Powers of judge in chambers.
[cf. 1925 c. 49, s. 61.]
33. (1) A judge of the High Court may, subject to rules of court, exercise in chambers all or any part of the jurisdiction vested in the High Court, in all such causes and matters and in all such proceedings in any causes or matters as may be heard in chambers by a judge of the High Court in England or as may be directed or authorized to be so heard by rules of court.
(2) A judge of the High Court sitting in court shall be deemed to constitute a court of the High Court.
Sittings of Court of Appeal. 34. (1) Subject to subsection (2), every appeal to the Court of Appeal—
- (a) against a final order or judgment;
- (b) by way of motion for a new trial or to set aside a verdict, finding or judgment in any cause or matter in the High Court in which there has been a trial thereof or of any issue therein with a jury; or
- (c) under Part IV of the (Cap. 221.)Criminal Procedure Ordinance,
shall be heard before an uneven number of judges, not being less than three.
(2) An appeal against an interlocutory order or judgment may be heard before not less than two judges.
(3) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to—
- (a) an appeal from a judgment or order made by him; or
- (b) an appeal against a conviction before him or a sentence passed by him.
(4) Subject to subsection (6), where a Court of Appeal consisting of three or more judges sits, the judgment or order which is that of the majority of the judges sitting shall be deemed to be the judgment or order of the Court of Appeal, but if there is no judgment or order which is that of a majority of the judges sitting, the judgment or order appealed from shall be deemed to be the judgment or order of the Court of Appeal.
(5) Where a Court of Appeal consisting of two judges only sits and the two judges differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they make as to which they do not differ:
Provided that—
- (a) if the judgment or order appealed from is not so modified or affected, it shall be deemed to be the judgment or order of the Court of Appeal; or
- (b) if the judgment or order appealed from is so modified or affected, it shall, as so modified or affected, be deemed to be the judgment or order of the Court of Appeal.
(6) In the case of an appeal under Part IV of the (Cap. 221.)Criminal Procedure Ordinance, if no two of the judges agree as to the judgment or order to be made—
- (a) the judgment or order of the trial judge; or
- (b) where there is no such judgment or order, the judgment or order of the President,
shall be deemed to be the judgment of the Court of Appeal.
