SUPREME COURT ORDINANCE

SUPREME COURT ORDINANCE

Supreme Court.

No. 2 of 1846.

An Ordinance to amend Ordinance No. 6 of 1845, entitled 'An Ordinance
to repeal Ordinance No. 15 of 1844, for the Establishment of a Supreme
Court of Judicature at Hongkong, and to substitute other Provisions
in lieu thereof.'
[6th May, 1846.]

WHEREAS it is expedient to amend the said Ordinance No, 6 of 1815, by
making Preamble.
provisions for the saving of all proceedings and all suits formerly
depending
in the Court of Hongkong, the abolition of which Court is effected by the
second
,section of the said ordinance; as also with reference to the fourth
section of_ the said
ordinance, by limiting the , operation, in this, Colony, of the ,laws of
England and
the practice of the Eauglih .(ourts to such laws and practice as existed
when a local
legislature wasF first conferred on the said Colony: And whereas also it
is' deemed
advisable to reserve to the Legislative Council of the said Island, the
power of revising
and approving of the rules and orders to be made under the twenty-third
section o£ the

said Ordinance No. 6 of 1845, before the same shall become binding; and
to repeal
the twenty-ninth section of the said ordinance, constituting a local
Court of error
and appeal:

1. Be it therefore -enacted anal ordained by His Excellency the Governor
of
liongkong with the advice of the Legislative Council thereof, that from
and after the
passing of this Ordinance, the said twenty-ninth section of Ordinance No.
6 of 1845
shall be, and is hereby repealed,

2. And be it further enacted and -ordained, that all proceedings formerly
P6roceedi1ngs
commenced in or adopted under the said former Court of Hongkong, and
that. all suits Ksaoe

r court,

and matters (if. any) which may have been pending at the date of its
abolition, may be
continued or revived in the said Supreme Court.
Ordinance No. 2 of 1846.

Supreme Court.

3. And be it further enacted and ordained, that from
henceforth such of the laws
in force on the
6th day of April, of England only, and such portion of the practice of the
English Courts, (subject to the
1343, to be in
c Tony hen In the exception of their applicability as contained in the
said fourth section of Ordinance

(
Colony applicableNo m No. 6 of 1845,) as existed when the said Colony
obtained a local legislature-that is to
q/ 1886 a. i.) say, on the fifth day of April, one thousand eight hundred
and forty-three-shall be of
force therein.
Rules and orders 4. And be it further enacted and ordained, that no future
rule or order of the
of Court to be
subject to appro. said Supreme Court, made in pursuance of the
twenty-third section of the said
val of Council,
and tobepnbnah Ordinance No. 6 of 1845, shall be deemed binding until the
same shall be revised and
ed.
approved of by the Legislative Council of the said Island; and that all
such roles,
immediately after such approval, shall be published in one or more of the
newspapers
published within the said Colony.

Persons Impri-
soned for debt
may apply to
the Supreme
Court In a aum-
way for

Tdme df ~0t9tfon.
irig. `

what span be
stated in the
petition.

[Repealed by Ordinance No. 12 of 1872.]
178

Title.
Preamble.
29th sectionof Ordinance No. 6 of 1845 repealed.
Proceedings pending in former Court saved. 174

Laws of England in force on the 5th day of April, 1843, to be in force in the Colony when applicable. [See Ord. No. 11 of 1865 s.1.]
Rules and orders of Court to be subject to approval of Council, and to be published.

178

Title.
Preamble.
29th sectionof Ordinance No. 6 of 1845 repealed.
Proceedings pending in former Court saved. 174

Laws of England in force on the 5th day of April, 1843, to be in force in the Colony when applicable. [See Ord. No. 11 of 1865 s.1.]
Rules and orders of Court to be subject to approval of Council, and to be published.

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No. 2 of 1846

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