SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873
Title
SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873
Description
ORDINANCE No. 4 OF 1873.
Supreme Court (Summary Jurisdiction) Ordinance, 1873.
AN ORDINANCE to abolish the Court of Summary Jurisdiction
and to confer upon the Supreme Court a Summary Jurisdiction
at Law and in Equity.
[13the October, 1873]
WHEREAS it is expedient to abolish the courtof Summary Jurisdiction and
to confer upon the Supreme Court a summary
jurisdiction at law and in equity;
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative council thereof, as follows:-
1 this ordinance may be cited as the supreme court (summary jurisdiction)
Ordinance, 1873.
2 in this ordinance, unless the context otherwise requires,-
'the supreme court' or 'the court' includes the Chief justice
or the Puisne Judge of the supreme court, sitting in court or in
chambers, under this ordinance;
'the full court' means the chief justice and the puisne judge
sitting together for the purposes of appeal;
'the court of summary jurisdiction' means the court established
by ordiancen No.7 of 1862;
'the judge' means the presiding judge;
'the registrar' means the registrar of the supreme court'
'bailiff' means th officer appointed to executed the process of the
supreme court in its summary jurisdiction;
'the code of civil procedure' means th code of civil procedure
for the time being in force in the supreme court;
'the principal register' means the register of acions established
under the code of civil procedure;
'the register of summary actions' means the register of actions
established under this ordinance;
'original jurisdiction' means th jurisdiction of the supreme
court on the trial of causs under th code of civil procedure.
The Court of Summary Jurisdiction.
3 the court of summary jurisdiction is hereby abolished.
4 the seal of the court of summary jurisdiction and all the records thereof
shall be deposited for custody in the Supreme court.
Creation of Summary Jurisdiction of the Supreme Court.
5 from and after the commencement of this ordinance, it shall be lawful for the supreme court to execise a summary jurisdiction at law
and in equity in the actions or matters hereinafter mentioned.
6 the supreme court shall have and use, as occasion may require,
an additional seal bearing a device and impression of the royal arms
within an exergue or lable surrounding the same with the inscription,
'supreme cour of Hongkong, summary jurisdiction;' and every
write or other process issued by the supreme court in its summary jurisdictin shall
be stamped with such seal.
Summary Jurisdiction at Law.
7 it shall be lawful for the supreme court to exercise a summary
jurisdiction at law in all actions where the claim, debt, or damages
sought to be recovered does or do not exceed the sum of one thusand
dollars, and in all actions for the recovery of the possession of tenements
where the annual rent or value thereof does not exceed that amunt.
8 all actions for sums not exceeding one thousand dollars shall be
commenced within three years next after the cause of action accrues,
unless ther has been some contract, acknowledgemtn, undertaking, or
promise to apy in respect therof by the party to be charged within three
years before the commencement of such acion.
9 no person shall be precluded or exempted from suing or being
sued fro any debt or damages not exceeding one thousand dollars by
reason of his not having attained the full age of twenty-one years or by
reason of coverture wehre the husband is not resident in the Colony.
10 no cause of action which exists at any one time amounting in the
whole to a sum exceeding one thousand dollars as aforesaid shall be split
or divided so as to be made the ground of two or more different actions
in order to bring such cases within the Summary jurisdiction of the
court, but if the court finds that the plaintiff in ay case has split his
cause of action as aforesaid, the court shall dismiss the action, without
prejudice, however, to the plaintiff's right to sue upon the cause of action
in such other manner as he amy be advised: Provided that if such
plaintiff is satisfied to recover a sum not exceeding one thousand dollars,
then the court shll and may entertain the action of such plaintiff, and
in case any orde is made in favour of such plaintiff, the same shall be
expressed to be, and shall be in full discharge of the whole cause of
action.
Actions by and against the Crown.
11 whenever a cause of action under any contract entered into in
realtion to any department of the public service, in which the sum
ought to be recovered does not exceed one thousand dollars, accrues
to the Crown against any person, or wheneveer any person has a claim
against the Crown under any such contract, the chief officer of such
department may sue and be sued on behalf of the government in respect
of such cause of action or claim in and by his offical capacity and designatin:
provided always that no such action shall be commenced without
the consent of the Attorney general, and that nothing herein contained
shall affect any other remedy in respect of such cause of action or claim.
Summary Jurisdiction in Equity.
12 it shall be lawful for the supreme court to excise a summary
jurisdictin in equity in the actions or matters hereinafter mentioned;
that is to say,-
(1) in all actions by creditors, legatees, (whether specific, pecuniary,
or residuary), devisees, or next of kin, in which the personal estate
against or for an account or administration of which the demand
is made does not exceed in amunt or value the sum of one thousand
dollars;
(2) in all actions for the execution of trusts, in which the trust estate
or fund does not exceed in amount or value the sume of one thousand
dollars;
(3) in all actions for foreclosure or redemption or for enforcing any
charge or lien, where the mortgage, charge, or lien does not exceed
in amount the sum of one thousand dollars;
(4) in all actions for the specific performance, or for the reforming,
delviering up, or cancelling, of any agreement for the sale, purchase,
or lease of any property, where, in the case of a sale or
purchase, the purchase money, or, in the case of a lease, the value
of the property, does not exceed the sum of one thousand dollars;
(5) in all actions for the dissolution or winding-up of any partnership,
in which the whole property, stock, and credits of the partnership do
not exceed in amount or value the sum of one thousand dollars;
and
(6) in all proceedings for orders in the nautre of injunctions, where
the same are requisite for granting relief in matter in which
equitable jurisdiction is given to the Court by this ordinance:
provided always that, on the day of trial specified in the writ of summons,
the judge mage make a preliminary inquiry into the claim, and, if
satisfied that the case is within the provisions of this section, any make
such orders and give such directions with respect to the filing of pleadings
and any other matters as he may deem necessary for the proper adjudication
of the action.
Summary Practice and Procedure.
13-(1) the registrar shall keep or cause to be kept a book called
the 'register of actions, summary jurisdiction,' which shall be in the
form in the schedule to this ordinance or as near thereto as circumstances
permit, and shall contain the entries specified in the said form.
(2) every action or proceeding, however instituted, under the provisions
of this ordinance hall be numbered ina each year according to the order
in which the same is commenced.
14. evey action under this ordinance shall be commencey by a writ
of summons in the form prescibed by the code of civil procedure of
actions instituted thereunder, except that every such writ shall be entitled
'in the supreme court of hongkong, summary jurisdiction,'
and shall specify the day of trial, and shall have indorsed thereon full
particulars of the plaintiff's claim.
15 it shall not be necessary for the defendant to enter an appearance
to the writ of summons, but after service therof the actin shall be
tried and dtermined in a summary way without pleadings: provided
always that the judge may order the plaintiff to file, within such time as
the judge may direct, a written statement of his claim, and may likewise order
the defendant, within such time as aforesaid, to file a written
statement of his defence, and may permit any defence on equitable
gournds.
16 the jusge may, i nany proceeding before the court, frame issues
of law and of fact for the better trial and determination of the cause.
17 it shall be lawful for the judge, on such gournds as he may, in
his discretin, think sufficient, to review any judgment or decision given
by him, within one month from the date thereof, (except where either
party has obtained leave to appeal and the parties do not agree to the
withdrawal of the appeal), and on suhc review to re-open and re-try the
case, wholly or in part, and take fresh evidence, and to reverse, vary,
or confirm his previous judgemtn or decision.
18 except by consent or leave of the court, no cause of matter in
the summary jurisdiciton of the court shall be set down for trial or
heraring before at least three clear days from the service of the writ of
summons, and, except by the like consent or leave, it shall not be competent
to the defendant to enter into any equitable defence or into any
special defence, such as set-off, illegality, want of consideration, or the
statue of limitatios, unless at least tweve hours' written notice thereof
has been first given to the plaintiff or his solicitor or counsel.
19-(1) no action or other proceeding in the summary jurisdiction
of the court shall be treated or considered as invalid, or subject to be set aside, on account of any verbal or technical error; but all errors
and mistakes may in all cases be amended or altered by the Court in ints
discretion.
(2) unless the court otherwise directs, all applications to the court
or in chambers which may be necessary in the course of any such action
or proceeding may be made verbally and without any preliminary formality.
20-(1) in every cause or matter pending befoe the court, in case it is proved,
to the satisfaction of the court, that any plaintiff or defendant who
is not represented by a solicitor or counsel, or by a solicitor
and counsel, is prevented by a solicitor or counsel, or by a solicitor
the court in person, the court may, in its discretion, permit any relative,
friend, or agent of such plaintiff or defendatn, who satisfies the court
that he has authority in that behalf, to appear for such plaintiff or
defendatn.
(2) if such authority is in writing, it shall nopt be liable to stamp
duty.
21-(1) the court may, in its discretion, on the application of either
party, order that a common a special jury be empanelled for the trail of
any cause under this Ordiance.
(2) in every such case the jury empanelled shall consist of three
persons only.
22. the court may allow such reasonable sum or sums of money for
the attendance and loss of time of parties and witnessess as it may think
fit, and the same may be recovered as costs in the cause.
23 in the execution of judgements or orders the bailiff shall, in the
first instance, if practicable, levy on the goods, chattels, and effects of the
defendant, and, in the evernt of his not being able to find sufficient
goods, chattels, or effects of the defendant and the defendant failing to
point out to his notice any property whereon to levy, the bailiff shall
enforce the judgment or order by the personal arrest and imprisonment
of the defendant.
24 no execution awarded against the goods of any party shall extend or
be construed to extend to deprive any landlord of the power vested
in such landlord by the act of Parliament 8 anne Chapter 18, entitled
'an act for the better security of rents, and to prevent frauds committed
by tenants,' of recovering one year's rent by virtue and in
pursuance of the said act.
25 if any claim is made to or in respect of any goods or chattels
taken in execution under the process of the court, or in respect of the
proceeds or value thereof, by any landlord for rent or by any person
not being the party against whom such process has issued, it shall be
lawful for the registrar, on the application of the officer charged with
the execuion of such process, as well before as after any action brought
against such officer, to issue a summons calling before the court as well
the party issuing such process as the party making such claim, and thereupon
the court shall adjudicate on such claim and make such order
between the parties in respect thereof, and of the cost of the proceedings
as to it may seem fit, and such order shall be enforced in like manner
as any order made in an action under this Ordinance.
application of the Code of Civil Procedure.
26 the provisions of th code of civil procedure shall be applied,
mutaiis mutandis, to actions brought under this ordiance so far as the
same can be made applicable thereto, unless the court in ay case, for the
avoiding of delay or in furtherance of substantial justice, thinks fit
otherwise to direct, and except where the said provisions may, in the
opinion of the court, be unsuitable or may conflict or be inconsisitent
with any special provisions contained in this Ordinance.
27 the provisioons of the code of civil procedure shall, subject as
aforesaid, apply particularly as to the matters following; that is to say,-
(1) the service of process within the jurisdiction;
(2) specific delivery of chattels;
(3) the trial and evidence;
(4) proceedings on non-attendance of parties;
(5) the satisfaction of judgments by instalments;
(6) the power of the Court as to cost;
(7) the maintenance of prisoners for debt;
(8) the duration of imprisonment for debt and the continuance of liability
of the debtor's property;
(9) foreign attachment;
(10) reference of matters of account;
(11) arbitration;
(12) arrest of an absconding defendant;
(13) interim attachment; and
(14) the making of general rules or order.
transfer of Actions.
28 in case the court is of opinion that an action commenced in its
summary jurisdiction ought to be tried in its original jurisdiction, the
court may order that the entry of such action in the register of summary
actions be cancelled therein and transferred therefrom to the principal
register, notwithstanding that such action may be within the privisons
of this ordinance.
29 in case the court is of opinion that an action commenced in its
original jurisdiction ought to have been commenced in its summary
jurisdiction, or in case the plaintiff's claim is reduced by payment, an
admitted set-off, or otherwise to a sum not exceeding one thousand
dollars and the action is in other respects within the summary jurisdiction
of the cour, the court may order that the entry of such action
in the principal register be cancelled therein and transferred therefrom
to the register of summary actions.
30-(1) it shall not be necessary, on the transfer of an action as
aforesaid, for the plaintiff to issue a new writ, but the registrar shall
indorse on the same writ a memerandum that the action has been transferred
as aforesaid by order of the court.
(2) the action shall then be carried on as if it had been commenced
in the jurisdiction of the court to which it has been so transferred, and
the court may make any special orders in respect of any action so transferred
which it may deem necessary or expedient for carrying out he
provisions of the last two preceding sections.
Costs and Fees.
31 no costs shll be allowed to a successful plaintiff in any action
brought by him in the original jurisdiction of the court which might
have been tried in its summary jurisdiction, unless the action has been
so brought by leave of the court or the court is of opinion at the trial
that the action was one which wit was expedient to bring in such manner.
32-(1) until a new scale of court fees and fees and costs of
counsel and solicitor has been provided for use under this ordinance by
any general rule or order of the supreme court or otherwise, and os
far as any such new scale may be incomplete, all questions relating to
the amount of such fees and costs shall be referred to the registrar,
who is hereby empowered to determine the same on taxation, either
with or without reference to the existing scale, having regard to the
skill, labour, and responsiblity involved, subject, nevertheless, to a
review of such determination on summary application to the court in
chambers.
(2) the payment of the costs allowed on any such taxation or review
may be enforced in the same manner as if the same had been fixed by
any such general rule or order.
Solicitors.
33 in all proceedings before the court in its summary jurisdiction,
solicitors of the supreme court may practise as advocates.
Trial and appeal.
34-(1) the puisne judge of the supreme court shall, as a general
rule, preside at the trial of all actions in its summary jurisdictin.
(2) in case either party to an action is dissatisfied with his decision
of any question of fact or of law arising in the case, he may, within
seven days from the date of the judgment, apply top the Full Court in
its original jurisdiciton for leave to appeal, and the full court may
grant leave to appeal on such terms as to notice and other matters as it
may, in its discretion, think fit: provided always that the full court
may, in its discretion, extend the time hereby limited for such application,
either before or after the expiration thereof.
35 where the appeal is from the decision of a question of fact, the
full court may deal with the case solely upon the evidence originally
taken or may re-examine any witness previously examined and admit
any further evidence.
36 where the appeal is from a ruling or judgment of a question of law
of law or on a matter of discretion only, ita shall be herad upon a case
to be stated by the parties (and, in the event of any difference, to be
settled by the full court), in which case shall be set forth so much of
the pleadings, if any, the evidence, and the ruling or judgment objected
to as may be necessary to raise the question for the decision of the full
court
37 the full court shall have power on every appeal, whether on a
question of fact, or of law, or of discretion, to try the case de novo, if it
thinks it necessary to do so.
38 the court may stay execution on the application of the appellant
for such time and on such terms, if any, as to securtiy or otherwise, as
it may deem just.
Sittings of the Court.
39 the sitting of the court for the trial and hearing of actions and
other matters under this ordiances shall take place on such days as may
from time to time be fixed and determined by the Court.
Forms.
40 until special forms are prescibed for use under this Ordinance
by any general rule or order of the supreme court, and so far as the
same may be incomplete, all forms at present in use in the supreme
court or in the court of summary jurisdiciton, or forms to the like
effect, with such variations and additions as circumstances require, may
be used for the purpose of carrying out the provisions of this ordiancne,
and shall (as regards the form thereof) be valid and sufficient. SCHEDULE.
FORM OF REGISTER OF SUMMARY ACTIONS.
IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.
Actions in the Year 1.
A.D. 1873. Ordinance No. 14 of 1873, with Ordinance No. 2 of 1894 incorporated. Short title. Interpretation of terms. Not printed in this edition. See Ordinance No. 3 of 1901. Abolition of Court Summary Jurisdiction. Custody of Seal and records. Summary Jurisdiction conferred on the Supreme Court. Additional Seal of the Supreme Court. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converture no bar to right to sue or liability to be sued. Prohibition of splitting of claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Keeping of Register of Actions. Schedule. Commencement of action by writ of summons. See Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Execution not to prejudice landlord. Interpleder by Bailiff. General application of Code. See Ordinance No. 3 of 1901. Special application of Code. See Ordinance No. 3 of 1901. Transfer of action to principal register. Transfer of action to summary register. Power to make special order on transfer of action. Deprivation of costs in certain cases. Taxation of fees and costs in cases not provided for. Right of solicitors to practise as advocates. Judge in Summary Jurisdiction and right of appeal from his decision. Appeal from decision of question of fact. Appeal from decision of question law or on matter of discretion. General power of the Full court on appeal. Stay of execution. Fixing of days for sittings. Application of present forms. Section 13.
Supreme Court (Summary Jurisdiction) Ordinance, 1873.
AN ORDINANCE to abolish the Court of Summary Jurisdiction
and to confer upon the Supreme Court a Summary Jurisdiction
at Law and in Equity.
[13the October, 1873]
WHEREAS it is expedient to abolish the courtof Summary Jurisdiction and
to confer upon the Supreme Court a summary
jurisdiction at law and in equity;
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legislative council thereof, as follows:-
1 this ordinance may be cited as the supreme court (summary jurisdiction)
Ordinance, 1873.
2 in this ordinance, unless the context otherwise requires,-
'the supreme court' or 'the court' includes the Chief justice
or the Puisne Judge of the supreme court, sitting in court or in
chambers, under this ordinance;
'the full court' means the chief justice and the puisne judge
sitting together for the purposes of appeal;
'the court of summary jurisdiction' means the court established
by ordiancen No.7 of 1862;
'the judge' means the presiding judge;
'the registrar' means the registrar of the supreme court'
'bailiff' means th officer appointed to executed the process of the
supreme court in its summary jurisdiction;
'the code of civil procedure' means th code of civil procedure
for the time being in force in the supreme court;
'the principal register' means the register of acions established
under the code of civil procedure;
'the register of summary actions' means the register of actions
established under this ordinance;
'original jurisdiction' means th jurisdiction of the supreme
court on the trial of causs under th code of civil procedure.
The Court of Summary Jurisdiction.
3 the court of summary jurisdiction is hereby abolished.
4 the seal of the court of summary jurisdiction and all the records thereof
shall be deposited for custody in the Supreme court.
Creation of Summary Jurisdiction of the Supreme Court.
5 from and after the commencement of this ordinance, it shall be lawful for the supreme court to execise a summary jurisdiction at law
and in equity in the actions or matters hereinafter mentioned.
6 the supreme court shall have and use, as occasion may require,
an additional seal bearing a device and impression of the royal arms
within an exergue or lable surrounding the same with the inscription,
'supreme cour of Hongkong, summary jurisdiction;' and every
write or other process issued by the supreme court in its summary jurisdictin shall
be stamped with such seal.
Summary Jurisdiction at Law.
7 it shall be lawful for the supreme court to exercise a summary
jurisdiction at law in all actions where the claim, debt, or damages
sought to be recovered does or do not exceed the sum of one thusand
dollars, and in all actions for the recovery of the possession of tenements
where the annual rent or value thereof does not exceed that amunt.
8 all actions for sums not exceeding one thousand dollars shall be
commenced within three years next after the cause of action accrues,
unless ther has been some contract, acknowledgemtn, undertaking, or
promise to apy in respect therof by the party to be charged within three
years before the commencement of such acion.
9 no person shall be precluded or exempted from suing or being
sued fro any debt or damages not exceeding one thousand dollars by
reason of his not having attained the full age of twenty-one years or by
reason of coverture wehre the husband is not resident in the Colony.
10 no cause of action which exists at any one time amounting in the
whole to a sum exceeding one thousand dollars as aforesaid shall be split
or divided so as to be made the ground of two or more different actions
in order to bring such cases within the Summary jurisdiction of the
court, but if the court finds that the plaintiff in ay case has split his
cause of action as aforesaid, the court shall dismiss the action, without
prejudice, however, to the plaintiff's right to sue upon the cause of action
in such other manner as he amy be advised: Provided that if such
plaintiff is satisfied to recover a sum not exceeding one thousand dollars,
then the court shll and may entertain the action of such plaintiff, and
in case any orde is made in favour of such plaintiff, the same shall be
expressed to be, and shall be in full discharge of the whole cause of
action.
Actions by and against the Crown.
11 whenever a cause of action under any contract entered into in
realtion to any department of the public service, in which the sum
ought to be recovered does not exceed one thousand dollars, accrues
to the Crown against any person, or wheneveer any person has a claim
against the Crown under any such contract, the chief officer of such
department may sue and be sued on behalf of the government in respect
of such cause of action or claim in and by his offical capacity and designatin:
provided always that no such action shall be commenced without
the consent of the Attorney general, and that nothing herein contained
shall affect any other remedy in respect of such cause of action or claim.
Summary Jurisdiction in Equity.
12 it shall be lawful for the supreme court to excise a summary
jurisdictin in equity in the actions or matters hereinafter mentioned;
that is to say,-
(1) in all actions by creditors, legatees, (whether specific, pecuniary,
or residuary), devisees, or next of kin, in which the personal estate
against or for an account or administration of which the demand
is made does not exceed in amunt or value the sum of one thousand
dollars;
(2) in all actions for the execution of trusts, in which the trust estate
or fund does not exceed in amount or value the sume of one thousand
dollars;
(3) in all actions for foreclosure or redemption or for enforcing any
charge or lien, where the mortgage, charge, or lien does not exceed
in amount the sum of one thousand dollars;
(4) in all actions for the specific performance, or for the reforming,
delviering up, or cancelling, of any agreement for the sale, purchase,
or lease of any property, where, in the case of a sale or
purchase, the purchase money, or, in the case of a lease, the value
of the property, does not exceed the sum of one thousand dollars;
(5) in all actions for the dissolution or winding-up of any partnership,
in which the whole property, stock, and credits of the partnership do
not exceed in amount or value the sum of one thousand dollars;
and
(6) in all proceedings for orders in the nautre of injunctions, where
the same are requisite for granting relief in matter in which
equitable jurisdiction is given to the Court by this ordinance:
provided always that, on the day of trial specified in the writ of summons,
the judge mage make a preliminary inquiry into the claim, and, if
satisfied that the case is within the provisions of this section, any make
such orders and give such directions with respect to the filing of pleadings
and any other matters as he may deem necessary for the proper adjudication
of the action.
Summary Practice and Procedure.
13-(1) the registrar shall keep or cause to be kept a book called
the 'register of actions, summary jurisdiction,' which shall be in the
form in the schedule to this ordinance or as near thereto as circumstances
permit, and shall contain the entries specified in the said form.
(2) every action or proceeding, however instituted, under the provisions
of this ordinance hall be numbered ina each year according to the order
in which the same is commenced.
14. evey action under this ordinance shall be commencey by a writ
of summons in the form prescibed by the code of civil procedure of
actions instituted thereunder, except that every such writ shall be entitled
'in the supreme court of hongkong, summary jurisdiction,'
and shall specify the day of trial, and shall have indorsed thereon full
particulars of the plaintiff's claim.
15 it shall not be necessary for the defendant to enter an appearance
to the writ of summons, but after service therof the actin shall be
tried and dtermined in a summary way without pleadings: provided
always that the judge may order the plaintiff to file, within such time as
the judge may direct, a written statement of his claim, and may likewise order
the defendant, within such time as aforesaid, to file a written
statement of his defence, and may permit any defence on equitable
gournds.
16 the jusge may, i nany proceeding before the court, frame issues
of law and of fact for the better trial and determination of the cause.
17 it shall be lawful for the judge, on such gournds as he may, in
his discretin, think sufficient, to review any judgment or decision given
by him, within one month from the date thereof, (except where either
party has obtained leave to appeal and the parties do not agree to the
withdrawal of the appeal), and on suhc review to re-open and re-try the
case, wholly or in part, and take fresh evidence, and to reverse, vary,
or confirm his previous judgemtn or decision.
18 except by consent or leave of the court, no cause of matter in
the summary jurisdiciton of the court shall be set down for trial or
heraring before at least three clear days from the service of the writ of
summons, and, except by the like consent or leave, it shall not be competent
to the defendant to enter into any equitable defence or into any
special defence, such as set-off, illegality, want of consideration, or the
statue of limitatios, unless at least tweve hours' written notice thereof
has been first given to the plaintiff or his solicitor or counsel.
19-(1) no action or other proceeding in the summary jurisdiction
of the court shall be treated or considered as invalid, or subject to be set aside, on account of any verbal or technical error; but all errors
and mistakes may in all cases be amended or altered by the Court in ints
discretion.
(2) unless the court otherwise directs, all applications to the court
or in chambers which may be necessary in the course of any such action
or proceeding may be made verbally and without any preliminary formality.
20-(1) in every cause or matter pending befoe the court, in case it is proved,
to the satisfaction of the court, that any plaintiff or defendant who
is not represented by a solicitor or counsel, or by a solicitor
and counsel, is prevented by a solicitor or counsel, or by a solicitor
the court in person, the court may, in its discretion, permit any relative,
friend, or agent of such plaintiff or defendatn, who satisfies the court
that he has authority in that behalf, to appear for such plaintiff or
defendatn.
(2) if such authority is in writing, it shall nopt be liable to stamp
duty.
21-(1) the court may, in its discretion, on the application of either
party, order that a common a special jury be empanelled for the trail of
any cause under this Ordiance.
(2) in every such case the jury empanelled shall consist of three
persons only.
22. the court may allow such reasonable sum or sums of money for
the attendance and loss of time of parties and witnessess as it may think
fit, and the same may be recovered as costs in the cause.
23 in the execution of judgements or orders the bailiff shall, in the
first instance, if practicable, levy on the goods, chattels, and effects of the
defendant, and, in the evernt of his not being able to find sufficient
goods, chattels, or effects of the defendant and the defendant failing to
point out to his notice any property whereon to levy, the bailiff shall
enforce the judgment or order by the personal arrest and imprisonment
of the defendant.
24 no execution awarded against the goods of any party shall extend or
be construed to extend to deprive any landlord of the power vested
in such landlord by the act of Parliament 8 anne Chapter 18, entitled
'an act for the better security of rents, and to prevent frauds committed
by tenants,' of recovering one year's rent by virtue and in
pursuance of the said act.
25 if any claim is made to or in respect of any goods or chattels
taken in execution under the process of the court, or in respect of the
proceeds or value thereof, by any landlord for rent or by any person
not being the party against whom such process has issued, it shall be
lawful for the registrar, on the application of the officer charged with
the execuion of such process, as well before as after any action brought
against such officer, to issue a summons calling before the court as well
the party issuing such process as the party making such claim, and thereupon
the court shall adjudicate on such claim and make such order
between the parties in respect thereof, and of the cost of the proceedings
as to it may seem fit, and such order shall be enforced in like manner
as any order made in an action under this Ordinance.
application of the Code of Civil Procedure.
26 the provisions of th code of civil procedure shall be applied,
mutaiis mutandis, to actions brought under this ordiance so far as the
same can be made applicable thereto, unless the court in ay case, for the
avoiding of delay or in furtherance of substantial justice, thinks fit
otherwise to direct, and except where the said provisions may, in the
opinion of the court, be unsuitable or may conflict or be inconsisitent
with any special provisions contained in this Ordinance.
27 the provisioons of the code of civil procedure shall, subject as
aforesaid, apply particularly as to the matters following; that is to say,-
(1) the service of process within the jurisdiction;
(2) specific delivery of chattels;
(3) the trial and evidence;
(4) proceedings on non-attendance of parties;
(5) the satisfaction of judgments by instalments;
(6) the power of the Court as to cost;
(7) the maintenance of prisoners for debt;
(8) the duration of imprisonment for debt and the continuance of liability
of the debtor's property;
(9) foreign attachment;
(10) reference of matters of account;
(11) arbitration;
(12) arrest of an absconding defendant;
(13) interim attachment; and
(14) the making of general rules or order.
transfer of Actions.
28 in case the court is of opinion that an action commenced in its
summary jurisdiction ought to be tried in its original jurisdiction, the
court may order that the entry of such action in the register of summary
actions be cancelled therein and transferred therefrom to the principal
register, notwithstanding that such action may be within the privisons
of this ordinance.
29 in case the court is of opinion that an action commenced in its
original jurisdiction ought to have been commenced in its summary
jurisdiction, or in case the plaintiff's claim is reduced by payment, an
admitted set-off, or otherwise to a sum not exceeding one thousand
dollars and the action is in other respects within the summary jurisdiction
of the cour, the court may order that the entry of such action
in the principal register be cancelled therein and transferred therefrom
to the register of summary actions.
30-(1) it shall not be necessary, on the transfer of an action as
aforesaid, for the plaintiff to issue a new writ, but the registrar shall
indorse on the same writ a memerandum that the action has been transferred
as aforesaid by order of the court.
(2) the action shall then be carried on as if it had been commenced
in the jurisdiction of the court to which it has been so transferred, and
the court may make any special orders in respect of any action so transferred
which it may deem necessary or expedient for carrying out he
provisions of the last two preceding sections.
Costs and Fees.
31 no costs shll be allowed to a successful plaintiff in any action
brought by him in the original jurisdiction of the court which might
have been tried in its summary jurisdiction, unless the action has been
so brought by leave of the court or the court is of opinion at the trial
that the action was one which wit was expedient to bring in such manner.
32-(1) until a new scale of court fees and fees and costs of
counsel and solicitor has been provided for use under this ordinance by
any general rule or order of the supreme court or otherwise, and os
far as any such new scale may be incomplete, all questions relating to
the amount of such fees and costs shall be referred to the registrar,
who is hereby empowered to determine the same on taxation, either
with or without reference to the existing scale, having regard to the
skill, labour, and responsiblity involved, subject, nevertheless, to a
review of such determination on summary application to the court in
chambers.
(2) the payment of the costs allowed on any such taxation or review
may be enforced in the same manner as if the same had been fixed by
any such general rule or order.
Solicitors.
33 in all proceedings before the court in its summary jurisdiction,
solicitors of the supreme court may practise as advocates.
Trial and appeal.
34-(1) the puisne judge of the supreme court shall, as a general
rule, preside at the trial of all actions in its summary jurisdictin.
(2) in case either party to an action is dissatisfied with his decision
of any question of fact or of law arising in the case, he may, within
seven days from the date of the judgment, apply top the Full Court in
its original jurisdiciton for leave to appeal, and the full court may
grant leave to appeal on such terms as to notice and other matters as it
may, in its discretion, think fit: provided always that the full court
may, in its discretion, extend the time hereby limited for such application,
either before or after the expiration thereof.
35 where the appeal is from the decision of a question of fact, the
full court may deal with the case solely upon the evidence originally
taken or may re-examine any witness previously examined and admit
any further evidence.
36 where the appeal is from a ruling or judgment of a question of law
of law or on a matter of discretion only, ita shall be herad upon a case
to be stated by the parties (and, in the event of any difference, to be
settled by the full court), in which case shall be set forth so much of
the pleadings, if any, the evidence, and the ruling or judgment objected
to as may be necessary to raise the question for the decision of the full
court
37 the full court shall have power on every appeal, whether on a
question of fact, or of law, or of discretion, to try the case de novo, if it
thinks it necessary to do so.
38 the court may stay execution on the application of the appellant
for such time and on such terms, if any, as to securtiy or otherwise, as
it may deem just.
Sittings of the Court.
39 the sitting of the court for the trial and hearing of actions and
other matters under this ordiances shall take place on such days as may
from time to time be fixed and determined by the Court.
Forms.
40 until special forms are prescibed for use under this Ordinance
by any general rule or order of the supreme court, and so far as the
same may be incomplete, all forms at present in use in the supreme
court or in the court of summary jurisdiciton, or forms to the like
effect, with such variations and additions as circumstances require, may
be used for the purpose of carrying out the provisions of this ordiancne,
and shall (as regards the form thereof) be valid and sufficient. SCHEDULE.
FORM OF REGISTER OF SUMMARY ACTIONS.
IN THE SUPREME COURT OF HONGKONG, SUMMARY JURISDICTION.
Actions in the Year 1.
A.D. 1873. Ordinance No. 14 of 1873, with Ordinance No. 2 of 1894 incorporated. Short title. Interpretation of terms. Not printed in this edition. See Ordinance No. 3 of 1901. Abolition of Court Summary Jurisdiction. Custody of Seal and records. Summary Jurisdiction conferred on the Supreme Court. Additional Seal of the Supreme Court. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converture no bar to right to sue or liability to be sued. Prohibition of splitting of claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Keeping of Register of Actions. Schedule. Commencement of action by writ of summons. See Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Execution not to prejudice landlord. Interpleder by Bailiff. General application of Code. See Ordinance No. 3 of 1901. Special application of Code. See Ordinance No. 3 of 1901. Transfer of action to principal register. Transfer of action to summary register. Power to make special order on transfer of action. Deprivation of costs in certain cases. Taxation of fees and costs in cases not provided for. Right of solicitors to practise as advocates. Judge in Summary Jurisdiction and right of appeal from his decision. Appeal from decision of question of fact. Appeal from decision of question law or on matter of discretion. General power of the Full court on appeal. Stay of execution. Fixing of days for sittings. Application of present forms. Section 13.
Abstract
A.D. 1873. Ordinance No. 14 of 1873, with Ordinance No. 2 of 1894 incorporated. Short title. Interpretation of terms. Not printed in this edition. See Ordinance No. 3 of 1901. Abolition of Court Summary Jurisdiction. Custody of Seal and records. Summary Jurisdiction conferred on the Supreme Court. Additional Seal of the Supreme Court. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converture no bar to right to sue or liability to be sued. Prohibition of splitting of claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Keeping of Register of Actions. Schedule. Commencement of action by writ of summons. See Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Execution not to prejudice landlord. Interpleder by Bailiff. General application of Code. See Ordinance No. 3 of 1901. Special application of Code. See Ordinance No. 3 of 1901. Transfer of action to principal register. Transfer of action to summary register. Power to make special order on transfer of action. Deprivation of costs in certain cases. Taxation of fees and costs in cases not provided for. Right of solicitors to practise as advocates. Judge in Summary Jurisdiction and right of appeal from his decision. Appeal from decision of question of fact. Appeal from decision of question law or on matter of discretion. General power of the Full court on appeal. Stay of execution. Fixing of days for sittings. Application of present forms. Section 13.
Identifier
https://oelawhk.lib.hku.hk/items/show/588
Edition
1901
Volume
v1
Subsequent Cap No.
336
Cap / Ordinance No.
No. 4 of 1873
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed April 4, 2025, https://oelawhk.lib.hku.hk/items/show/588.
