SUPREME COURT ORDINANCE, 1873
Title
SUPREME COURT ORDINANCE, 1873
Description
ORDINANCE No.3 OF 1873.
Supreme Court Ordinance, 1873.
AN ORDIANCE to amend to Constitution of the Supreme Court
of Judicature of the Colony. [13th October, 1873]
WHEREAS it is expedient to amend the constitution of the Supreme
Cosrt of Judicature of the Colony by providing for the appoint-
ment of a Pusine Judge in addition to the Chief Justice of the said
Court:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follow:-
1 This Ordinance may be cited as the Supreme Court Ordinance,
1873.
2 In this Ordinance, unless the contxt otherwise requires,-
'The Supreme Court' means the Supreme Court of the Colony
heretofore established by law and reconstituted by this Ordinance;
'The Court' means the Supreme Court and includes the Chief Jus-
tice and the Puisn Judge of the Supreme Court, sitting together
or separately, in Cort or in Chambers;
'The Full Court' means the Chief Justice and the Puisne Judge
sitting together.
Reconstitution of the court.
3 The Supreme Court heretofore established by law shall continure to
exist as reconstituted by this Ordinance, and shall be as heretofore a Court of Record and the Supreme Court of Judicature of the Colony.
4. The Supreme court shall continue to use the same Seal as hereto-
fore, that is to say, a Seal bearing a device and impression of the Royal
Arms, within a nexergue or label surrounding the same, with this inscrip-
tion, 'The Seal of the Supreme Court of Hongkong,' and all writs and
other process issuing out of the Court shall be sealed therewith.
Law and Practice of the Court.
5. Such of the laws of England as existed when the Colony obtained
a local Legislature, that is to say, on the 5th day of April, 1843, shall be
in force in the Colony, except so far as the said laws are inapplicaable to
the local circumstances of the Colony or of its inhabitants.
6. Such portions of the practice of the English Courts as existed on
the said 5th day of April, 1843, shall be in force in the Colony, subject
to the same exception as to their applicability as is contained in the last
preceding section in relation to the laws of England, and except so far as
such practice may be repealed or suspended by any Ordinance for the
time being in force in the Colony relating to practice and procedure.
Jurisdiction of the Court.
7. The Supreme Court shall have the same jurisdcition in the Colony
as Her Majesty's Courts of Queen's Bench, Common Pleas, and Ex-
chequer lawfully have in England, and shall be a Court of Oyer and
Terminer and Gaol Delivery, Assize, and Nisi Prius.
8. The Supreme Court shall be a Court of Equity, with such and the
like jurisdiction as the Court of Chancery has in England; and shall
have and execute all and singular the powers and authorities of the Lord
High Chancellor of England, with full liberty to appoint and control
guardians of infants and their estates, and also keepers of the persons
and estates of idiots, lunatics, and such as, being of unsound mind, are
unable to govern themselves and their estates.
Judges of the court.
9-(1) From and after the commencement of this Ordinance, the
Supreme Court shall consist of and be holden by and before a Chief
Justice and a Puisn Judge.
(2) Every future Chief Justice and evry Puisne Judge shall be
appointed from time to time by Letters Patent under the Public Seal of
the colony, by the Governor, in accordance with such instructions as he
may receive through one of Her Majesty's Principal Secretaries of State.
(3) The said Judges shall respectively hold their offices during the
pleasure of Her Majesty, subject to suspension by the Governor in like
manner as other officers in the Colony.
10-(1) In case the office of either of the Judges of the Supreme
Court becomes vacant by death or otherwise, it shall be lawful for the
Governor to appoint another fit and proper person to fill the said office
until Her Majesty's pleasure is know.
(2) In case of the timporary illness or absence of either of the said
Judges, it shall be lawful for the Governor, in his discretion, to appoint
a fit and proper person to fill the office of such Judge until he resumes
the duties thereof: Provided always that, until any appointment is made
under this section, the whole business of the court, except the hearing
of appeals and other matters required to be heard before the Full Court,
shall devolve upon and be transacted by the remaining or continuing
Judge.
11 No Judge of the Supreme Court shall be capable of accepting,
taking, or performing any other office or place of profit or emolument
not authorized by law, on pain that the acceptance of any such other
office or place as aforesaid shall be and be deemed in law de facto an
avoidance of his office of Judge, and the salary thereof shall cease, and
be deemed to have ceased accordingly, from the time of such acceptance
of such other office or place.
12 In all cases in which, by any law in force within the Colony, any
judicial or other act is directed or authorized to be performed by the
Chief Justice, such act may be performed by the Puisne Jude, and if
so performed shall, subject to the provisions of section 23, be as valid to
all intents and purposes as if the same had been performed by the Chief
Justice.
Officers of the Court.
13-(1) There shall be and belong to the Supreme Court the follow-
ing officers, that is to say, a Registrar, two Deputy Registrars, two clerks
of the Cour, and such and so many clerks, interpreters, and other officers
as to the Governor may from time to time appear to be necessary for
the administration of justice and the due execution of all the powers and
authorities which are granted and committed to the Court by this
Ordinance.
(2) The Governor may from time to time appoint one or more Bailiffs
of the Superme Court, and may also from time to time approve of the
appointment by any such Bailiff of a Deputy bailiff.
(3) Each Bailiff may, however, act as the deputy of another and
execute any process of the Court, although it may have been directed
personally to some other Bailiff.
14 The several superior officers of the Court who may be appointed to
their offices by Her Majesty, her heirs and successors, shall hold their
several offices during the pleasure of Her Majesty, subject to suspension
by the Governor in like manner as other officers in the Colony; and all
other officers of the Court shall be removable from their several offices
by the Governor, for reasonable cause.
15 No actin shall be brought against the Registrar or any Deputy
Registrar for any act done or omitted to be done by any Bailiff or
Deputy Bailiff without directions from such Registrar or Deputy Regis-
trar, nor shall any actin be brought against the Registrar or any
Deputy Registrar for any directions given to a Bailiff with regard to the
execution or non-execution of process if such directions are in accordance
with an order obtained from the Court as hereinafter mentioned: Provid-
ed always that no material fact is wilfully misrepresented or suppressed
by such Registrar or Deputy Registrar in obtaining such order.
16 the Registrar or any Deputy Registrar may, in case of doubt or
difficulty, apply summarily to the Court for an order for the direction
and guidance of a Bailiff, and the court may make such order in the
matter as may seem just and reasonable.
17 No officer of the Court shall directly or indirectly ask or receive
any fee or gratuity, not authorized by law, in respect of any of he
duties of his office.
18 If any officer of the Court, acting under colour of the process of
the Court, is charged with misconduct or with any wrongful act or
neglect in the discharge of the duties of his office, the Court may inquire
into the matter in a summary way on such evidence as may appear
reasonable, and for that purpose may summon and enforce the attendance
of all necessary parties and witnesses in like manner as the attendance
of withnesses in other cases may be enforced, and may make such order
for the payment of all damages and costs that may have been caused by
any such act or neglect as it thinks just, and impose such fine upon the
officer as it may deem adeuate; and, in default of payment of any
money so ordered to be paid, payment of the same may be enforced as a
judgment recovered in the Court: Provided always that this provision
shall not take away any right of action for damages against any officer,
but no action shall be commenced or continued for any act or omission
of such officer after Court has ordered compensation to be apid in
respect of it under this section.
19-(1) Whenever an action is brought against any officer of the
Court for any act done or omitted to be done in the execution of his
duties, and a verdict or judgmetn is given for the plaintiff in such action, the plaintiff shall not have cost against the defendant unless th Judge
certifies his approval of the action and verdict or, when the trial is had
without a jury, of the acion only.
(2) If a verdict or judgment isgven for the defendant or the plain-
tiff becomes nonsuit or discontinues the action after issue joined, or if,
on demurrer or otherwise, judgment is given against the plaintiff, the
defendant shall recover his full costs, and shall have the like remedy for
the same as any defendant has by law for costs in other cases.
20-(1) no such action shall be brought except within three months
after the act of commission or omisssion complianed of.
(2) Notice in writing of evry such action and of the cause thereof
shall be given to the intended defendant one month at least before the
commencement of the action.
(3) The plaintiff shall not recover if tender of sufficient amends is
made before an action is commenced, or if, after an action ahs been com-
menced, a sufficient sum of money is paid into Court by or on behalf of
the defendant, and the defendant undertakes to pay costs when taxed.
Place of Sitting.
21 The court shall hold its sittings in the present Supreme Court
building or in such other place as the Governor may from time to time
appoint.
Business of the Court.
22 The Chief Justice shall regulate the distribution of business in
the Court, and all actions and other proceedings whatsoever, except
appeals, may in the first instance be heard before either of the two
Judges sitting alone, unless the Chief Justice directs that the same shall
be heard before the Full Court.
23 There shall be an appeal as of right from every decision of one
of the Judges sitting alone on the trial of any action or other proceeding
(other than a criminal trial), and every appeal from such decision or
from the decision of any Magistrate, and eery quesiton of law reserved
for further consideration on any such criminal trial, shall be heard be-
fore the Full Court.
24 Whenever the Full Court sits under the provisins of the last
preceding section or for the trial and dterminatin i nthe first instance
of any action or othe proceeding whatsoever, and there is a difference
of opinion between the two Judges, the chief Justice shall have a double
or casting vote. Execution of Process.
25 the Registrar shall direct the process of the Court to be executed
by such of the bailiffs of the Court as he may from time to time think
fit.
26 in any case where process is awarded by the Court against any
officer of the Court, such process may be issued, directed, or executed
by any other officer of the Court as the Court may direct.
27 each Bailiff shall serve and execute all process of th court
undr the directions of the Registrar, and make a return of the same,
together with the manner of the execution thereof, to the Court, and
shall arrrest and convey to prison all such persons as may be committed
to his custody by order of the Court.
28 no action shall be brought against a Bailiff for anything done or
omitted to be done by him whilst acting under the directions in writing
of the Registrar or of a Deputy Registrar of the Court or in pursuance
of any order made or given by the Court as hereinbefore mentioned:
Provided always that such Bailiff does not wilfully misrepresent or
suppress any material fact in obtaining any such directions from such
Registrar or Deputy Registrar.
Miscellaneous Provisions.
29 it shall and may be lawful to and for the presiding Judge in any
proceeding in the Court, whether of a civil or criminal nature, to order
and allow to all persons examined or detained as witnesses in any such
proceeding such sum or sums of money as may seem fit, as well for
defraying the reasonable expenses of such witnessses as for affording
them a reasonable compensation for their trouble and loss of time.
30 if any person served with a subpoena to attend the Court as a
witness in any action or suit therein, or on the trial of any indictment or
information, refuses or neglects to attend the Court pursuant to such
subpoena, or if any person is guilty of any contempt before the Court, it
shall be lawful for the presiding Judge to punish such person in a
summary way, by fine not exceeding one hundred dollars or by impri-
sonment for any term not exceeding two months: Provided that nothing
herein contained shall affect or abridge the right of any plaintiff or
defenant to proceed against any person for not appearing pursuant to
his subpoena for the recovery of any special damage which such plaintiff
or defendant may have sustined by reason fo the disobedience of such person.
31 if in any cuse, action, or suit, civil or criminal, or in any proceeding
connected therewith, it apperars to the court that any person ex-
amined as a witness upon oath or declaration, or if a quaker, upon affirmation,
has committed wilful and corrupt perjury, or that any person,
in swearing, declaring, or affirming in any affidavit, declaration, or affirmation
required to be made before the Court, has been guilty of the like
offence, then, in each and every such case, it shall and may be lawful for
the Court to direct a prosecution for perjury to be forthwith instituted
against such person so falsely swearing, declaring, or affirming as aforesaid,
in order that he may be punished according to alw; or where
such perjury is committed by any person examined as a witness in open
Court, it shall be lawful for th court, instead of directing such prosecution to
be instituted as a foresaid, either to commit such winess, as for
a contempt of the court, to prison for any term not exceeding three
months, with or without hard labour, or to fine such witness in any sum
not exceeding one hundred dollars; Provided that the powers hereinbefore given shall
be in full force and operation notwithstanding any
irregularity or want of form in the administration of the oath, declaration,
or affirmatin.
32-(1) it shall be lawful for the Chief Justice to make general rules
and orders for regulating the times of holding the Court, the forms to be
used and the fees to be paybable therein, and also the fees of counsel and
the costs of solicitor, and from time to time to alter, amend, or revoke
such rules and orders, nor any alteratin, amendment, or revocation
thereof, shall be deemed binding until the same have been revised and
approved of by the Legislative Council and have been published in The Gazette.
(2) all such rules and orders and all such alterations, amendments,
and revocations therof, when so revised, approved, and published as
aforesaid, shall have the same force and effect for all purposes as if the
same had been made by Ordinance, and shall in like manner come into
immediate operation, subject to disallowance by her Majesty.
33-(1) all fees receivable in the Court shall be payable in stamps,
subject to the provisions of any Ordinance for the time being in force
relating to stamps.
(2) The fees heretofore payable in respect of process issued by the
court shall continue to be payalbe in respect of such process until a new
scale of fees for the court generally is prepared and adopted.
A.D. 1873. Ordinance No. 12 of 1873, with Ordinance No. 22 of 1822 incorporated. Short title. Interpretation of terms. Continuance of the Court, as reconsti- tuted by the Ordinance. Seal of the Court. Operation of laws of England in the Colony. Operation of practice of English Courts in the Colony. See Ordinance No. 3 of 1901. Jurisdiction of the Court at Common Law. Jurisdiction of the Court in Equity. Reconstitution of the Supreme Court. Filling up of vacancies in the Court. Prohibition of Judge holding other officer of profit. Powers of Puisne Judge as to acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. Protection of Registrar and Deputy Registrars from liability for certain acts done by Bailiffs. Right of Registrar and Deputy Registrar to apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Costs in action against officers of the Court. Limitation of time, and mode of procedure, in respect of actions against officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Double or casting vote of Chief Justice. Powers of Registrar as to execution of process. Process against officer of the Court. General mode of execution of process. Protection of Bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty of contempt of Court. Summary punishment of person guilty of perjury before the Court. See also Ordinance No. 2 of 1889. Power to make general rules and orders. Mode of payment of fees, etc. See Ordinance No. 16 of 1901.
Supreme Court Ordinance, 1873.
AN ORDIANCE to amend to Constitution of the Supreme Court
of Judicature of the Colony. [13th October, 1873]
WHEREAS it is expedient to amend the constitution of the Supreme
Cosrt of Judicature of the Colony by providing for the appoint-
ment of a Pusine Judge in addition to the Chief Justice of the said
Court:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follow:-
1 This Ordinance may be cited as the Supreme Court Ordinance,
1873.
2 In this Ordinance, unless the contxt otherwise requires,-
'The Supreme Court' means the Supreme Court of the Colony
heretofore established by law and reconstituted by this Ordinance;
'The Court' means the Supreme Court and includes the Chief Jus-
tice and the Puisn Judge of the Supreme Court, sitting together
or separately, in Cort or in Chambers;
'The Full Court' means the Chief Justice and the Puisne Judge
sitting together.
Reconstitution of the court.
3 The Supreme Court heretofore established by law shall continure to
exist as reconstituted by this Ordinance, and shall be as heretofore a Court of Record and the Supreme Court of Judicature of the Colony.
4. The Supreme court shall continue to use the same Seal as hereto-
fore, that is to say, a Seal bearing a device and impression of the Royal
Arms, within a nexergue or label surrounding the same, with this inscrip-
tion, 'The Seal of the Supreme Court of Hongkong,' and all writs and
other process issuing out of the Court shall be sealed therewith.
Law and Practice of the Court.
5. Such of the laws of England as existed when the Colony obtained
a local Legislature, that is to say, on the 5th day of April, 1843, shall be
in force in the Colony, except so far as the said laws are inapplicaable to
the local circumstances of the Colony or of its inhabitants.
6. Such portions of the practice of the English Courts as existed on
the said 5th day of April, 1843, shall be in force in the Colony, subject
to the same exception as to their applicability as is contained in the last
preceding section in relation to the laws of England, and except so far as
such practice may be repealed or suspended by any Ordinance for the
time being in force in the Colony relating to practice and procedure.
Jurisdiction of the Court.
7. The Supreme Court shall have the same jurisdcition in the Colony
as Her Majesty's Courts of Queen's Bench, Common Pleas, and Ex-
chequer lawfully have in England, and shall be a Court of Oyer and
Terminer and Gaol Delivery, Assize, and Nisi Prius.
8. The Supreme Court shall be a Court of Equity, with such and the
like jurisdiction as the Court of Chancery has in England; and shall
have and execute all and singular the powers and authorities of the Lord
High Chancellor of England, with full liberty to appoint and control
guardians of infants and their estates, and also keepers of the persons
and estates of idiots, lunatics, and such as, being of unsound mind, are
unable to govern themselves and their estates.
Judges of the court.
9-(1) From and after the commencement of this Ordinance, the
Supreme Court shall consist of and be holden by and before a Chief
Justice and a Puisn Judge.
(2) Every future Chief Justice and evry Puisne Judge shall be
appointed from time to time by Letters Patent under the Public Seal of
the colony, by the Governor, in accordance with such instructions as he
may receive through one of Her Majesty's Principal Secretaries of State.
(3) The said Judges shall respectively hold their offices during the
pleasure of Her Majesty, subject to suspension by the Governor in like
manner as other officers in the Colony.
10-(1) In case the office of either of the Judges of the Supreme
Court becomes vacant by death or otherwise, it shall be lawful for the
Governor to appoint another fit and proper person to fill the said office
until Her Majesty's pleasure is know.
(2) In case of the timporary illness or absence of either of the said
Judges, it shall be lawful for the Governor, in his discretion, to appoint
a fit and proper person to fill the office of such Judge until he resumes
the duties thereof: Provided always that, until any appointment is made
under this section, the whole business of the court, except the hearing
of appeals and other matters required to be heard before the Full Court,
shall devolve upon and be transacted by the remaining or continuing
Judge.
11 No Judge of the Supreme Court shall be capable of accepting,
taking, or performing any other office or place of profit or emolument
not authorized by law, on pain that the acceptance of any such other
office or place as aforesaid shall be and be deemed in law de facto an
avoidance of his office of Judge, and the salary thereof shall cease, and
be deemed to have ceased accordingly, from the time of such acceptance
of such other office or place.
12 In all cases in which, by any law in force within the Colony, any
judicial or other act is directed or authorized to be performed by the
Chief Justice, such act may be performed by the Puisne Jude, and if
so performed shall, subject to the provisions of section 23, be as valid to
all intents and purposes as if the same had been performed by the Chief
Justice.
Officers of the Court.
13-(1) There shall be and belong to the Supreme Court the follow-
ing officers, that is to say, a Registrar, two Deputy Registrars, two clerks
of the Cour, and such and so many clerks, interpreters, and other officers
as to the Governor may from time to time appear to be necessary for
the administration of justice and the due execution of all the powers and
authorities which are granted and committed to the Court by this
Ordinance.
(2) The Governor may from time to time appoint one or more Bailiffs
of the Superme Court, and may also from time to time approve of the
appointment by any such Bailiff of a Deputy bailiff.
(3) Each Bailiff may, however, act as the deputy of another and
execute any process of the Court, although it may have been directed
personally to some other Bailiff.
14 The several superior officers of the Court who may be appointed to
their offices by Her Majesty, her heirs and successors, shall hold their
several offices during the pleasure of Her Majesty, subject to suspension
by the Governor in like manner as other officers in the Colony; and all
other officers of the Court shall be removable from their several offices
by the Governor, for reasonable cause.
15 No actin shall be brought against the Registrar or any Deputy
Registrar for any act done or omitted to be done by any Bailiff or
Deputy Bailiff without directions from such Registrar or Deputy Regis-
trar, nor shall any actin be brought against the Registrar or any
Deputy Registrar for any directions given to a Bailiff with regard to the
execution or non-execution of process if such directions are in accordance
with an order obtained from the Court as hereinafter mentioned: Provid-
ed always that no material fact is wilfully misrepresented or suppressed
by such Registrar or Deputy Registrar in obtaining such order.
16 the Registrar or any Deputy Registrar may, in case of doubt or
difficulty, apply summarily to the Court for an order for the direction
and guidance of a Bailiff, and the court may make such order in the
matter as may seem just and reasonable.
17 No officer of the Court shall directly or indirectly ask or receive
any fee or gratuity, not authorized by law, in respect of any of he
duties of his office.
18 If any officer of the Court, acting under colour of the process of
the Court, is charged with misconduct or with any wrongful act or
neglect in the discharge of the duties of his office, the Court may inquire
into the matter in a summary way on such evidence as may appear
reasonable, and for that purpose may summon and enforce the attendance
of all necessary parties and witnesses in like manner as the attendance
of withnesses in other cases may be enforced, and may make such order
for the payment of all damages and costs that may have been caused by
any such act or neglect as it thinks just, and impose such fine upon the
officer as it may deem adeuate; and, in default of payment of any
money so ordered to be paid, payment of the same may be enforced as a
judgment recovered in the Court: Provided always that this provision
shall not take away any right of action for damages against any officer,
but no action shall be commenced or continued for any act or omission
of such officer after Court has ordered compensation to be apid in
respect of it under this section.
19-(1) Whenever an action is brought against any officer of the
Court for any act done or omitted to be done in the execution of his
duties, and a verdict or judgmetn is given for the plaintiff in such action, the plaintiff shall not have cost against the defendant unless th Judge
certifies his approval of the action and verdict or, when the trial is had
without a jury, of the acion only.
(2) If a verdict or judgment isgven for the defendant or the plain-
tiff becomes nonsuit or discontinues the action after issue joined, or if,
on demurrer or otherwise, judgment is given against the plaintiff, the
defendant shall recover his full costs, and shall have the like remedy for
the same as any defendant has by law for costs in other cases.
20-(1) no such action shall be brought except within three months
after the act of commission or omisssion complianed of.
(2) Notice in writing of evry such action and of the cause thereof
shall be given to the intended defendant one month at least before the
commencement of the action.
(3) The plaintiff shall not recover if tender of sufficient amends is
made before an action is commenced, or if, after an action ahs been com-
menced, a sufficient sum of money is paid into Court by or on behalf of
the defendant, and the defendant undertakes to pay costs when taxed.
Place of Sitting.
21 The court shall hold its sittings in the present Supreme Court
building or in such other place as the Governor may from time to time
appoint.
Business of the Court.
22 The Chief Justice shall regulate the distribution of business in
the Court, and all actions and other proceedings whatsoever, except
appeals, may in the first instance be heard before either of the two
Judges sitting alone, unless the Chief Justice directs that the same shall
be heard before the Full Court.
23 There shall be an appeal as of right from every decision of one
of the Judges sitting alone on the trial of any action or other proceeding
(other than a criminal trial), and every appeal from such decision or
from the decision of any Magistrate, and eery quesiton of law reserved
for further consideration on any such criminal trial, shall be heard be-
fore the Full Court.
24 Whenever the Full Court sits under the provisins of the last
preceding section or for the trial and dterminatin i nthe first instance
of any action or othe proceeding whatsoever, and there is a difference
of opinion between the two Judges, the chief Justice shall have a double
or casting vote. Execution of Process.
25 the Registrar shall direct the process of the Court to be executed
by such of the bailiffs of the Court as he may from time to time think
fit.
26 in any case where process is awarded by the Court against any
officer of the Court, such process may be issued, directed, or executed
by any other officer of the Court as the Court may direct.
27 each Bailiff shall serve and execute all process of th court
undr the directions of the Registrar, and make a return of the same,
together with the manner of the execution thereof, to the Court, and
shall arrrest and convey to prison all such persons as may be committed
to his custody by order of the Court.
28 no action shall be brought against a Bailiff for anything done or
omitted to be done by him whilst acting under the directions in writing
of the Registrar or of a Deputy Registrar of the Court or in pursuance
of any order made or given by the Court as hereinbefore mentioned:
Provided always that such Bailiff does not wilfully misrepresent or
suppress any material fact in obtaining any such directions from such
Registrar or Deputy Registrar.
Miscellaneous Provisions.
29 it shall and may be lawful to and for the presiding Judge in any
proceeding in the Court, whether of a civil or criminal nature, to order
and allow to all persons examined or detained as witnesses in any such
proceeding such sum or sums of money as may seem fit, as well for
defraying the reasonable expenses of such witnessses as for affording
them a reasonable compensation for their trouble and loss of time.
30 if any person served with a subpoena to attend the Court as a
witness in any action or suit therein, or on the trial of any indictment or
information, refuses or neglects to attend the Court pursuant to such
subpoena, or if any person is guilty of any contempt before the Court, it
shall be lawful for the presiding Judge to punish such person in a
summary way, by fine not exceeding one hundred dollars or by impri-
sonment for any term not exceeding two months: Provided that nothing
herein contained shall affect or abridge the right of any plaintiff or
defenant to proceed against any person for not appearing pursuant to
his subpoena for the recovery of any special damage which such plaintiff
or defendant may have sustined by reason fo the disobedience of such person.
31 if in any cuse, action, or suit, civil or criminal, or in any proceeding
connected therewith, it apperars to the court that any person ex-
amined as a witness upon oath or declaration, or if a quaker, upon affirmation,
has committed wilful and corrupt perjury, or that any person,
in swearing, declaring, or affirming in any affidavit, declaration, or affirmation
required to be made before the Court, has been guilty of the like
offence, then, in each and every such case, it shall and may be lawful for
the Court to direct a prosecution for perjury to be forthwith instituted
against such person so falsely swearing, declaring, or affirming as aforesaid,
in order that he may be punished according to alw; or where
such perjury is committed by any person examined as a witness in open
Court, it shall be lawful for th court, instead of directing such prosecution to
be instituted as a foresaid, either to commit such winess, as for
a contempt of the court, to prison for any term not exceeding three
months, with or without hard labour, or to fine such witness in any sum
not exceeding one hundred dollars; Provided that the powers hereinbefore given shall
be in full force and operation notwithstanding any
irregularity or want of form in the administration of the oath, declaration,
or affirmatin.
32-(1) it shall be lawful for the Chief Justice to make general rules
and orders for regulating the times of holding the Court, the forms to be
used and the fees to be paybable therein, and also the fees of counsel and
the costs of solicitor, and from time to time to alter, amend, or revoke
such rules and orders, nor any alteratin, amendment, or revocation
thereof, shall be deemed binding until the same have been revised and
approved of by the Legislative Council and have been published in The Gazette.
(2) all such rules and orders and all such alterations, amendments,
and revocations therof, when so revised, approved, and published as
aforesaid, shall have the same force and effect for all purposes as if the
same had been made by Ordinance, and shall in like manner come into
immediate operation, subject to disallowance by her Majesty.
33-(1) all fees receivable in the Court shall be payable in stamps,
subject to the provisions of any Ordinance for the time being in force
relating to stamps.
(2) The fees heretofore payable in respect of process issued by the
court shall continue to be payalbe in respect of such process until a new
scale of fees for the court generally is prepared and adopted.
A.D. 1873. Ordinance No. 12 of 1873, with Ordinance No. 22 of 1822 incorporated. Short title. Interpretation of terms. Continuance of the Court, as reconsti- tuted by the Ordinance. Seal of the Court. Operation of laws of England in the Colony. Operation of practice of English Courts in the Colony. See Ordinance No. 3 of 1901. Jurisdiction of the Court at Common Law. Jurisdiction of the Court in Equity. Reconstitution of the Supreme Court. Filling up of vacancies in the Court. Prohibition of Judge holding other officer of profit. Powers of Puisne Judge as to acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. Protection of Registrar and Deputy Registrars from liability for certain acts done by Bailiffs. Right of Registrar and Deputy Registrar to apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Costs in action against officers of the Court. Limitation of time, and mode of procedure, in respect of actions against officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Double or casting vote of Chief Justice. Powers of Registrar as to execution of process. Process against officer of the Court. General mode of execution of process. Protection of Bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty of contempt of Court. Summary punishment of person guilty of perjury before the Court. See also Ordinance No. 2 of 1889. Power to make general rules and orders. Mode of payment of fees, etc. See Ordinance No. 16 of 1901.
Abstract
A.D. 1873. Ordinance No. 12 of 1873, with Ordinance No. 22 of 1822 incorporated. Short title. Interpretation of terms. Continuance of the Court, as reconsti- tuted by the Ordinance. Seal of the Court. Operation of laws of England in the Colony. Operation of practice of English Courts in the Colony. See Ordinance No. 3 of 1901. Jurisdiction of the Court at Common Law. Jurisdiction of the Court in Equity. Reconstitution of the Supreme Court. Filling up of vacancies in the Court. Prohibition of Judge holding other officer of profit. Powers of Puisne Judge as to acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. Protection of Registrar and Deputy Registrars from liability for certain acts done by Bailiffs. Right of Registrar and Deputy Registrar to apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Costs in action against officers of the Court. Limitation of time, and mode of procedure, in respect of actions against officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Double or casting vote of Chief Justice. Powers of Registrar as to execution of process. Process against officer of the Court. General mode of execution of process. Protection of Bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty of contempt of Court. Summary punishment of person guilty of perjury before the Court. See also Ordinance No. 2 of 1889. Power to make general rules and orders. Mode of payment of fees, etc. See Ordinance No. 16 of 1901.
Identifier
https://oelawhk.lib.hku.hk/items/show/587
Edition
1901
Volume
v1
Subsequent Cap No.
4
Cap / Ordinance No.
No. 3 of 1873
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 28, 2025, https://oelawhk.lib.hku.hk/items/show/587.
