The Hong Kong (Appeal to Privy Council) (Amendment) Order 1980

Statutory Instruments

1980 No. 1078

JUDICIAL COMMITTEE

The Hong Kong (Appeal To Privy Council) (Amendment) Order 1980

Made

28th July 1980

Coming into Operation

26th August 1980

At the Court at Buckingham Palace, the 28th day of July 1980

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 24 of the Judicial Committee Act 1833 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:—

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

(3) This Order shall come into operation on 26th August 1980.

2.  Paragraph (a) of Rule 2 of the Rules contained in the principal Order is amended by the substitution for the reference to $50,000, in both cases where it occurs, of a reference to $200,000.

3.  The principal Order is amended by adding after Rule 3 the following Rule—

“3A.— (1) The Court may, on such terms as it thinks just, by order extend the period within which the Applicant is required or authorised by Rule 3 to do any act.

(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.”

4.  Paragraph (a) of Rule 4 of the Rules contained in the principal Order is amended by the substitution for the reference to $30,000 of a reference to $100,000.

N.E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

The Rules regulating appeals from Hong Kong to the Privy Council confer a right of appeal from any final judgment where the matter in dispute or claim amounts to $50,000 or upwards. This Order increases that amount to $200,000. It also increases the maximum security that may be required from an appellant for the due prosecution of an appeal and for any costs awarded against him, from $30,000 to $100,000.

The Rules also specify a time limit of 14 days within which notice of appeal shall be given. This Order gives the Court the power to extend this period.

(1)

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