Page:Supreme Court Ordinance 1975 (Cap. 4).pdf/20

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A406
Ord. No. 92/75
SUPREME COURT

PART VIII
General

Repeal and amendment.
(Cap. 2.)
(Cap. 4.)
Schedule.
58. (1) The Full Court Ordinance and the Supreme Court Ordinance are repealed.

(2) The Ordinances specified in the Schedule are amended in the manner specified therein.

Amendment of references in laws to Full Court and Supreme Court. 59. In any law, unless the context otherwise requires―

(a) for any reference to the Full Court, there shall be substituted a reference to the Court of Appeal;
(b) for any reference to the Supreme Court, there shall be substituted a reference to the High Court; and
(c) any reference to a judge or officer of the Full Court or the Supreme Court shall be construed as a reference to a judge or officer of the Court of Appeal and the High Court, respectively.

Transitional. 60. (1) Any civil or criminal proceeding pending in the Full Court or the Supreme Court at the commencement of this Ordinance shall continue in and be determined by the Court of Appeal and the High Court, respectively, save that any application for habeas corpus or for an order of mandamus, certiorari or prohibition so pending in the Full Court shall continue in and be determined by the High Court.

(2) Any civil or criminal proceeding being tried or heard before the Supreme Court or the Full Court at the commencement of this Ordinance shall continue before the High Court and the Court of Appeal, respectively, and in the case of a proceeding before the Full Court any judge constituting that Full Court shall be deemed to be a Justice of Appeal for the purposes of that proceeding notwithstanding that he has not been appointed as such under this Ordinance; but any application for habeas corpus or for an order of mandamus, certiorari or prohibition being heard before the Full Court at the commencement of this Ordinance shall continue before the High Court and any judge constituting that Full Court who has been appointed a Justice of Appeal under this Ordinance shall be deemed to be a judge of the High Court for the purposes of the hearing and determination of that application.

(3) Without prejudice to subsections (1) and (2), the Chief Justice may by order make such provision, either generally or with respect to any particular case or proceeding, as may be necessary to ensure effective transition from the repealed (Cap. 4.)Supreme Court Ordinance to this Ordinance. (Cap. 1.)

FIRST SCHEDULE
[s. 58(2).]

Consequential Amendments

Ordinance Amendment
(Cap. 1.)Interpretation and General Clauses Ordinance Section 3 is amended by deleting the definition of “judge” and substituting the following—
““judge” means the Chief Justice, a Justice of Appeal, a judge of the High Court of Justice and a Commissioner of the High Court of Justice;”.