Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/18

A2116 '''41. Registry'''

There shall be a Registry of the Court, which shall be in the charge of the Registrar.

42. The Registrar

(1) There shall be attached to the Court a Registrar.

(2) The Registrar shall be appointed by the Governor and shall possess the same qualifications as are required for appointment as the Registrar of the Supreme Court.

(3) The Registrar shall have and may exercise and perform such jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law.

(4) The Chief Justice may appoint such other officers of the Court as may be required for the conduct of business of the Court who may exercise and perform such jurisdiction, powers and duties as may be conferred or imposed on them by or under rules of court or any other law.

(5) The Chief Justice shall, in the absence of the Registrar for any cause, appoint a person to act in his place.

43. Costs

Costs, including costs in the courts below or before a magistrate, shall be paid by such party or person as the Court shall order, and such costs shall be taxed by the Registrar, or some other officer of the Court to whom the Registrar may delegate this function.

44. Non-prosecution of appeal

(1) Where an appellant, who has obtained final leave to appeal under Part II or leave to appeal under Part III, fails to prosecute his appeal with due diligence, the Court may dismiss the appeal for non-prosecution, or give such other directions as it thinks fit.

(2) An appellant whose appeal has been dismissed for non-prosecution may apply to the Court for an order that his appeal be restored.

(3) Where an appeal has been dismissed under this section a respondent may apply to the Court for an order for costs.

45. Appeal from decision on taxation

(1) Any party aggrieved by a decision on a taxation of costs may appeal to the Court in accordance with rules of court.

(2) A permanent judge may exercise all the powers of the Court to hear and determine an appeal under this section.