PUBLIC SERVANTS LIABILITIES ORDINANCE, 1917

PUBLIC SERVANTS LIABILITIES ORDINANCE, 1917

No. 10 of 1917.

An Ordinwice to pIrotect certain Public senants from legal
P7oceedings in 7espect of certain liabilities.

[30th March, 1(17.1]

1. This Ordinance may be cited as the Public Servants
Liabilities Ordinance,' 1917.

2. In this Ordinance,

(a) 'Action' includes legal proceedings and process of
every description other than criminal and includes proceedings
in bankruptcy;

1 (b) ---Public servant ' ineans any person holding any
permanent appointment the emoluments of which are wholly
or in part directly derived from the revenues of the Colony.

3.--(1) No action shall be maintained against a public
servant-

(a) upon any promise express or implied to repay money
paid or advanced to him or to another person at his request;

(b) upon any promise express or implied to be answerable
for the debt or default of another person; or

(c) upon any bond, bill of exchange, promissory note or
other like instrument made, drawn, accepted, indorsed or given
by him.

(2) This section shall not apply to any public servant
whose substantive pay, at the date when the liability sought
to be enforced is contracted, exceeds two hundred dollars a
month, exclusive of any, allowances.

(3) Nothing in thlis section shal) allect the right of the
holder of any security to realize the same by sale or fore-
closure.

4. All proceedings and documents in or incidental to an
action in contravention of this Ordinance shall be absolutely
null and void for all purposes, whether the Ordinance bp raised
as a defence or not.

As amended by Law Rev. Ord., 1939, Supp. Sched,
[Originally No. 10 of 1917. Law Reg. Ord., 1939.] Short title. Interpretation. Actions not to lie against public servants in certain cases. Proceedings in contravention of this Ordinance to be void.

[Originally No. 10 of 1917. Law Reg. Ord., 1939.] Short title. Interpretation. Actions not to lie against public servants in certain cases. Proceedings in contravention of this Ordinance to be void.

https://oelawhk.lib.hku.hk/items/show/1546

1937

v3

No. 10 of 1917

1