Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.21I

Orders of mandamus, prohibition and certiorari

(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.