Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.16

Law and equity to be administered in High Court

(1)
The Court of Appeal and the Court of First Instance, when exercising
                jurisdiction in any civil cause or matter, shall continue to administer law and
                equity on the basis that, wherever there is any conflict or variance between the
                rules of equity and the rules of the common law with reference to the same matter,
                the rules of equity shall prevail.
(2)
The Court of Appeal and the Court of First Instance shall give the same effect
                as
hitherto—
(a)
to all equitable estates, titles, rights, reliefs, defences and
                    counterclaims, and to all equitable duties and liabilities; and
(b)
subject thereto, to all legal claims and demands and all estates, titles,
                    rights, duties, obligations, and liabilities existing by the common law or by
                    any custom or created by any Ordinance,
and shall so exercise its jurisdiction in every cause or matter before it as
                to secure that, as far as possible, all matters in dispute between the parties are
                completely and finally determined, and all multiplicity of legal proceedings with
                respect to any of those matters is avoided.
(3)
Nothing in this Ordinance shall affect the power of the Court of Appeal or the
                Court of First Instance to stay any proceedings before it, where it thinks fit to do
                so, either of its own motion or on the application of any person, whether or not a
                party to the proceedings.