
proceedings in the Court where the circumstances of such proceedings
require their application. (Amended, 21 of 1962, s. 15)
(4) Where any provision of the Criminal Procedure Ordinance is
applicable to criminal proceedings in the Court, such provision shall be
read with such verbal alterations and modifications not affecting its
substance as are necessary to render it conveniently applicable; and in
particular, and without prejudice to the generality of the aforesaid, any
such provision relating to a jury or a 'verdict of ajury' shall be
understood to refer to ajudge and the functions of a judge as a judge of
fact. (Amended, 21 of 1962, s. 15 and 63 of 1971, s. 13)
(5) Nothing in this section shall be taken to authorize-
(a)the institution of any criminal proceedings in the Court save in
accordance with the express provisions of this Part; or
(Amended, 21 of 1962, s. 15)
(b)trial by jury in any criminal proceedings instituted under the
provisions of this Part.
(1 of 1953, s. 29, incorporated)
79A. (1) Where an accused person is a corporation, a plea in
writing may be entered by its representative, and if either the
corporation does not appear by a representative or, though it does
so appear, fails to enter any plea, the Court shall order a plea of not
guilty to be entered and the trial shall proceed as though the
corporation had duly entered a plea of not guilty.
(2) In this section, 'representative' means a person duly
appointed by a corporation to represent it for the purpose of doing
any act or thing which the representative of a corporation is by this
section authorized to do, but a person shall not, by virtue only of
being so appointed, be qualified to act on behalf of the corporation
before any court for any other purpose. A representative for the
purposes of this section need not be appointed under the seal of the
corporation, and a statement in writing purporting to be signed by a
managing director of the corporation, or by any person (by what-
ever name called) having, or being one of the persons having, the
management of the affairs of the corporation, to the effect that the
person named in the statement has been appointed as the representa-
tive of the corporation for the purposes of this section shall be
admissible without further proof as prima facie evidence that the
person has been so appointed.
(Added, 24 of 1976, s. 3)
80. Before pronouncing judgment, a judge shall record his
verdict and, at the same time or so soon thereafter as may be, shall
also place on record a short statement of the reasons for the verdict.
(1 of 1953, s. 30, incorporated. Amended, 21 of 1962, s. 16)
81. (1) Where an accused person is convicted of an offence,
the Court may, on the application of the person convicted and with
the consent of the prosecution, in passing sentence on such person
take into consideration any other offence of a similar nature which
the convicted person admits having committed and which he desires
the Court to deal with.
(2) Under subsection (1) the Court may take into consideration
any indictable offence not included in any of the categories specified
in Part III of the Second Schedule to the Magistrates Ordinance and,
notwithstanding the provisions of this or any other Ordinance, any
offence triable summarily only.
(Added, 25 of 1972, s. 4)
82. (1) Where the Court sentences any person to undergo a
term of imprisonment for an offence, and such person is already
undergoing, or is at the same time sentenced to undergo, imprison-
ment for another offence, it shall be lawful for the Court to direct
that such imprisonment shall commence at the expiration of the
term of imprisonment which such person is then undergoing or has
been so previously sentenced to undergo as aforesaid. (Amended,
21 of 1962, S. 13)
(2) Notwithstanding the provisions of any enactment in force at the
commencement of this Ordinance and notwithstanding that proceedings
have not been taken by may of indictment, the Court may impose any
penalty and make any order provided by law for or in connexion with
any offence of which it has cognizance: (Amended, 21 of 1962, s. 13)
Provided that
(a)no sentence of imprisonment passed by the Court shall exceed
7 years in respect of one offence and where 2 or more
consecutive terms of imprisonment are imposed by the Court
under subsection (1), the aggregate of the said terms of
imprisonment shall not exceed 7 years; and (Amended, 21 of
1962, s. 13 and 43 of 1973, s. 2)
(b)any term of imprisonment imposed in default of payment of a
fine shall not exceed 1 year. (Amended, 25 of 1972, s. 5)
(3) Where the Court has authority to impose imprisonment for any
offence, and has not authority to impose a fine therefor, the Court may,
if it thinks fit, impose a fine in lieu of imprisonment: (Amended, 21
of.1962, s. 13)
Provided that
(a)no term of imprisonment imposed in defau It of payment of a
fine shall exceed the term to which the offender would be liable
for the offence of which he stands convicted; and (Amended,
25 of 1972, s. 5)
(b)no such term of imprisonment shall in any event exceed 1 year.
(4) The Court may, where it imposes a term of imprisonment on a
person in default of payment of a fine, order that it shall not begin to run
until the expiration of any other term of imprisonment to which that
person has been sentenced, and for this purpose the Court may make a
direction under subsection (1) notwithstanding that the aggregate of the
terms of imprisonment exceeds the maximum period of 7 years which the
Court has power to impose under proviso (a) to subsection (2). (Added,
25 of 1972, s. 5. Amended, 43 of 1973, s. 2)
(5) Where by any enactment the High Court is empowered to
impose any punishment upon, or to do any other act or thing in relation
to, a person who has been convicted on indictment of an offence,,-the
Court shall, subject to the provisions of this section, have like powers in
relation to a person convicted of such offence under the provisions of
this Part. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 31, incorporated)
83. Sections 80 to 83Y inclusive of the Criminal Procedure
Ordinance shall apply to-criminal proceedings in the Court with such
verbal alterations and modifications not affecting the substance thereof
as may be necessary to render the same conveniently
applicable, and, in particular, any reference to 'indictment' shall be
understood to refer to a charge sheet, and any reference to 'jury'
shall be understood to refer to ajudge as ajudge of fact.
(1 of 1953, s. 32, incorporated. Amended, 21 of 1962, s. 17
and 34 of 1972, s. 22)
84. An appeal shall lie at the suit of the Attorney General to
the Court of Appeal against a verdict or order of acquittal, which
shall include any order quashing or dismissing a charge for any
alleged defect therein or want of jurisdiction. Such an appeal shall
relate to matters of law only and the following procedure shall
apply thereto-
(a)within 7 clear days after the reasons for a verdict have been
recorded or after the order of acquittal, or within such
further period as a judge of the Supreme Court may,
whether before or after the expiration of such period,
allow, an application may be made in writing to the judge
to state a case setting forth the facts and the grounds on
which the verdict or order was arrived at or made and the
grounds on which the proceeding is questioned for the
opinion of the Court of Appeal; and the provisions of
sections 106 to 109 inclusive of the Magistrates Ordinance
shall apply, mutatis mutandis, to the preparation, amend-
ment and setting down of such case stated;
(b)following such application a judge of the Supreme Court
may, on application being made to him in Chambers, issue
a warrant addressed to police officers directing that the
respondent be arrested and brought before him, and may
commit the respondent to prison pending the disposal of
the appeal or admit him to bail;
(c)at the hearing of the appeal, whether or not the respondent
appears, the Court of Appeal shall-
(i) if it is satisfied that there is no sufficient ground for
interfering, dismiss the appeal; or
(ii) reverse the verdict or order and direct that the trial
be resumed or that the accused be retried as the case may
be, or find him guilty, record a conviction and pass such
sentence on him as might have been passed on him by a
judge;and
(iii) give all such necessary and consequential directions
as it shall think fit.
(Added, 31 of 1962, s. 2)
85. Sections 89, 90 and 91 of the Criminal Procedure Ordi-
nance shall apply to proceedings in the Court with such verbal
alterations and modifications not affecting the substance thereof as
may be necessary to render the same conveniently applicable.
(Replaced, 5 of 1971, s. 13)
86. The Court shall have all the powers conferred upon the
High Court by sections 102 to 106 inclusive of the Criminal Procedure
Ordinance.
(1 of 1953, s. 34, incorporated. Amended, 21 of 1962, s. 13)
87. The Rules Committee may make rules touching the proce-
dure and practice of the Court in the exercise of its criminal
jurisdiction and such rules may provide for- (Amended, 21 of
1962,s. 18)
(a)forms to be used in the Court, including in relation to
charge sheets all such matters as may be prescribed in
relation to indictments by rules made under section 9 of the
Criminal Procedure Ordinance;
(b)the times at or within which documents must be filed in the
Court or notices delivered to or served on the Court or any
person;
(c)the functions in relation to criminal proceedings in tRe
Court of the various officers of the Court;
(d)the manner in which the right of audience shall be enjoyed
and used, the order of addresses, and the form and practice
of advocacy in the Court;
(e)the assigning of counsel and solicitors for the defence of
paupers, and the fees and costs to be allowed therefor; and
generally, the better carrying into effect of the provisions of
this Part.
(1 of 1953, s. 36, incorporated)
88. Nothing in this Ordinance shall affect Her Majesty's pre-
rogative of mercy or any prerogative of mercy vested in the
Governor.
(1 of 1953, s. 37, incorporated)
89. For the purposes of any action for false or unlawful
imprisonment, any imprisonment authorized or purportedly author-
ized under a writ of fieri facias sealed by the Registrar before the
commencement* of the Debtors (Arrest and Imprisonment) Ordi-
nance 1984 shall not be unlawful for the reason only that the
imprisonment was not ordered by the Court.
(1 of 1984, s. 11, incorporated)
90. The Debtors (Arrest and Imprisonment) Ordinance 1984
shall have effect in any proceedings for the arrest or imprisonment
of a judgment debtor or a person against whom a claim is made that
are pending in the Court at the commencement* of that Ordinance.
(1 of 1984, s. 12(1), incorporated)
FIRST SCHEDULE [s. 77.]
FORM OF CHARGE SHEET
IN THE DISTRICT COURT OF HONG KONG
HOLDEN AT
The Queen
against
A. B.
The court is informed that the following charges are preferred against
A. B. by the Attorney General.
Statement of Offence.
Particulars of Offence.
Dated this day of ' 19
(Signed) ..................................................................
Crown Counsel
for and on behalf of the Attorney General.
And if there are more charges than one, then the various charges shall be set out
as follows-
(Begin as above), that the following charges are preferred against
A. B. by the Attorney General.
First Charge.
Statement of Offence.
Particulars of Offence.
Second Charge.
Statement of Offence.
Particulars of Offence.
etc. etc.
Dated this day of
(Signed) ..................................................................
Crown Counsel
for and on behalfof the Attorney General.
SECOND SCHEDULE [s. 79(2).]
PART I
PROVISIONS OF THE CRIMINAL PROCEDURE ORDINANCE NOT APPLICABLE
TO THE PROCEDURE AND PRACTICE OF THE DiSTRICT COURT
IN ITS CRIMINAL JURISDICTION
Criminal Procedure Ordinance, sections 9, 10, 11, 12, 14, 15, 17, 27, 33, 41, 42, 49, 50,
52, 53, 68, 71, 77, 85, 86, 88, 115, 118, 119 and 120 and the First Schedule.
(Amended, 5 of 1971, s. 13; 25 of 1972, s. 7 and 59 of 1981, s. 4)
PART II [s. 79(3).]
SPECIAL PROVISIONS TOUCHING THE PROCEDURE AND PRACTICE OF
THE DiSTRICT COURT IN ITS CRIMINAL JURISDICTION
1. (1) The accused person shall be placed at the bar unfettered and not in
prison clothes, unless the Court sees fit to direct otherwise.
(2) The charge shall then be read over to him and explained, if necessary, and
he shall be required to plead thereto in person, unless he objects to the want of due
service of the charge sheet, and the Court finds that he has not been duly served
therewith.
(Amended, 5 of 1971, s. 13)
2. (1) Where a charge sheet contains a charge alleging that the accused person
has been previously convicted, he shall not be called upon to answer that allegation
save after he has been convicted upon a charge alleging a substantive ofrence.
(2) Upon conviction of an accused person as aforesaid, the Court shall, unless
the accused person admits the allegation that he has been previously convicted,
proceed to determine whether or not he has been so previously convicted.
3. (1) No objection to a charge shall be taken by way of demurrer, but if a charge
does not state, in substance, an ofrence or states an offence not triable by the
Court, the accused person may move the Court to quash it or in arrest of judgment.
(2) If such motion is made before the accused person pleads, the Court may
dismiss the charge or amend it.
(3) If a defect in a charge appears to the Court during the trial, and the Court
does not then think fit to amend the charge it may either quash the charge or leave
the objection to be taken thereafter in arrest of judgment.
(4) If a charge is quashed under the provisions of this paragraph, the Court
may direct the accused person to be detained in custody or to be released on bail
for a period not exceeding 14 days thereafter, and may order him to plead to
another charge if called on to do so within that same period.
Originally 1 of 1953. 22 of 1962. 59 of 1956. 18 of 1858. 21 of 1959. 21 of 1962. 31 of 1962. 20 of 1963. 34 of 1964. 31 of 1965. 38 of 1965. 35 of 1966. 46 of 1967. 6 of 1970. 11 of 1970. 16 of 1970. 100 of 1970. 103 of 1970. 5 of 1971. 63 of 1971. 71 of 1971. 16 of 1972. 20 of 1972. 25 of 1972. 34 of 1972. 14 of 1973. 43 of 1973. 68 of 1973. 2 of 1974. 79 of 1975 . 92 of 1975. 24 of 1976. 6 of 1976. 59 of 1981. 79 of 1981. 24 of 1983. 49 of 1983. L.N. 387/83. 1 of 1984. G.N.A. 28/53. Short title. Interpretation. Establishment of the District Court of Hong Kong, and general jurisdiction thereof. Constitution of the District Court. (Cap. 11.) Qualifications for appointment as a District Judge. (Cap. 227.) (Cap. 87.) (Cap. 100.) (Cap. 91.) Proceedings to be disposed of by a judge sitting alone. Deputy District Judges. Powers of a deputy District Judge. Jurisdiction in part-heard cases of magistrates appointed to be judges. Jurisdiction in part-heard cases of judges appointed to be Supreme Court Judges or High Court deputy judges. (Cap. 4.) Judges to be justices of the peace ex officio. Distribution and disposal of business of the Court. Seal of the Court. Officer of the Court. (Cap. 4.) Right of audience. Prohibition of proceedings in error. District Court Rules Committee. Transfer of unclaimed moneys in Court. Committal for contempt. Summary punishment for perjury. Enforcement of liability for fees. Enforcement of fines. Enforcement of orders and warrants for imprisonment. Registrar to take charge of fees, etc. Officer illegally demanding fees. Falsely pretending to act under authority of the Court. Falsely representing documents to have been issued from the Court. Rescuing goods. Assaulting officers. Revocation of committal order. General jurisdiction in actions of contract and tort. Money recoverable by enactment. Abandonment of part claim to give court jurisdiction. Jurisdiction for recovery of land. (Cap. 7.) (Cap. 116.) Jurisdiction where title in question. (Cap. 116.) Equity jurisdiction. (Cap. 253.) (Cap. 116.) Exclusion of actions within jurisdiction of Small Claims tribunal. (Cap. 338.) Jurisdiction as to counterclaim. (Cap. 4, sub. leg.) Procedure where proceedings beyond jurisdiction are commenced in the Court. Transfer to Court from High Court of proceedings within jurisdiction of the Court. Transfer of interpleader proceedings from High Court to Court. Interpleader generally. Costs in transferred cases, etc. Procedure on transfer. (Cap. 300.) Division of causes of action. Infancy no defence. Venue. General ancillary jurisdiction. Interest on claims for debt and damages. 1969 c. 58, s. 22. Interest on judgements. Ancillary powers of judge. Extension of jurisdiction to grant injunctions and to make declarations. (Cap. 116.) Attachment of debts. [cf. 1959 c. 22, s. 143.] (Cap. 336, sub. leg.) No arrest or imprisonment without order. Prohibition on debtor leaving Hong Kong. (Cap. 4, sub. leg.) (Cap. 1.) Review of judgments and orders. Trustees and personal representatives. Claims by employees for wages. Person s jointly liable. Bankruptcy of plaintiff. Assessors. Examination of witnesses abroad. (Cap. 4, sub. leg.) Oral and written judgments, etc. Proceedings not to be set aside for want of form. Death or absence of judge before conclusion of trial. Appeal to Court of Appeal. Powers of Court of Appeal on appeal. (Cap. 4, sub. Leg.) Procedure on appeal. Stay of execution on appeal. Penalty for neglect of witness summons. Levy on goods, etc. in first instance. Priority of High Court and court executions. Provisions as to forfeiture for non-payment of rent. (Cap. 116.) Solicitors. Protection of judges. Civil Procedure Rules. (14 of 1873.) Suitors Fund Rules. Amendment of limits of jurisdiction. Criminal jurisdiction. (Cap. 25.) Procedure upon transfer of charge or complaint. (Cap. 227.) (Cap. 227.) Nolle prosequi. Signing and form of charge sheet. (Cap. 87.) First Schedule. Limitation on prosecutions. Procedure and practice of the Court in its criminal jurisdiction. (Cap. 221.) Second Schedule. Second Schedule. Plea by corporation. Verdict. Court may take into consideration outstanding offences on application o accused and consent of prosecution. (Cap. 227.) Penalties. Appeals. (Cap. 221.) Appeal by way of case stated. (Cap. 227.) Aiders and abettors. (Cap. 221.) Seizure of property. (Cap. 221.) Criminal Procedure Rules. (Cap. 221.) Saving of prerogative of mercy. No action for false imprisonment. (1 of 1984.) [*13.1.1984.] Transitional. (1 of 1984.) [*13.1.1984.] (Cap. 221.) Plea. Charge sheet containing charge of previous conviction. Objection of substance to charge.
Abstract
Originally 1 of 1953. 22 of 1962. 59 of 1956. 18 of 1858. 21 of 1959. 21 of 1962. 31 of 1962. 20 of 1963. 34 of 1964. 31 of 1965. 38 of 1965. 35 of 1966. 46 of 1967. 6 of 1970. 11 of 1970. 16 of 1970. 100 of 1970. 103 of 1970. 5 of 1971. 63 of 1971. 71 of 1971. 16 of 1972. 20 of 1972. 25 of 1972. 34 of 1972. 14 of 1973. 43 of 1973. 68 of 1973. 2 of 1974. 79 of 1975 . 92 of 1975. 24 of 1976. 6 of 1976. 59 of 1981. 79 of 1981. 24 of 1983. 49 of 1983. L.N. 387/83. 1 of 1984. G.N.A. 28/53. Short title. Interpretation. Establishment of the District Court of Hong Kong, and general jurisdiction thereof. Constitution of the District Court. (Cap. 11.) Qualifications for appointment as a District Judge. (Cap. 227.) (Cap. 87.) (Cap. 100.) (Cap. 91.) Proceedings to be disposed of by a judge sitting alone. Deputy District Judges. Powers of a deputy District Judge. Jurisdiction in part-heard cases of magistrates appointed to be judges. Jurisdiction in part-heard cases of judges appointed to be Supreme Court Judges or High Court deputy judges. (Cap. 4.) Judges to be justices of the peace ex officio. Distribution and disposal of business of the Court. Seal of the Court. Officer of the Court. (Cap. 4.) Right of audience. Prohibition of proceedings in error. District Court Rules Committee. Transfer of unclaimed moneys in Court. Committal for contempt. Summary punishment for perjury. Enforcement of liability for fees. Enforcement of fines. Enforcement of orders and warrants for imprisonment. Registrar to take charge of fees, etc. Officer illegally demanding fees. Falsely pretending to act under authority of the Court. Falsely representing documents to have been issued from the Court. Rescuing goods. Assaulting officers. Revocation of committal order. General jurisdiction in actions of contract and tort. Money recoverable by enactment. Abandonment of part claim to give court jurisdiction. Jurisdiction for recovery of land. (Cap. 7.) (Cap. 116.) Jurisdiction where title in question. (Cap. 116.) Equity jurisdiction. (Cap. 253.) (Cap. 116.) Exclusion of actions within jurisdiction of Small Claims tribunal. (Cap. 338.) Jurisdiction as to counterclaim. (Cap. 4, sub. leg.) Procedure where proceedings beyond jurisdiction are commenced in the Court. Transfer to Court from High Court of proceedings within jurisdiction of the Court. Transfer of interpleader proceedings from High Court to Court. Interpleader generally. Costs in transferred cases, etc. Procedure on transfer. (Cap. 300.) Division of causes of action. Infancy no defence. Venue. General ancillary jurisdiction. Interest on claims for debt and damages. 1969 c. 58, s. 22. Interest on judgements. Ancillary powers of judge. Extension of jurisdiction to grant injunctions and to make declarations. (Cap. 116.) Attachment of debts. [cf. 1959 c. 22, s. 143.] (Cap. 336, sub. leg.) No arrest or imprisonment without order. Prohibition on debtor leaving Hong Kong. (Cap. 4, sub. leg.) (Cap. 1.) Review of judgments and orders. Trustees and personal representatives. Claims by employees for wages. Person s jointly liable. Bankruptcy of plaintiff. Assessors. Examination of witnesses abroad. (Cap. 4, sub. leg.) Oral and written judgments, etc. Proceedings not to be set aside for want of form. Death or absence of judge before conclusion of trial. Appeal to Court of Appeal. Powers of Court of Appeal on appeal. (Cap. 4, sub. Leg.) Procedure on appeal. Stay of execution on appeal. Penalty for neglect of witness summons. Levy on goods, etc. in first instance. Priority of High Court and court executions. Provisions as to forfeiture for non-payment of rent. (Cap. 116.) Solicitors. Protection of judges. Civil Procedure Rules. (14 of 1873.) Suitors Fund Rules. Amendment of limits of jurisdiction. Criminal jurisdiction. (Cap. 25.) Procedure upon transfer of charge or complaint. (Cap. 227.) (Cap. 227.) Nolle prosequi. Signing and form of charge sheet. (Cap. 87.) First Schedule. Limitation on prosecutions. Procedure and practice of the Court in its criminal jurisdiction. (Cap. 221.) Second Schedule. Second Schedule. Plea by corporation. Verdict. Court may take into consideration outstanding offences on application o accused and consent of prosecution. (Cap. 227.) Penalties. Appeals. (Cap. 221.) Appeal by way of case stated. (Cap. 227.) Aiders and abettors. (Cap. 221.) Seizure of property. (Cap. 221.) Criminal Procedure Rules. (Cap. 221.) Saving of prerogative of mercy. No action for false imprisonment. (1 of 1984.) [*13.1.1984.] Transitional. (1 of 1984.) [*13.1.1984.] (Cap. 221.) Plea. Charge sheet containing charge of previous conviction. Objection of substance to charge.
Identifier
https://oelawhk.lib.hku.hk/items/show/3270
Edition
1964
Volume
v22
Subsequent Cap No.
336
Number of Pages
45
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DISTRICT COURT ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 27, 2024, https://oelawhk.lib.hku.hk/items/show/3270.
