Western Pacific (Courts) Order in Council, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1506 |
| Year | 1961 |
1961 No. 1506
PACIFIC ISLANDS
The Western Pacific (Courts) Order in Council, 19612ndAugust 1961
9thAugust 1961
On a day or days to be appointed by the High Commissioner under Section 1 (4)
At the Court at Buckingham Palace, the 2nd day of August, 1961
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts, 1887 and 1945(a), the Pacific Islanders Protection Acts, 1872 and 1875(b), the Colonial Courts of Admiralty Act, 1890(c), the Foreign Jurisdiction Act, 1890(d), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
PRELIMINARY
Short title, application and commencement.
1.—(1) This Order may be cited as the Western Pacific (Courts) Order in Council, 1961.
(2) The provisions of Articles 4, 5 and 6 of the principal Order, of Article VI of the Gilbert and Ellice Islands Order in Council, 1915(e), and of Article 10 of the New Hebrides Orders in Council, 1922 to 1955(f), shall apply to and in relation to this Order as they apply to and in relation to the principal Order.
(3) The proviso to Article 6 of the principal Order shall apply in relation to the jurisdiction under this Order as it applies in relation to the jurisdiction under that Order.
(4) This Order shall come into operation on a date to be appointed by the High Commissioner by Proclamation, which date shall not be earlier than the day after the day on which this Order shall have been laid before both Houses of Parliament, and different days may be appointed for the coming into operation of different provisions of this Order and for the coming into operation in different territories of any of the said provisions.
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) 35 & 36 Vict. c. 19 and 38 & 39 Vict. c. 51.
(c) 53 & 54 Vict. c. 27.
(d) 53 & 54 Vict. c. 37.
(e) Rev. IX, p. 655.
(f) S.R. & O. 1922/717, 1923/356 (Rev. VIII, pp. 719, 757: 1922, p. 324; 1923, p. 337); S.I. 1955/553 (1955 II, p. 1700).
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"Deputy Commissioner" means a Deputy Commissioner appointed under the provisions of the principal Order;
"High Commissioner" means Her Majesty's High Commissioner for the Western Pacific appointed under the provisions of the principal Order and includes any officer for the time being exercising the powers of the High Commissioner, and also to the extent to which an Assistant High Commissioner is authorised to exercise the powers of the High Commissioner, such Assistant High Commissioner;
"High Commissioner's Court" means Her Majesty's High Commissioner's Court in any territory, as constituted under the provisions of the principal Order, immediately before the date upon which Section 3 of this Order comes into operation in such territory;
"High Court" means the High Court of the Western Pacific for which provision is made by this Order and, save where the context otherwise requires, includes the High Commissioner's Court;
"Judge" means a Judge of the High Court and includes any person for the time being lawfully acting as a Judge;
"judgment" includes decree, order, sentence and decision;
"Judicial Commissioner" means a Judicial Commissioner appointed by or under the provisions of the principal Order;
"jurisdiction" includes powers, authorities and other functions;
"the principal Order" means the Pacific Order in Council, 1893(a), as from time to time amended;
"territory" means the whole or any part of any territory, area or place in or in relation to which jurisdiction is for the time being exercisable under the provisions of this Order.
(2) Save as in this Order otherwise provided or as required by the context, the Interpretation Act, 1889(b), shall apply, with the necessary adaptations, for the purposes of interpreting this Order and otherwise in relation thereto as it applies for the purposes of interpreting, and in relation to, Acts of Parliament of the United Kingdom.
PART II
THE HIGH COURT
Existing Court to continue under new style.
3. Save as provided by Section 26 of this Order, the High Commissioner's Court constituted by the principal Order shall be reconstituted in accordance with the provisions of this Order and shall be styled the High Court of the Western Pacific and, as heretofore, shall be a Superior Court of Record.
Judges of the High Court.
4.—(1) The Judges of the High Court shall consist of a Chief Justice and such number of Puisne Judges as may from time to time be appointed under this Order.
(2) The Chief Justice shall be styled the Chief Justice of the Western Pacific and shall be President of the High Court.
(3) The Judges shall be appointed by the High Commissioner by Letters Patent under his seal in pursuance of instructions given by Her Majesty through a Secretary of State.
(a) Rev. VIII, p. 597; S.R. & O. 1893, p. 312).
(b) 52 & 53 Vict. c. 63.
(4) (a) A person shall not be qualified for appointment as a Judge unless he is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or he is qualified to practise as an advocate in such a court and he has been qualified for not less than five years to practise as an advocate or solicitor in such a court.
(b) In computing, for the purposes of this paragraph, the period during which any person has been qualified to practise as an advocate or solicitor, any period during which he has held judicial office after becoming so qualified shall be included.
(c) The reference in this paragraph to a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth shall be construed as if it included a reference to a court having such jurisdiction in the Republic of Ireland.
(5) A Judge shall ordinarily reside in such territory as the Chief Justice, with the concurrence of the High Commissioner, may direct.
(6) Subject to the provisions of this Order, a Judge shall, if the High Commissioner, with the consent of a Secretary of State, so directs, be in the service of such territory as the High Commissioner shall specify, and accordingly the laws, regulations and instruments from time to time in force in that territory relating to pensions, gratuities and other like benefits or to terms and conditions of service shall apply in relation to him with such variations or modifications as a Secretary of State may from time to time direct.
(7) When the Chief Justice is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively to the same office, and when two persons are holding the same office by reason of an appointment made pursuant to this subsection then for the purposes of any function conferred upon the holder of the office of Chief Justice the person last appointed to the office shall be deemed to be the Chief Justice.
Acting Judges.
5.—(1) If the office of Chief Justice is vacant, or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such one of the Judges or such other person qualified for appointment as a judge of the High Court as the High Commissioner may appoint to act as Chief Justice.
(2) If a Judge vacates his office or is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his office, or if the High Commissioner, after consultation with the Chief Justice, is satisfied that the state of business in the High Court requires that the number of Judges should be temporarily increased, the High Commissioner, after consultation with the Chief Justice, may appoint a person to act as a Judge.
(3) Without prejudice to the provisions of the following subsection, a person appointed under this Section to act as Chief Justice or as a Judge shall, unless he earlier resigns his acting office or is removed therefrom under Section 6 of this Order, continue so to act until the end of the period for which he was appointed or, if he was not appointed for a specified period, until his appointment is revoked by the High Commissioner, after consultation with the Chief Justice.
(4) Any person appointed to act as a Judge under the provisions of this Section may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Judge for the purpose of giving judgment or otherwise in relation to any proceeding commenced before him while his appointment was subsisting.
(5) Any appointment of a person to act as the Chief Justice or to act as a Judge under this Section shall be made by instrument under the hand and seal of the High Commissioner except in the case of an appointment of a Judge to perform the functions of the Chief Justice.
Tenure of office of Judges.
6.—(1) Subject to the following provisions of this Section a Judge shall hold office until he attains the age of sixty-two years:
Provided that the High Commissioner may permit a Judge who has attained the age of sixty-two years to remain in office for such fixed period not exceeding three years as may have been agreed between the Judge and the High Commissioner.
(2) A Judge may at any time resign his office by writing under his hand addressed to the High Commissioner.
(3) Nothing done by a Judge shall be invalid by reason only that he has attained the age at which he is required by or under this Section to vacate his office.
(4) The office of a Judge shall not be abolished during his continuance in office.
(5) A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour...
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