Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21I

Orders of mandamus, prohibition and certiorari

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The Court of First Instance shall have jurisdiction to make orders of
mandamus, prohibition and certiorari in those classes of cases in which it had
power to do so immediately before the commencement of the Supreme Court
(Amendment) Ordinance 1987 (52 of 1987). (Amended 25 of 1998 s. 2)

(2) Every such order shall be final, subject to any right of appeal therefrom.

(3) The power of the Court of First Instance under any enactment to require,
magistrates or a judge or officer of a District Court to do any act relating
to the duties of their respective offices, or to require a magistrate to state
a case for the opinion of the Court of First Instance, in any case where the
Court of First Instance formerly had by virtue of any enactment jurisdiction
to make a rule absolute, or an order, for any of those purposes, shall be
exercisable by order of mandamus. (Amended 47 of 1997 s. 10; 25 of 1998 s. 2)

(4) In any enactment-

   (a)  references to a writ of mandamus, of prohibition or of certiorari
        shall be read as references to the corresponding order; and

   (b)  references to the issue or award of any such writ shall be read as
        references to the making of the corresponding order. (Added 52 of 1987
        s. 18) [cf. 1981 c. 54 s. 29 U.K.]