PUBLIC SERVANTS (LIABILITIES) ORDINANCE

PUBLIC SERVANTS (LIABILITIES) ORDINANCE

CHAPTER 92.

PUBLIC SERVANTS (LIABILITIES).

To protect certain public servants from legal proceedings in,

respect of certain liabilities.

[30th March, 1917.]

1. This Ordinance may be cited as the Public Servants

(Liabilities) Ordinance.

2. In this Ordinance-

'action' includes legal proceedings and process of every description
other than criminal and includes proceedings in bankruptcy

'public servant' means 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 five hundred dollars a month, exclusive of any
allowances.

(3) Nothing in this section shall affect the right of the holder of
any security to realize the same by sale or foreclosure.

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 be raised as a defence or not.
Originally 10 of 1917. Fraser. 10 of 1917. 9 of 1950. Short title. Interpretation. Actions not to lie against public servants in certain cases. 9 of 1950. Schedule. Proceedings in contravention of this Ordinance to be void.

Originally 10 of 1917. Fraser. 10 of 1917. 9 of 1950. Short title. Interpretation. Actions not to lie against public servants in certain cases. 9 of 1950. Schedule. Proceedings in contravention of this Ordinance to be void.

https://oelawhk.lib.hku.hk/items/show/1793

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