SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873
Title
SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873
Description
No. 4 of 1873.
To abolish the Court of Summary Jurisdiction,and to confer
upon the Supreme Court a summary jurisdiction at Law
and in Equity. [13th October,1873.]
1. The Supreme Court (Summary Jurisdiction) Ordinance,
1873.
2. In the Ordinance-
'The Supreme Court' or 'The Court' includes the Chief
Justice or any other Judge sitting in Court or in Chambers :
''The Judge' means the presiding Judge:
'The Registrar' means the Registrar of the Supreme Court:
'Bailitiff' means the officer appointed to execute the process of
the Supreme Court in its Summary Jurisdiction:
'The Original Jurisdiction Register' means the Cause Book
kept under the Code of Civil Procedure :
'The Register of Summary Actions' means the register of
actions established under this Ordinance:
''Original Jurisdiction' means the jurisdiction of the Supreme
Court on the trial of causes under the Code of Civil Procedure.
3. The Court of Summary Jurisdiction heretofore established is
abolished, and its seal and all the records thereof shall be deposited.
for custody in the Supreme Court.
[s. 4, rep. No. 62 of 1911.]
5. It shall be lawful for the Supreme Court to exercise a sum-
mary 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 label surrounding the same with
the inscription,'Supreme Court of Hongkong,Summary Jurisdic-
tion' ; and every writ or other process issued by the Supreme
Court in its Summary Jurisdiction shall be stamped with such seal.
7. It shall be, lawful for the Supreme Court to exercise a com-
jurisdiction at law in all actions where the claim, debt, or
damages sought to be recovered does or do not exceed the sum of
1,000 dollars, and in all actions for the recovery of the possession
of tenements where, the annual rent or value thereof does not
exceed that amount.
8. All actions for sum not exceeding 1,000 dollars shall be com-
menced within 3 years next after the cause of action accrues,
unless there has been some contract,acknowledgment, under-
taking, or promise to pay in respect thereof by the party to be
charged within 3 years before the commencement of such action.
9. No person shall be precluded or exempted from suing or being
sued for an debt or dainages not exceeding 1,000 dollars by reason
of his not having attained the full age, of 21 years, or by reason of
coverture where 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 1,000 dollars as aforesaid shall
be split or divided so as to be made the groond 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 any case has split his cause of action as aforesaid, the Court
shall dismiss the action, without prejudice, however, to the plain-
tiff's right to sue upon the cause of action in such other manner
as he may be advised : Provided that if such plaintiff is satisfied
to recover a sum not exceeding 1,000 dollars, then the Court shall
and may entertain the action of such plaintiff,and in case any
order is made in favour of such plaintiff,the same shall be express-
ed to be, and shall be, in full discharge of the whole cause of
action.
11. Whenever a cause of action, under any contract entered into
in relation to any department of the public service, in which the
sum sought to be recovered does not exceed 1,000 dollars, accrues
to the Crown against any person ,or whenever any person has a
claim against the Crown under any such contract,the chief officer
of such department may sue and to be sued on behalf of the Govern-
ment in respect of such cause of action or claim in any by his
official capacity and designation : 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.
12. It shall be lawful for the Supreme Court to exercise a sum-
mary jurisdiction 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 amount or value the
sum of 1,000 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 sum of 1,000
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 1,000 dollars;
(4) in all actions for the specific performance, or for the re-
forming, delivering 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 1,000 dollars ;
(5) in all actions for the dissolution or winding-up of any part-
nership, in which the whole property, stock, and credits of the
partnership do not exceed in amount or value the sum of 1,000
dollars; and
(6) in all proceedings for orders in the nature of injunctions,
where the same are requisite for granting relief in any matter in
which equitable jurisdiction is given to the Court by this Ordi-
narice :
Provided always ,that, on the day of trial specified in the writ of
surnmons, the, Judge may make a preliminary inquiry into the
claim, and, if satisfied that the case is within the provisions of
this section, may 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.
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 or as near thereto as circum-
stances permit,and shall contain the entries specified in the said
form.
(2) Every action or procceding, however instituted, shall be
numbered in each year according to the order in which the same
is commenced.
14. Every action under this Ordinance shall be commenced by
a writ of summons in the form prescribed by the Code of Civil
Procedure for 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 thercon full particiflars 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 thereof the
action shall be tried and determined in a summary way without
pleadings: Provided always that the Judge may order the plaintiff
to file, within such time as he 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 grounds.
16. The Judge may, in any 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 grounds as he may
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 such review to re-open and re-
try the case, wholly or in part, and to take fresh evidence, and to
reverse, vary, or confirm his previous judgment or decision.
18. Except by consent or leave of the Court, no cause or matter
in the Summary Jurisdiction of the Court shall be set down for
trial or hearing before at least 3 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 de-
fence or into any special defence, such as set-off,illegality, want
of consideration, or the statute of limitations, unless, at least 24
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 Juris-
diction of tbe Court shall be treated or considered as invalid, or
subject to be set aside, on account of any verbat or technical error ;
but all errors and mistakes may in all cases be amended or altered
by the Court.
(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 if the Court is satisfied that
any party who is not represented by a solicitor or counsel is pre-
vented by good canso from attending in person, the Court may
permit any relative,friend,or agent of such party,who satisfies
the Court that he was authority in that behalf, to appear on his
behalf.
(2) If such authority is in writing, it shall not be liable to stamp
duty.
21. The Court may,on the application of either party,order that
a common or special jury consisting of 3 person be empanelled for
the trial of any cause.
22. The Court may allow such reasonable sum of money for the
attendance and loss of time of parties and witnesses as may
think fit, and the same, may be, recovered as costs in the cause.
23. In the execution of a Judgment or order the bailiff shall in
the first instance, if practicable, levy on the goods, chattels, and
effects of the party against whom it is made, and in the event
of his not being able to find sufficient goods, chattels, or effects,
and of the said party failing to point out to his notice any porperty
whereon to levy, the bailiff shall enforce the judgment or order
by personal arrest and imprisonment.
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 him by the Act 8 Anne. c. 18, or any enactment
relating to the recovery of rent.
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 Register, on the application of the officer
charged with the execution 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 costs 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.
26. The provisions of the Code of Civil Procedure shall be
applied, mutatis mutandis, to actions brought under this Ordi-
nance so far as the same can be,applicable thereto unless
the Court in any 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 inconsistent with any provisions
of this Ordinance.
[s. 27, rep. No. 7 of 1902 and No. 13 of 1911.]
28. In case the Court is of opinion that, notwithstanding the
provisions of this Ordinance, 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 transferred to the Original Jurisdiction
register.
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 ex-
ceeding 1,000 dollars and the action is in other respects within
the Summary Jurisdiction, the Court may order that the entry of
such action in the Original Jurisdiction register be transferred to
the register of summary actions.
30.-(1) It shall not be necessary on the transfer of an action
for the plaintiff to issue a new writ, but the Registrar shall indorse
on the same writ a memorandum that the achon has been trans-
ferred by order of the Court.
(2) The action shall then be carried on as if it had been coin-
menced 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 the provisions of sections 28 and 29.
31. No costs shall 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 it was ex-
pedient to bring in such manner.
32. All questions relating to fees and costs shall be determined
by the Registrar, subject to a review on summary application to
the Court in Chambers; and the amount allowed on such taxation
or review shall be recoverable as a judgment debt.
33. In all proceedings before, the Court in its Summary Jurisdic-
tion solicitors may practise as advocates.
34.-(1) A Puisne Judge shall, as a general rule,preside at the
trial of all actions in Summary Jurisdiction.
(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 7 days from the date of the judgment, apply to the Full
Court for leave to appear,and the Full Court may grant leave
to appeal on such terms as to notice and other matters as it may
think fit: Provided always that the Full Court may extend the
time 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 or may admit
further evidence.
36. Where the appeal is from a ruling or judgment on a question
of law or on a matter of discretion only, it shall be heard upon
a case to be stated by the parties (and,in the event of any
different,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.
38. The Court may stay execution on the application of the
appellant for such time and on such terms, if any, as to security
or otherwise, as it may deem just.
39. The sittings of the Court shall take place on such days as
May bc fixed by the Court.
40. Until forms are prescribed 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 from time to time in use in
the Supreme Court or in the Court of Summary Jurisdiction, 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 Ordinance,and shall (as regards the
form thereof) be valid and sufficient.
SCHEDULE. [s.13.]
FORM OF REGISTER OF SUMMARY ACTIONS.
IN THE SUPREME COURT OF HONGKONG,SUMMARY JURISDICTION.
Action in the Year 19
No. 5 of 1873, rep. by No. 8 of 1912.
Short title. Interpretation of terms. [cf. No. 3 of 1901.] Abolition of Court of Summary Jurisdiction. Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional. 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 claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of actions. Commencement of action by writ of summons. [cf. 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 for form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleader by bailiff. Application of Code of Procedure. [cf. No. 3 of 1901.] Transfer of action to Original Jurisdiction. Transfer of action to Summary Jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain cases where summary action brought in Original Jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in Summary Jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Power of Full Court on appeal. Stay of execution. Sittings of Court. Application of present forms.
To abolish the Court of Summary Jurisdiction,and to confer
upon the Supreme Court a summary jurisdiction at Law
and in Equity. [13th October,1873.]
1. The Supreme Court (Summary Jurisdiction) Ordinance,
1873.
2. In the Ordinance-
'The Supreme Court' or 'The Court' includes the Chief
Justice or any other Judge sitting in Court or in Chambers :
''The Judge' means the presiding Judge:
'The Registrar' means the Registrar of the Supreme Court:
'Bailitiff' means the officer appointed to execute the process of
the Supreme Court in its Summary Jurisdiction:
'The Original Jurisdiction Register' means the Cause Book
kept under the Code of Civil Procedure :
'The Register of Summary Actions' means the register of
actions established under this Ordinance:
''Original Jurisdiction' means the jurisdiction of the Supreme
Court on the trial of causes under the Code of Civil Procedure.
3. The Court of Summary Jurisdiction heretofore established is
abolished, and its seal and all the records thereof shall be deposited.
for custody in the Supreme Court.
[s. 4, rep. No. 62 of 1911.]
5. It shall be lawful for the Supreme Court to exercise a sum-
mary 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 label surrounding the same with
the inscription,'Supreme Court of Hongkong,Summary Jurisdic-
tion' ; and every writ or other process issued by the Supreme
Court in its Summary Jurisdiction shall be stamped with such seal.
7. It shall be, lawful for the Supreme Court to exercise a com-
jurisdiction at law in all actions where the claim, debt, or
damages sought to be recovered does or do not exceed the sum of
1,000 dollars, and in all actions for the recovery of the possession
of tenements where, the annual rent or value thereof does not
exceed that amount.
8. All actions for sum not exceeding 1,000 dollars shall be com-
menced within 3 years next after the cause of action accrues,
unless there has been some contract,acknowledgment, under-
taking, or promise to pay in respect thereof by the party to be
charged within 3 years before the commencement of such action.
9. No person shall be precluded or exempted from suing or being
sued for an debt or dainages not exceeding 1,000 dollars by reason
of his not having attained the full age, of 21 years, or by reason of
coverture where 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 1,000 dollars as aforesaid shall
be split or divided so as to be made the groond 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 any case has split his cause of action as aforesaid, the Court
shall dismiss the action, without prejudice, however, to the plain-
tiff's right to sue upon the cause of action in such other manner
as he may be advised : Provided that if such plaintiff is satisfied
to recover a sum not exceeding 1,000 dollars, then the Court shall
and may entertain the action of such plaintiff,and in case any
order is made in favour of such plaintiff,the same shall be express-
ed to be, and shall be, in full discharge of the whole cause of
action.
11. Whenever a cause of action, under any contract entered into
in relation to any department of the public service, in which the
sum sought to be recovered does not exceed 1,000 dollars, accrues
to the Crown against any person ,or whenever any person has a
claim against the Crown under any such contract,the chief officer
of such department may sue and to be sued on behalf of the Govern-
ment in respect of such cause of action or claim in any by his
official capacity and designation : 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.
12. It shall be lawful for the Supreme Court to exercise a sum-
mary jurisdiction 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 amount or value the
sum of 1,000 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 sum of 1,000
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 1,000 dollars;
(4) in all actions for the specific performance, or for the re-
forming, delivering 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 1,000 dollars ;
(5) in all actions for the dissolution or winding-up of any part-
nership, in which the whole property, stock, and credits of the
partnership do not exceed in amount or value the sum of 1,000
dollars; and
(6) in all proceedings for orders in the nature of injunctions,
where the same are requisite for granting relief in any matter in
which equitable jurisdiction is given to the Court by this Ordi-
narice :
Provided always ,that, on the day of trial specified in the writ of
surnmons, the, Judge may make a preliminary inquiry into the
claim, and, if satisfied that the case is within the provisions of
this section, may 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.
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 or as near thereto as circum-
stances permit,and shall contain the entries specified in the said
form.
(2) Every action or procceding, however instituted, shall be
numbered in each year according to the order in which the same
is commenced.
14. Every action under this Ordinance shall be commenced by
a writ of summons in the form prescribed by the Code of Civil
Procedure for 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 thercon full particiflars 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 thereof the
action shall be tried and determined in a summary way without
pleadings: Provided always that the Judge may order the plaintiff
to file, within such time as he 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 grounds.
16. The Judge may, in any 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 grounds as he may
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 such review to re-open and re-
try the case, wholly or in part, and to take fresh evidence, and to
reverse, vary, or confirm his previous judgment or decision.
18. Except by consent or leave of the Court, no cause or matter
in the Summary Jurisdiction of the Court shall be set down for
trial or hearing before at least 3 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 de-
fence or into any special defence, such as set-off,illegality, want
of consideration, or the statute of limitations, unless, at least 24
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 Juris-
diction of tbe Court shall be treated or considered as invalid, or
subject to be set aside, on account of any verbat or technical error ;
but all errors and mistakes may in all cases be amended or altered
by the Court.
(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 if the Court is satisfied that
any party who is not represented by a solicitor or counsel is pre-
vented by good canso from attending in person, the Court may
permit any relative,friend,or agent of such party,who satisfies
the Court that he was authority in that behalf, to appear on his
behalf.
(2) If such authority is in writing, it shall not be liable to stamp
duty.
21. The Court may,on the application of either party,order that
a common or special jury consisting of 3 person be empanelled for
the trial of any cause.
22. The Court may allow such reasonable sum of money for the
attendance and loss of time of parties and witnesses as may
think fit, and the same, may be, recovered as costs in the cause.
23. In the execution of a Judgment or order the bailiff shall in
the first instance, if practicable, levy on the goods, chattels, and
effects of the party against whom it is made, and in the event
of his not being able to find sufficient goods, chattels, or effects,
and of the said party failing to point out to his notice any porperty
whereon to levy, the bailiff shall enforce the judgment or order
by personal arrest and imprisonment.
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 him by the Act 8 Anne. c. 18, or any enactment
relating to the recovery of rent.
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 Register, on the application of the officer
charged with the execution 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 costs 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.
26. The provisions of the Code of Civil Procedure shall be
applied, mutatis mutandis, to actions brought under this Ordi-
nance so far as the same can be,applicable thereto unless
the Court in any 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 inconsistent with any provisions
of this Ordinance.
[s. 27, rep. No. 7 of 1902 and No. 13 of 1911.]
28. In case the Court is of opinion that, notwithstanding the
provisions of this Ordinance, 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 transferred to the Original Jurisdiction
register.
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 ex-
ceeding 1,000 dollars and the action is in other respects within
the Summary Jurisdiction, the Court may order that the entry of
such action in the Original Jurisdiction register be transferred to
the register of summary actions.
30.-(1) It shall not be necessary on the transfer of an action
for the plaintiff to issue a new writ, but the Registrar shall indorse
on the same writ a memorandum that the achon has been trans-
ferred by order of the Court.
(2) The action shall then be carried on as if it had been coin-
menced 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 the provisions of sections 28 and 29.
31. No costs shall 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 it was ex-
pedient to bring in such manner.
32. All questions relating to fees and costs shall be determined
by the Registrar, subject to a review on summary application to
the Court in Chambers; and the amount allowed on such taxation
or review shall be recoverable as a judgment debt.
33. In all proceedings before, the Court in its Summary Jurisdic-
tion solicitors may practise as advocates.
34.-(1) A Puisne Judge shall, as a general rule,preside at the
trial of all actions in Summary Jurisdiction.
(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 7 days from the date of the judgment, apply to the Full
Court for leave to appear,and the Full Court may grant leave
to appeal on such terms as to notice and other matters as it may
think fit: Provided always that the Full Court may extend the
time 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 or may admit
further evidence.
36. Where the appeal is from a ruling or judgment on a question
of law or on a matter of discretion only, it shall be heard upon
a case to be stated by the parties (and,in the event of any
different,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.
38. The Court may stay execution on the application of the
appellant for such time and on such terms, if any, as to security
or otherwise, as it may deem just.
39. The sittings of the Court shall take place on such days as
May bc fixed by the Court.
40. Until forms are prescribed 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 from time to time in use in
the Supreme Court or in the Court of Summary Jurisdiction, 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 Ordinance,and shall (as regards the
form thereof) be valid and sufficient.
SCHEDULE. [s.13.]
FORM OF REGISTER OF SUMMARY ACTIONS.
IN THE SUPREME COURT OF HONGKONG,SUMMARY JURISDICTION.
Action in the Year 19
No. 5 of 1873, rep. by No. 8 of 1912.
Short title. Interpretation of terms. [cf. No. 3 of 1901.] Abolition of Court of Summary Jurisdiction. Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional. 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 claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of actions. Commencement of action by writ of summons. [cf. 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 for form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleader by bailiff. Application of Code of Procedure. [cf. No. 3 of 1901.] Transfer of action to Original Jurisdiction. Transfer of action to Summary Jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain cases where summary action brought in Original Jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in Summary Jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Power of Full Court on appeal. Stay of execution. Sittings of Court. Application of present forms.
Abstract
Short title. Interpretation of terms. [cf. No. 3 of 1901.] Abolition of Court of Summary Jurisdiction. Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional. 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 claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of actions. Commencement of action by writ of summons. [cf. 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 for form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleader by bailiff. Application of Code of Procedure. [cf. No. 3 of 1901.] Transfer of action to Original Jurisdiction. Transfer of action to Summary Jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain cases where summary action brought in Original Jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in Summary Jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Power of Full Court on appeal. Stay of execution. Sittings of Court. Application of present forms.
Identifier
https://oelawhk.lib.hku.hk/items/show/798
Edition
1912
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 November 15, 2024, https://oelawhk.lib.hku.hk/items/show/798.
