Sir Hector Horace Hearne (23 February 1892 – 31 December 1962) was an English barrister and judge.
Hearne was born in 1892, the son of Samuel Hearne and Edith (née Butterfield). He joined the Colonial Service as an Assistant District Commissioner, in Uganda in 1916.
After holding the appointments of first class magistrate, district magistrate, senior magistrate and acting puisne judge, Hearne was appointed as a puisne judge (High Court judge), Tanganyika Territory (East Africa) in 1933/1934, where he acted as Chief Justice in 1935 and 1936. In 1936-1937, he was appointed a puisne judge in Ceylon, and sat in the Supreme Court in Colombo. He stayed there for most of the Second World War.
As a puisne judge of the Supreme Court of Ceylon, the judgments of Mr Justice Hearne were subject to at least two appeals to the Privy Council in London. The reported cases appear in the English law reports. They are: Abdul Hameed Sitti Kadija v De Saram [1946] AC 208 and Vander Poorten v Settlement Officer [1946] AC 271. The former case concerned construction of a will; the latter concerned the Waste Lands Ordinance, No 1 of 1897, ss 18, 20. The second case is probably of historical interest only; the first may conceivably still be a relevant authority (i.e. part of English caselaw). In the first case, Hearne J (as he is cited in the law reports) was one of the majority in the Supreme Court which made the decision which was appealed to the Privy Council. A fellow High Court Judge dissented; and the Privy Council upheld the dissenter, thus finding that Hearne J and his colleagues were in error. The second appeal was also allowed, another finding that Hearne and his colleagues had erred.
Hearne was created a Knight in 1946, and was known thereafter as Sir Hector. [1] Unlike a number of his fellow judges, he was never made King's (or Queen's) Counsel. He was an honorary judge in the Queen's Bench division.
He held the position of Chief Justice in Kenya until 1954 when he became an appeal justice of the West African Court of Appeal, a position he held between 1954 and 1955. He was Acting President of the West African Court of Appeal in 1958. His speciality was Roman Law. Horace's last entry in the Law List as a barrister was 1963.
^Mitchell, P.E. (29 May 1951). "Government Notice No 593". The Official Gazette of the Colony and Protectorate of Kenya. Vol. 53, no. 27. Nairobi. p. 1. Retrieved 22 June 2016.