SUPREME COURT OF JUDICATURE BILL

Order for Committee Stage read.

Bill considered in Committee.

[Mr Speaker in the Chair]

6.01 p.m.

Clause 1 ordered to stand part of the Bill.

Clause 2 -

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move,

In page 1, line 18, to leave out "an" and insert "the".

This is to rectify a typographical error.

Amendment agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3 to 10 inclusive ordered to stand part of the Bill.

Clause 11 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 4, line 19, to leave out "of the Supreme Court".

These words are really not necessary.

Amendment agreed to.

Clause 11, as amended, ordered to stand part of the Bill.

Clause 12 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 4, line 23, to leave out "High" and insert "Supreme'.

This is to rectify a drafting error.

Amendment agreed to.

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 4, line 24, to leave out "one month and insert "two months".

This is to provide a longer vacation for the High Court from the original one month to two months so that, administratively, the full complement of Judges will be available throughout the legal working year.

Amendment agreed to.

Clause 12, as amended, ordered to stand part of the Bill.

Clause 13 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 5, lines 5 and 6, to leave out "section 23 of the Partnership Act, 1890" and insert "any provision of any written law relating to partnership".

Sir, as this clause imports an English Act, by the amendment as proposed, it will not be necessary in the future to make further amendments to this clause should there be any change in our partnership laws.

Amendment agreed to.

The Chairman: A consequential amendment will be made,

In page 5, line 6, the marginal reference "53 and 54 Vict, c. 39." will be omitted.

Clause 13, as amended, ordered to stand part of the Bill.

Clauses 14 to 18 inclusive ordered to stand part of the Bill.

Clause 19 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 7, lines 7 and 13, to leave out "Criminal".

Sir, it would be preferable that the expression "District Courts" appearing in this clause should not be qualified by the adjective "Criminal" or "Civil". This would be in line with the Subordinate Courts Ordinance and would also avoid the necessity of any amendment should the present division between Civil District Courts and Criminal District Courts be done away with in the near future and the jurisdiction of these courts merged.

Amendment agreed to.

Clause 19, as amended, ordered to stand part of the Bill.

Clause 20 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 7, lines 20 and 21, to leave out "Civil" and "Criminal" respectively.

Sir, the reason for this amendment is similar to that given for clause 19.

Amendment agreed to.

Clause 20, as amended, ordered to stand part of the Bill.

Clauses 21 to 36 inclusive ordered to stand part of the Bill.

Clause 37 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 11, line 30, to leave out "for oaths".

This is to rectify a drafting error.

Amendment agreed to.

Clause 37, as amended, ordered to stand part of the Bill.

Clauses 38 to 45 inclusive ordered to stand part of the Bill.

Clause 46 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 14, to leave out lines 15 to 27 inclusive.

Sir, these amendments are considered necessary consequent upon the abolition of trial by jury under the Criminal Procedure Code (Amendment) Bill.

Amendment agreed to.

The Chairman: In consequence of that, in page 14, line 14, the colon should be omitted and a full-stop inserted.

Clause 46, as amended, ordered to stand part of the Bill.

Clauses 47 to 54 inclusive ordered to stand part of the Bill.

Clause 55 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 17, lines 36 and 37, to leave out "but such evidence shall not be taken in the presence of a jury".

The reason for this amendment is similar to that given for clause 46.

Amendment agreed to.

Clause 55, as amended, ordered to stand part of the Bill.

Clauses 56 to 60 inclusive ordered to stand part of the Bill.

6.15 p.m.

Clause 61 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 20, line 16, to leave out "an" and insert "the".

This is to rectify a typographical error.

Amendment agreed to.

Clause 61, as amended, ordered to stand part of the Bill.

Clause 62 -

Mr Barker: Mr Speaker, Sir, I beg to move,

Mr Barker: In page 20, line 19, after "62.", to insert -"-(1) The Registrar, the Deputy Registrar and the Assistant Registrar shall subject to the provisions of this Act or any other written law have the same jurisdiction, powers and duties as the Masters of the Supreme Court, Clerks of Criminal Courts, Registrars and like officers in the Supreme Court of Judicature in England and, in addition, such further jurisdiction, powers and duties as may be prescribed by Rules of Court.". Sir, this is to define the powers and duties of the Registrar, the Deputy Registrar and the Assistant Registrar of the Supreme Court.

Mr Speaker, Sir, I beg to move,

Amendment agreed to.

In page 20, line 21, to leave out "an" and insert "the".

This is to rectify a typographical error.

Amendment agreed to.

The Chairman: In consequence of these amendments, the existing clause 62 will be re-numbered as sub-clause (2), and in the marginal note, after the word "of", to insert "Registrar,".

Clause 62, as amended, ordered to stand part of the Bill.

Clause 63 -

Question, "That clause 63 stand part of the Bill," put, and negatived.

Clause 63 accordingly disagreed to.

New clause 63 "Sheriff 63.- (l) The Registrar shall be and the Sheriff and the Deputy Registrar Deputy shall be the Deputy Sheriff of the Sheriff Supreme Court. of Supreme (2) The Deputy Sheriff shall Court. have all the powers and privileges and may perform all the duties of the Sheriff.".- [Mr Barker].

Brought up, and read the First time.

Mr Barker: Mr Speaker, Sir, I beg to move, "That the clause be read a Second time."

Sir, this is to provide for the Registrar of the Supreme Court to be Sheriff of the Supreme Court and the Deputy Registrar to be Deputy Sheriff with all the powers and privileges and who may perform all the duties of the Sheriff.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

Clause 64 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 20, lines 29 and 30, to leave out "warrants, orders, notices and other mandatory processes" and insert "rules, orders, warrants, commands and process".

This is a consequential amendment as a result of the deletion of clause 73 from the Bill which we will deal with later, Sir.

Amendment agreed to.

Clause 64, as amended, ordered to stand part of the Bill.

Clauses 65 to 72 inclusive ordered to stand part of the Bill.

Clause 73 -

Question proposed, "That clause 73 stand part of the Bill."

Mr Barker: Mr Speaker, Sir, it is intended that the Question, "That clause 73 stand part of the Bill," be negatived.

It is considered that this clause is not really necessary in the Bill.

Question put, and negatived.

Clause 73 accordingly disagreed to.

The Chairman: In consequence, the cross heading "Writs of Supreme Court" in page 22, line 37, will be omitted, and the subsequent clauses will be re-numbered consequent on the deletion of clause 73.

Clauses 74 to 80 inclusive ordered to stand part of the Bill. Clause 81 -

Amendment made: In page 26, after line 31, to insert - " (c) regulating and prescribing the procedure to be followed in regard to M.Ord. 58 proceedings under the Government of 1956 Proceedings Ordinance 1956, where, such proceedings are instituted in the Supreme Court;". -[Mr Barker].

The Chairman: In consequence of this, paragraphs (c) to (p) of this clause will be respectively re-lettered (d) to (q).

Clause 81, as amended, ordered to stand part of the Bill.

Clauses 82 to 86 inclusive ordered to stand part of the Bill.

First Schedule ordered to stand part of the Bill.

Second Schedule -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 32, lines 31 and 32, to leave out "warrants, orders and other mandatory processes" and insert "rules, orders, warrants, commands and process".

This is a consequential amendment in view of the amendment made to clause 64 and the deletion of clause 73 from the Bill.

Amendment agreed to.

Second Schedule, as amended, ordered to stand part of the Bill.

Bill reported with amendments; read a Third time and passed.