Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 16

Law and equity to be administered in High Court

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The Court of Appeal and the Court of First Instance, when exercising
jurisdiction in any civil cause or matter, shall continue to administer law
and equity on the basis that, wherever there is any conflict or variance
between the rules of equity and the rules of the common law with reference to
the same matter, the rules of equity shall prevail.

(2) The Court of Appeal and the Court of First Instance shall give the same
effect as hitherto-

   (a)  to all equitable estates, titles, rights, reliefs, defences and
        counterclaims, and to all equitable duties and liabilities; and

   (b)  subject thereto, to all legal claims and demands and all estates,
        titles, rights, duties, obligations, and liabilities existing by the
        common law or by any custom or created by any Ordinance, and shall so
        exercise its jurisdiction in every cause or matter before it as to
        secure that, as far as possible, all matters in dispute between the
        parties are completely and finally determined, and all multiplicity of
        legal proceedings with respect to any of those matters is avoided.

(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or
the Court of First Instance to stay any proceedings before it, where it thinks
fit to do so, either of its own motion or on the application of any person,
whether or not a party to the proceedings. (Replaced 52 of 1987 s. 11. Amended
25 of 1998 s. 2) [cf. 1981 c. 54 s. 49 U.K.]