Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 34B

Composition of Court of Appeal in its civil jurisdiction

(Past version on 30/06/1997).

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

(1) This section relates to the Court of Appeal in the exercise of
its civil jurisdiction; and in this section "Court" (法庭) means the Court
of Appeal exercising such jurisdiction.

(2) The Court shall be duly constituted for the purpose of exercising any of
its jurisdiction if it consists of an uneven number of Justices of Appeal not
less than 3.

(3) Where-

   (a)  part of any proceedings before the Court has been heard by an uneven
        number of Justices of Appeal greater than 3; and

   (b)  one or more members of the Court is or are unable to continue, the
        Court shall remain duly constituted for the purpose of those
        proceedings so long as the number of members (whether even or uneven)
        is not reduced to less than 3.

(4) The Court shall, if it consists of 2 Justices of Appeal, be duly
constituted for the purpose of-

   (a)  hearing and determining any appeal against an interlocutory order or
        interlocutory judgment;

   (b)  hearing and determining any appeal against a decision of single
        Justice of Appeal acting by virtue of section 35(1);

   (c)  hearing and determining any appeal where all the parties have before
        the hearing filed a consent to the appeal being heard and determined
        by 2 Justices of Appeal;

   (d)  hearing the remainder of, and determining, any appeal where part of it
        has been heard by 3 or more Justices of Appeal of whom one or more are
        unable to continue and all the parties have consented to the remainder
        of the appeal being heard, and the appeal being determined, by 2
        remaining Justices of Appeal; or

   (e)  hearing and determining an appeal of any such description or in any
        such circumstances not covered by paragraphs (a) to (d) as may be
        prescribed for the purposes of this subsection by an order made by the
        Chief Justice.

(5) Where-

   (a)  an appeal has been heard by the Court consisting of an even number of
        Justices of Appeal; and

   (b)  the members of the Court are equally divided, the case shall, on the
        application of any party to the appeal, be re-argued before and
        determined by an uneven number of Justices of Appeal not less than 3,
        before any appeal to the Court of Final Appeal. (Amended 79 of 1995 s.
        50)

(6) In any cause or matter pending before the Court a single Justice of Appeal
may at any time during any vacation make an interim order to prevent prejudice
to the claims of any parties pending an appeal.

(7) Section 53 shall apply in relation to causes and matters before the Court
as it applies in relation to causes and matters before the Court 
of First Instance. (Added 52 of 1987 s. 27. Amended 25 of 1998 s. 2) [cf. 1981
c. 54 s. 54 U.K.]

"Court" (法庭)