SUPREME COURT ORDINANCE, 1873

SUPREME COURT ORDINANCE, 1873

No. 3 of 1873.
To amend the constitution of the Supreme Court of Judicature.
[13th Octiber,1873.]
1. The Supreme Court Ordinance,1873.

2. In this Ordinance,-
'The Supreme Court' means the Supreme Court of the Colony
as reconstituted by this Ordinance, :
'The Court' means the Supreme Court and includes any of the
Judges sitting together or separately,in Court or in Chambers.

3. The Supreme Court heretofore established by law shall con-
tinue 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
heretofore, that is to say, a seal bearing a device and impression
of the Royal Arms, within an exergue or label surrounding the
same, with this inscription, 'The Seal of the Supreme Court of
Hongkong,' and all writs wid other process issuing out of the
Court shall be sealed therewith.

5. Such of the laws of England as existed when the Colony
obtained a local Legislature, that is to say, on 5th April, 1843,
shall be in force in the Colony, except so far as the said laws are








inapplicable to the local circumstances of the Colony or of its
inhabitants, and except so far as they have been modified by laws
passed by the said Legislature,
6. So much of the practice of the Engliah Courts as existed on
5th April, 1843, shall be in force in the Colony subject to the same
exceptions as are contained in the last section in relation to the
Iaws of England.

7. The Supreme Court shall have the same jurisdiction in the
Colony as His Majesty's Courts of King's Breach, Common Pleas,
and Exchequer lawfully have or flad 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 or had 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.

9-(1) The Supreme Court shall consist of and be holden by
and before a Chief Justice, and one or more other Judges.
(2) Every Chief Justice and every Puisne Judge shall, save as
is provided in section 5 (2) of Ordinance No. 27 of 1912, be ap-
pointed by Letters PRent under the public seal by the Governor,
in accordance with such instructions as he may receive through a
Secretary of State.
(3) The said Judges, save as islprovided in section 5 (2) of
Ordinance No. 27 of 1912, shall respectively hold their offices
during the pleasure of His Majesty, subject to suspension by the
Governor in like manner as other officers in the Colony.

10-(1) In case the office of any Judge in the permanent ser-
vice of the Colony becomes vacant by death or otherwise, it shall






be lawful for the Grovernor to appoint another fit and proper person
to fill the said office until His Majesty's pleasure is known.
(2) In case of the temporary illness or absence of any of the
said Judges,it shall be lawful for the Governor to appoint a
fit, and proper person to fill the office of such Judge until he re-
sumes the duties thereof : Provided always that, until such
appointment is made, the whole business of the Court, except the
hearing of matters required to be heard before the Full Court, shall
devolve upon and be transacted by the remaining or continuing
Judge or Judges in the permanent service of the Colony.

11. No Judge of the Supreme Court shall be capable of accept-
ing, taking, or performing any other office or place of profit or
emolument not authorised 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 authorised to be performed
by the Chief Justice, such act may be performed by any other
judge, and if so performed shall, subject to the provisons of
section 23, be as valid to all intents and purposes as if the same
had been performed by the Chief Judge.

13.-(1) There shall be and belong to the Supreme Court the
following officers, that is to say, a Registrar, two Deputy
Regitrar, two clerks of the Court,and so many clerks,inter-
preters, and other officers as to the Governor may appear to be
necessary for the administratian of justice and the due execution
of all the powers and authorties which are granted and committed
to the Court by this Ordinance. All acts which under any Ordi-
nance are required to be or may lawfully be done by the Registrar,

may, unless it is otherwise provided, be done by a Deputy
Registrar.
(2) The Govemor may appoint one or more bailiffs of the
Supreme Court, and may also 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 by His Majesty, shall hold their several offices during
the pleasure of His Majesty,subject to susupension 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 action shall be brought against the Registrar or any
Deputy Registrar for any act done or omitted to be done by any
bailiff of deputy bailiff without directions from such Registrar or
Deputy Registrar, nor shall any action 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 : Provided always that no material
fact is wilfully misrepresented or suppressed by such Registrar or
Deputy Registrar in obtaining such order.

16.The Registrar may,in case of doubt or difficulty, apply sum-
marily 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 ally fee or guilty,not authorised by law, in respect of any
of the 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 witnesses in other cases may be
enforced, and may inake 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 adequate;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 pro-
vision 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 the Court has ordered
compensation to be paid in respect of it under this section.
[ss. 19, 20, rep. No. 31 of 1911.]

21. The Court shall hold its sitting in tbe present Supreme
Court building or in such other place as the Governor may by
appoint,

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 any of
the 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 every

question of law reserved for further consideration on any such
criminal trial, shall be heard before the Full Court.
[s. 24, rep. No. 27 of 1912.]

25. The Registrar shall direct the process of the Court to be
executed by such of bailtiffs as he may 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 the Court
under the directions of the Legistrar, and make a return of the





same, together with the manner of the execution thereof, to the
Court, and shall arrest and convey to prison all such persons as
may be committed to his custody by ordor 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 in pursuance of any order made or
given by the Court as herebefore mentioned : Provided always
that such bailiff does not wilfully misrepresent or suppress any
material fact in obtaining any such directions from such Registrar.

29. It shall be lawful for the presiding Judge in any procceding
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 of money as may seem fit, as well for defray
ing the reasonable expenses of such 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 pn 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 con-
tempt before the Court, it shall be lawful for the presiding Judge
to punish such person in a summary way, by fine not exceeding
100 dollars or by imprisonment, without hard labour, for any term
not exceeding 2 months :Provided that nothing herein contained
shall affect or abildge the right of any plaintiff or defendant to
proceed against any person for not appearing pursuant to his
subpoena for the recovery of any special damage which such plain-
tiff or defendant may have sustained by reason of the disobedience
of such person.

31. If in any cause, action, or suit, civil or criminal, or in any
proceeding connected therewith, it appears to the Court that any
person examined as a witness upon oath has committed wilful and
corrupt perjury, or that any person,in swearing in any affidavit
required to be made before the Court, has been guilty of the like
offence, it shall be lawful for the Court to direct a prosecution for
perjury to be forthwith instituted against such person so falsely

swearing as aforesaid,in order that he may punished according
to law; or where such perjury is committed by any person
examined as a witness in open Court,it shall be lawful for the
Court,instead of directing such prosecution to be instituted as
aforesaid, either to commit such witness,as for a contempt of the
Court, to prison for any term not exceeding 3 months, or to fine
such witness in any sum not exceeding 100 dollars : Provided that
the powers hereinbefore given shall be in full force and operation
notwithstanding any irregularity or want of form in the adminis-
tration of the oath.

31-(1) It shall be lawful for the Chief Judge to make general
rules and orders for regulating the times of holding the Court, the
forms to be used and the fees to be payable therein, and also the
fees of counsel and the costs of solicitors:Provided always that no
such rules or orders shall be binding until the same have been
revised and approved by the Legislative Council and have been
published in the Gazette.
(2) All such rules and orders shall be subject to disallowance by
His Majesty.

33. All fees receivable in the Court shall be payable in stamps,
subject to the provisions of any Ordinance relating to stamps.
Short title. Interpretation of terms. Continuance of the Court, as reconstituted. Seal of the Court. Operation of laws of England. Operation of practice of English Courts. Jurisdiction of the Court at common law. Jurisdiction of the Court in equity. Reconstitution of the Supreme Court. [cf. No. 2 of 1862, s. 3, ante, p. 45.] Filing up of vacancies in the Court. [See No. 3 of 1890 s. 113.] Prohibition of Judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Registrar to direct process. Process against officer. 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 for contempt of Court. Summary punishment of person guilty of perjury. Power to make general rules and orders. Payment of fees by stamps. [cf. No. 16 of 1901.]

Short title. Interpretation of terms. Continuance of the Court, as reconstituted. Seal of the Court. Operation of laws of England. Operation of practice of English Courts. Jurisdiction of the Court at common law. Jurisdiction of the Court in equity. Reconstitution of the Supreme Court. [cf. No. 2 of 1862, s. 3, ante, p. 45.] Filing up of vacancies in the Court. [See No. 3 of 1890 s. 113.] Prohibition of Judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Registrar to direct process. Process against officer. 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 for contempt of Court. Summary punishment of person guilty of perjury. Power to make general rules and orders. Payment of fees by stamps. [cf. No. 16 of 1901.]

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