Statutory Instruments

1985 No. 1635

JUDICIAL COMMITTEE

The Hong Kong (Appeal To Privy Council) (Amendment) Order 1985

Made

30th October 1985

Coming into Operation

1st December 1985

At the Court of Saint James, the 30th day of October 1985

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 27th day of September 1985, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Edward, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 24 of the Judicial Committee Act 1833, and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Hong Kong (Appeal to Privy Council) (Amendment) Order 1985 and shall be construed as one with the Hong Kong (Appeal to Privy Council) Order in Council 1909(1), which Order, as amended by the Hong Kong (Appeal to Privy Council) (Amendment) Order in Council 1957, the Hong Kong (Appeal to Privy Council) (Amendment) Order 1971 and the Hong Kong (Appeal to Privy Council) (Amendment) Order 1980, is referred to as “the principal Order”.

(2) This Order, the Hong Kong (Appeal to Privy Council) Order in Council 1909, the Hong Kong (Appeal to Privy Council) (Amendment) Order in Council 1957, the Hong Kong (Appeal to Privy Council) (Amendment) Order 1971 and the Hong Kong (Appeal to Privy Council) (Amendment) Order 1980 may be cited together as the Hong Kong (Appeal to Privy Council) Orders 1909 to 1985.

(3) This Order shall come into operation on 1st December 1985.

2.  Paragraph (a) of Rule 2 of the Rules contained in the principal Order is amended by deleting “$200,000”, in both cases where it occurs, and substituting in each case “$500,000”.

3.  Paragraph (a) of Rule 4 of the Rules contained in the principal Order is amended by deleting “$100,000” and substituting “$200,000 in respect of each respondent”.

G.I. de Deney

Clerk of the Privy Council

EXPLANATORY NOTE

This Order raises the value of the matter in dispute required to confer a right of appeal from Hong Kong to the Privy Council from $200,000 to $500,000; and raises the maximum security for costs from $100,000 to $200,000 in respect of each respondent.

(1)

S.R. & O. (Rev. XI p.374).