CROWN PROCEEDINGS ORDINANCE

CROWN PROCEEDINGS ORDINANCE

do
LAWS OF HONG KONG

CROWN PROCEEDINGS ORDINANCE

CHAPTER 300

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 300.

CROWN PROCEEDINGS ORDINANCE.

AIMANGEMENT OF SECTIONS.

Section. .................................. Page

PART 1.
PRELIMINARY.

1. Short title............................. ... ... ... ... ... ... ... ... 3

2. Interpretation........................ ... ... ... ... ... ... ... ... 3

PART IL
SUBSTANTIVE LAW.

3.................Right to sue the Crown ..... ... ... ... ... ... ... ... ... ... 4
4.................Liability of the Crown in tort ... ... ... ... ... ... ... ... ... 4

5........................Provisions as to industrial property ... ... ... ... ... ... ... 5

6. Application of law as to indemnity, contribution, joint and several

tortfeasors, and contributory negligence ... ... ... ... ... ... 6
7..........................Liability in connexion with postal packets ... ... ... ... ... ... 6
8..........................Provisions relating to the armed forces 1 ... ... ... ... ... 8

9. Saving in respect of acts done under prerogative and statutory powers 10

PART III.
JURISDICTION AND PROCEDURE.

10..........................Civil proceedings in the Supreme Court ... ... ... ... ... ... 10

11.......................Civil proceedings in the District Court ... ... ... ... ... ... ... 10

12............Interpleader .................... ... ... ... ... ... ... ... ... 10

13................Parties to proceedings ...... ... ... ... ... ... ... ... ... ... 11
14................Service of documents ........ ... ... ... ... ... ... ... ... 11

15.......................Removal and transfer of proceedings ... ... ... ... ... ... ... 11

16............Nature of relief ............... ... ... ... ... ... ... ... ... ... 11

17.................................Costs in civil proceedings to which the Crown is a party ... ... ... 12

18.....................Appeals and stay of execution ... ... ... ... ... ... ... ... 12

19..............Scope of Part 111 ......... ... ... ... ... ... ... ... ... ... 12

PART IV.
JUDGMENTS AND EXECUTION.

20.......................Interest on debts, damages and costs ... ... ... ... ... ... ... 14
21.......................Satisfaction of orders against the Crown ... ... ... ... ... ... 14

22................Execution by the Crown ...... ... ... ... ... ... ... ... ... ... 15

23............................Attachment of moneys payable by the Crown ... ... ... ... ... is





Section...................................... Page.

PART V.
MISCELLANEOUS AND
SUPPLEMENTAL.

24...........Discovery ....................... ... ... ... ... ... ... 16

25, Exclusion of proceedings in rem against the Crown ... ... ... ... 16

26. Limitation of actions .................. ... ... ... ... ... ... 17
27. Application to the Crown of certain statutory provisions 17

28. No abatement on demise of Crown ........... ... ... ... ... ... 17
29. Abolition of certain writs ............. ... ... ... ... 17

30. Rules of court ........ . ......... 1 . ... ... ... ... ... 17

31. Pending proceedings .................... ... ... ... ... .. ... ... 18
32. Financial provisions ................... ... ... ... ... ... ... ... 19

33. Statutes no longer effective ...... . .... ... ... ... ... 19

34. Saying ....................... ........ ... ... ... ... 19

First Schedule. Proceedings abolished by this Ordinance ... ... .. ... ... 21
Second Schedule. Statutes no longer having effect in the Colony . ... ... ... 21





CHAPTER 300.

CROWN PROCEEDINGS.

To amend the law relating to the civil liabilities and rights of the
Crown and to civil proceedings by and against the Crown, to
amend the law relating to the civil liabilities of persons other than
the Crown in certain cases involving the affairs or property of the
Crown, and for purposes connected with the matters aforesaid.

[1st November, 1957.]

PART 1.

PRELIMINARY.

1. This Ordinance may be cited as the Crown Proceedings
Ordinance.

2. (1) Any reference in this Ordinance to the provisions of this
Ordinance shall, unless the context otherwise requires, include a
reference to rules of court made for the purposes of this Ordinance.

(2) In this Ordinance, except in so far as the context otherwise
requires, or it is otherwise expressly provided, the following expressions
have the meanings hereby respectively assigned to them, that is to say

'agent', when used in relation to the Crown, includes an independent
contractor employed by the Crown;

'civil proceedings' includes proceedings in the Supreme Court or the
District Court for the recovery of fines or penalties, but does not
include proceedings of a nature such as in England are taken on
the Crown side of the Queen's Bench Division of Her Majesty's
High Court of Justice;

'officer', in relation to the Crown, includes any servant of the Crown;

'order' includes a judgment, decree, rule, award or declaration;

'prescribed' means prescribed by rules of court;

'proceedings against the Crowri' includes a claim by way of set-off or
counterclaim raised in proceedings by the Crown;

'ship' includes every description of vessel used in navigation not
propelled by oars;

'rules of court' means rules made by the authority having for the time
being power to make rules and orders regulating the practice and
procedure of the Supreme Court or the District Court, as the case
may be;





',statutory duty' means any duty imposed by or under any Act of
Parliament or Ordinance.

(3) Any reference in this Ordinance to Her Majesty in Her
private capacity shall be construed as including a reference to
Her Majesty in right of Her Duchy of Lancaster.

(4) Any reference in Part IV or V of this Ordinance to
civil proceedings by or against the Crown, or to civil proceedings
to which the Crown is a party, shall be construed as including a
reference to civil proceedings to which the Attorney General, or
any Government department, or any officer of the Crown as such,
is a party:

Provided that the Crown shall not for the purposes of Parts
IV and V of this Ordinance be deemed to be a party to any pro-
ceedings by reason only that they are brought by the Attorney
General upon the relation of some other person.

(5) References in this Ordinance to any enactment shall be
construed as references to that enactment as amended by or under
any enactment, including this Ordinance.

PART II.

SUBSTANTIVE LAW.

3. Where any person has a claim against the Crown after
the commencement of this Ordinance and, if this Ordinance had
not been passed, the claim might have been enforced, subject to
the consent of the Governor, under the rules of the Supreme
Court, or might have been enforced by the proceedings provided
by any statute ceasing to have effect in the Colony by virtue of
this Ordinance, or by any enactment repealed by this Ordinance,
then, subject to the provisions of this Ordinance, the claim may
be enforced as of right, and without the consent of the Governor,
by proceedings taken against the Crown for that purpose in
accordance with the provisions of this Ordinance.

4. (1) Subject to the provisions of this Ordinance, the
Crown shall be subject to all those liabilities in tort to which,
if it were a private person of full age and capacity, it would be
subject-

(a) in respect of torts committed by its servants or agents,

(b)in respect of any breach of those duties which a person
owes to his servants or agents at common law by reason
of being their employer; and

(c)in respect of any breach of the duties attaching at com-
mon law to the ownership, occupation, possession or
control of property:





Provided that no proceedings shall lie against the Crown by
virtue of paragraph (a) in respect of any act or omission of a
servant or agent of the Crown unless the act or omission would
apart from the provisions of this Ordinance have given rise to a
cause of action in tort against that servant or agent or his estate.

(2) Where the Crown is bound by a statutory duty which is
binding also upon persons other than the Crown and its officers,
then, subject to the provisions of this Ordinance, the Crown shall,
in respect of a failure to comply with that duty, be subject to all
those liabilities in tort (if any) to which it would be subject if it
were a private person of full age and capacity.

(3) Where any functions are conferred or imposed upon an
officer of the Crown as such either by any rule of the common law
or by enactment or statute, and that officer commits a tort while
performing or purporting to perform those functions, the liabilities
of the Crown in respect of the tort shall be such as they would
have been if those functions had been conferred or imposed solely
by virtue of instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits the amount of
the liability of any Government department or officer of the Crown
in respect of any tort committed by that department or officer
shall, in the case of proceedings against the Crown under this
section in respect of a tort committed by that department or officer,
apply in relation to the Crown as it would have applied in relation
to that department or officer if the proceedings against the Crown
had been proceedings against that department or officer.

(5) No proceedings shall he against the Crown by virtue of
this section in respect of anything done or omitted to be done by
any person while discharging or purporting to discharge any
responsibilities of a judicial nature vested in him, or any responsi-
bilities which he has in connexion with the execution of judicial
process.

(6)(a) Notwithstanding the provisions of this section, no
liability shall be imposed thereby upon the Crown in
respect of any ship, dock or harbour owned by the Crown.

(b)This subsection shall continue in force until a day to be
appointed by the Governor by Proclamation in the
Gazette and shall then expire.

5. (1) Where after the commencement of this Ordinance
any servant or agent of the Crown infringes a patent, or infringes
a registered trade mark, or infringes any copyright, (including any
copyright in a design subsisting under the Registered Designs Act
1949 to 1961, as applied to the Colony by the United Kingdom
Designs (Protection) Ordinance), and the infringement is com-
mitted with the authority of the Crown, then, subject to the
provisions of this Ordinance, civil proceedings in respect of this
infringement shall lie against the Crown.





(2) Nothing in subsection (1) or in any other provision of this
Ordinance shall affect the rights of the Crown under section 46 of the
Patents Act 1949, or section 12 and the First Schedule of the Registered
Designs Act 1949, as applied to the Colony by the Registration of
United Kingdom Patents Ordinance, and the United Kingdom Designs
(Protection) Ordinance respectively.

(3) Save where it is expressly provided by this section, no
proceedings shall lie against the Crown by virtue of this Ordinance in
respect of the infringement of a patent, in respect of the infringement of
a registered trade mark, or in respect of the infringement of any such
copyright as is mentioned in subsection (1) of this section.

6. (1) Where the Crown is subject to any liability by virtue of this
part of this Ordinance, the law relating to indemnity and contribution
shall be enforceable by or against the Crown in respect of liability to
which it is so subject as if the Crown were a private person of full age
and capacity.

(2) Without prejudice to the effect to subsection (1), the
Tortfeasors Ordinance (which relates to proceedings against, and
contribution between, joint and several tortfeasors) shall bind the
Crown.

(3) Without prejudice to the general effect of section 4 of
this Ordinance, section 4 of the Law Reform (Miscellaneous
Provisions) Ordinance (which amends the law relating to contri-
butory negligence) shall bind the Crown.

7. (1) Subject as hereinafter provided, no proceedings in tort shall
lie against the Crown for anything done or omitted to be done in relation
to a postal packet by any person while employed as a servant or agent
of the Crown; nor shall any officer of the Crown be subject, except at the
suit of the Crown. to any civil liability for any of the matters aforesaid.

(2) Notwithstanding the provisions of section 7 of the Post Office
Ordinance, proceedings shall lie against the Crown under this
subsection in respect of loss of or damage to a registered inland postal
packet in so far as the loss or damage is due to any wrongful act done
or any neglect or default committed by a person employed as a servant
or agent of the Crown while performing or purporting to perform his
functions as such in relation to the receipt, carriage, delivery or other
dealing with the packet:

Provided that

(a)no proceedings shall lie under this subsection in respect of
any postal packet registered before the commencement of this
Ordinance;

(b)the amount recoverable in any proceedings under this
subsection shall not exceed the market value of the packet in
question (excluding the market value of any message





or information which it bears) at the time when the cause
of action arises;
(c)the amount recoverable in any such proceedings shall not
in any event exceed the maximum amount which, under
the Post Office Regulations, is available for compensating
the persons aggrieved having regard to the fee paid in
respect of the registration of the packet, and
(d)the Crown shall not be liable under this subsection in
respect of any packet unless such conditions as are pre-
scribed by the Post Office Regulations in relation to
registered inland postal packets have been complied with
in relation to that packet.

For the purposes of any proceedings under this subsection it
shall be presumed, until the contrary is shown on behalf of the
Crown, that the loss of or damage to the packet was due to some
wrongful act done, or some neglect or default committed, by a
person employed as a servant or agent of the Crown while per-
forming or purporting to perform his functions as such in relation
to the receipt, carriage, delivery or other dealing with the packet.

(3) No relief shall be available under subsection (2) except
upon a claim by the sender or the addressee of the packet in
question; and the sender or addressee of the packet shall be entitled
to claim any relief available under the said subsection in respect
of the packet, whether or not he is the person damnified by the
injury complained of, and to give a good discharge in respect of
all claims in respect of the packet under the said subsection:

Provided that where the court is satisfied, upon an application
by any person who is not the sender or addressee of the packet,
that the sender and the addressee are unable or unwilling to
enforce their remedies in respect of the packet under the said
subsection, the court may, upon such terms as to security for costs
and otherwise as the court thinks just, allow that other person
to bring proceedings under the said subsection in the name of the
sender or the addressee of the packet.

Any reference in this subsection to the sender or addressee of
the packet includes a reference to his personal representative.

(4) Where by virtue of subsection (3) any person recovers any
money or property which, apart from that subsection, would have
been recoverable by some other person, the money or property
so recovered shall be held on trust for that person.

(5) Post Office Regulations may be made for prescribing the
conditions to be observed for the purposes of this section in relation
to registered inland postal packets.

(6) In this section-
'postal packet' has, subject as hereinafter provided, the same
meaning as in the Post Office Ordinance,





'Post Office Regulations' has the same meaning as in the Post
Office Ordinance;
'inland postal packet' means a postal packet which is posted in
Hong Kong for delivery in Hong Kong to the person to
whom it is addressed;
sender', in relation to a postal packet, has such meaning as may
be assigned to it by Post Office Regulations.

(7) Any reference in this section to a postal packet shall be
construed as including a reference to the contents of such a packet.

8. (1) Nothing done or omitted to be done by a member
of the armed forces of the Crown while on duty as such shall
subject either him or the Crown to liability in tort for causing
the death of another person, or for causing personal injury to
another person, in so far as the death or personal injury is due to
anything suffered by that other person while he is a member of
the armed forces of the Crown if-
(a)at the time when that thing is suffered by that other
person, he is either on duty as a member of the armed
forces of the Crown or is, though not on duty as such,
on any land, premises, ship, aircraft or vehicle for the
time being used for the purposes of the armed forces
of the Crown., and
(b) (i) where that other person is a member of the armed
forces of the Crown in right of Her Majesty's Government
in the United Kingdom. the Minister of Pensions certifies
that his suffering that thing has been or will be treated
as attributable to service for the purposes of entitlement
to an award under the Royal Warrant, Order in Council
or Order of Her Majesty relating to the disablement or
death of members of the force of which he is a member;
(ii) where that other person is a member of the armed
forces of the Crown in right of Her Majesty's Government
in the Colony, the Governor in Council certifies that his
suffering that thing has been or will be treated as attribut-
able to service for the purposes of entitlement to a gratuity
or pension under any enactment relating to the disable-
ment or death of members of the force of which he is a
member:
Provided that this subsection shall not exempt a member of
the said forces from liability in tort in any case in which the
court is satisfied that the act or omission was not connected with
the execution of his duties as a member of those forces.

(2) No proceedings in tort shall lie against the Crown for
death or personal injury due to anything suffered by a member of
the armed forces of the Crown if-
(a)that thing is suffered by him in consequence of the nature
or condition of any such land, premises, ship. aircraft or





vehicle as aforesaid, or in consequence of the nature or
condition of any equipment or supplies used for the purposes
of those forces; and

(b) (i) in the case of a member of the armed forces of the Crown in
right of Her Majesty's Government in the United Kingdom, the
Minister of Pensions certifies as mentioned in subsection (1);

(ii) in the case of a member of the armed forces of the Crown
in right of Her Majesty's Government in the Colony, the
Governor in Council certifies as mentioned in subsection (1);

nor shall any act or omission of an officer of the Crown subject him to
liability in tort for death or personal injury, in so far as the death or
personal injury is due to anything suffered by a member of the armed
forces of the Crown being a thing as to which the conditions aforesaid
are satisfied.

(3) The Colonial Secretary, if satisfied that it is the fact-

(a)that a person was or was not on any particular occasion on
duty as a member of the armed forces of the Crown in right of
Her Majesty's Government in the Colony; or

(b)that at any particular time any land, premises, ship, air-
craft, vehicle, equipment or supplies was or was not, or
were or were not, used for the purposes of the said forces,
may issue a certificate certifying that to be the fact. and any such
certificate shall, for the purposes of this section, be conclusive as
to the fact which it certifies.

(4) A certificate of The Ministry of Defence or a Secretary of State

(a)that a person was or was not on any particular occasion on
duty as a member of the armed forces of the Crown in right of
Her Majesty's Government in the United Kingdom; or

(b)that at any particular time any land, premises, ship, air-
craft, vehicle, equipment or supplies was or was not, or
were or were not, used for the purposes of the said forces,
shall, for the purposes of this section, be conclusive as to the fact
which it certifies.

(5) For the purposes of this section, member of the armed forces of
the Crown', unless the context otherwise requires, means a member of
the armed forces of the Crown in right of Her Majesty's Government in
the Colony or in right of Her Majesty's Government in the United
Kingdom.

(6) Nothing in this section shall be deemed by implication or
otherwise to confer any right of action against the Crown in right of Her
Majesty's Government in the United Kingdom.





9. (1) Nothing in Part 11 of this Ordinance shall extinguish
or abridge any powers or authorities which, if this Ordinance had
not been passed, would have been exercisable by virtue of the
prerogative of the Crown or any powers or authorities conferred
on the Crown or the Governor by any statute or enactment, and,
in particular, nothing in the said Part II shall extinguish or
abridge any powers or authorities exercisable by the Crown,
whether in time of peace or of war, for the purpose of the defence
of the realm or of training, or maintaining the efficiency of, any
of the armed forces of the Crown in right of Her Majesty's
Government in the United Kingdom or in the Colony.

(2) Where in any proceedings under this Ordinance it is
material to determine whether anything was properly done or
omitted to be done in the exercise of the prerogative of the Crown,
the Governor may, if satisfied that the act or omission was neces-
sary for any such purpose as is mentioned in subsection (1), issue
a certificate to the effect that the act or omission was necessary for
that purpose; and the certificate shall, in those proceedings, be
conclusive as to the matter so certified.

PART III.

JURISDICTION AND PROCEDURE.

10. Subject to the provisions of this Ordinance. all such civil
proceedings by or against the Crown as are mentioned in the First
Schedule are hereby abolished, and all civil proceedings by or
against the Crown in the Supreme Court shall be instituted and
proceeded with in accordance with rules of court.

In this section, 'rules of court' means, in relation to any
claim against the Crown in the Supreme Court which falls within
the jurisdiction of that court as a prize court, rules of court made
under section 3 of the Prize Courts Act 1894.

11. (1) Subject to the provisions of this Ordinance, and to
any enactment limiting the jurisdiction of the District Court
(whether by reference to the subject matter of the proceedings to
be brought or the amount sought to be recovered in the proceed-
ings or otherwise) any civil proceedings by or against the Crown
may be instituted in the District Court.

(2) Any proceedings by or against the Crown in the District
Court shall be instituted and proceeded with in accordance with
rules of court.
(Amended, 22 of 1962, s. 49)

12. The Crown may obtain relief by way of interpleader
proceedings, and may be made a party to such proceedings, in the
same manner in which a subject may obtain relief by way of such
proceedings or be made a party thereto; and all rules of court





relating to interpleader proceedings shall, subject to the provisions
of this Ordinance, have effect accordingly.

13. (1) Civil proceedings by or against the Crown instituted
under the provisions of this Ordinance shall be instituted by or
against the Attorney General.

(2) No proceedings instituted in accordance with this Part
of this Ordinance by or against the Attorney General shall abate
or be affected by any change in the person holding the office of
Attorney General.

14. All documents required to be served on the Crown for
the purpose of or in connexion with any civil proceedings by or
against the Crown shall be served on the Attorney General.

15. (1) If in a case where proceedings are instituted against
the Crown in the District Court an application in that behalf is
made by the Crown to the Supreme Court, and there is produced
to the court a certificate of the Attorney General to the effect that
the proceedings may involve an important question of law, or may
be decisive of other cases arising out of the same matter. or are
for other reasons more fit to be tried in the Supreme Court, the
proceedings shall be removed into the Supreme Court.

Where any proceedings have been removed into the Supreme
Court on the production of such a certificate as aforesaid, and it
appears to the court by whom the proceedings are tried that the
removal has occasioned additional expense to the person by whom
the proceedings are brought, the court may take account of the
additional expense so occasioned in exercising its powers in regard
to the award of costs.

(2) Without prejudice to the rights of the Crown under sub-
section (1), all rules of law and enactments relating to the removal
or transfer of proceedings from the District Court to the Supreme
Court, or the transfer of proceedings from the Supreme Court to
the District Court, shall apply in relation to proceedings against
the Crown:
Provided that an order for the transfer to the District Court
of any proceedings against the Crown in the Supreme Court shall
not be made without the consent of the Crown.

16. (1) In any civil proceedings by or against the Crown
the court shall. subject to the provisions of this Ordinance, have
power to make all such orders as it has power to make in proceed-
ings between subjects, and otherwise to give such appropriate
relief as the case may require:
Provided that-
(a) where in any proceedings against the Crown any such
relief is sought as might in proceedings between subjects





be granted by way of injunction or specific performance,
the court shall not grant an injunction or make an order
for specific performance, but may in lieu thereof make
an order declaratory of the rights of the parties; and

(b)in any proceedings against the Crown for the recovery
of land or other property the court shall not make an
order for the recovery of the land or the delivery of the
property, but may in lieu thereof make an order declaring
that the plaintiff is entitled as against the Crown to the
land or property or to the possession thereof.

(2) The court shall not in any civil proceedings grant any
injunction or make any order against an officer of the Crown if
the effect of granting the injunction or making the order would be
to give any relief against the Crown which could not have been
obtained in proceedings against the Crown.

17. In any civil proceedings or arbitration to which the Crown
is a party, the costs of and incidental to the proceedings shall be
awarded in the same manner and on the same principles as in
cases between subjects, and the court or arbitrator shall have power
to make an order for the payment of costs by or to the Crown
accordingly:

Provided that-

(a)in the case of proceedings to which by reason of any
enactment or otherwise the Attorney General is authorized
to be made a party, the court or arbitrator shall have
regard to the nature of the proceedings and the character
and circumstances in which the Attorney General appears,
and may in the exercise of its or his discretion order any
other party to the proceedings to pay the costs of the
Attorney General whatever may be the result of the
proceedings; and

(b)nothing in this section shall affect the power of the court
or arbitrator to order, or any enactment providing for, the
payment of costs out of any particular fund or property,
or any enactment expressly relieving any department or
officer of the Crown of the liability to pay costs.

18. Subject to the provisions of this Ordinance, all enactments
and rules of court relating to appeals and stay of execution shall,
with any necessary modifications, apply to civil proceedings by or
against the Crown as they apply to proceedings between subjects.

19. (1) Subject to the provisions of this section, any reference
in this Part of this Ordinance to civil proceedings by the Crown
shall be construed as a reference to the following proceedings
only-





(a)proceedings for the enforcement or vindication of any right or
the obtaining of any relief which, if this Ordinance had not
been passed, might have been enforced or vindicated or
obtained by any such proceedings as are mentioned in
paragraph 1 of the First Schedule;

(b)proceedings for the enforcement or vindication of any right or
the obtaining of any relief which, if this Ordinance had not
been passed, might have been enforced or vindicated or
obtained by an action at the suit of any Government
department or any officer of the Crown as such;

(c)all such proceedings as the Crown is entitled to bring by virtue
of this Ordinance;

and the expression 'civil proceedings by or against the Crown' shall be
construed accordingly.

(2) Subject to the provisions of this section, any reference in this
Part of this Ordinance to civil proceedings against the Crown shall be
construed as a reference to the following proceedings only

(a)proceedings for the enforcement or vindication of any right or
the obtaining of any relief which, if this Ordinance had not
been passed, might have been enforced or vindicated or
obtained by any such proceedings as are mentioned in
paragraph 2 of the First Schedule;

(b)proceedings for the enforcement or vindication of any right or
the obtaining of any relief which, if this Ordinance had not
been passed, might have been enforced or vindicated or
obtained by any action against the Attorney General, any
Government department or any officer of the Crown as such.,

(c)all such proceedings as any person is entitled to bring against
the Crown by virtue of this Ordinance;

and the expression 'civil proceedings by or against the Crown' shall be
construed accordingly.

(3) Notwithstanding anything in subsections (1) and (2), the
provisions of this Part of this Ordinance shall not have effect with
respect to any of the following proceedings, that is to say

(a)proceedings brought by the Attorney General on the relation
of some other person;

(b) proceedings by or against the Official Trustee;

(c) proceedings by the Attorney General or other person
under Order 28, rules 15 and 16 of the Code of Civil
Procedure.




PART IV.

JUDGMENTS AND EXECUTION.

20. (1) The provisions of any law relating to the payment of interest
on judgment debts in proceedings between subjects shall apply to
judgment debts due from or to the Crown.

(2) Where any costs are awarded to or against the Crown in the
Supreme Court, interest shall be payable upon those costs unless the
court otherwise orders, and any interest so payable shall be at the same
rate as that at which interest is payable upon judgment debts due from
or to the Crown.

(3) The provisions of any law empowering a Court of Record to
award interest on debts and damages shall apply to judgments given in
the proceedings by and against the Crown.

(4) This section shall apply both in relation to proceedings pending
at the commencement of this Ordinance and in relation to proceedings
instituted thereafter.

21. (1) Where in any civil proceedings by or against the Crown, or
in any proceedings such as in England are taken on the Crown side of
the Queen's Bench Division of Her Majesty's High Court of Justice, or in
connexion with any arbitration to which the Crown is a party, any order
(including an order for costs) is made by any court in favour of any
person against the Crown or against a Government department or
against an officer of the Crown as such, the proper officer of the court
shall, on an application in that behalf made by or on behalf of that
person at any time after the expiration of twenty-one days from the date
of the order or. in case the order provides for the payment of costs and
the costs require to be taxed, at any time after the costs have been taxed.
whichever is the later, issue to that person a certificate in the prescribed
form containing particulars of the order:

Provided that, if the court so directs, a separate certificate shall be
issued with respect to the costs (if any) ordered to be paid to the
applicant.

(2) A copy of any certificate issued under this section may be
served by the person in whose favour the order is made upon the
Attorney General.

(3) If the order provides for the payment of any money by way of
damages or otherwise, or of any costs, the certificate shall state the
amount so payable, and the Accountant General shall, subject as
hereinafter provided, pay to the person entitled or to his solicitor the
amount appearing by the certificate to be due to him together with the
interest, if any, lawfully due thereon:

Provided that the court by which any such order as aforesaid is
made or any court to which an appeal against the order lies





may direct that, pending an appeal or otherwise, payment of the whole
of any amount so payable or any part thereof, shall be suspended, and if
the certificate has not been issued may order any such directions to be
inserted therein.

(4) Save as aforesaid no execution or attachment or process in the
nature thereof shall be issued out of any court for enforcing payment by
the Crown of any such money or costs as aforesaid, and no person shall
be individually liable under any order for the payment by the Crown, or
any Government department, or any officer of the Crown as such, of any
such money or costs.

(5) This section shall apply both in relation to proceedings pending
at the commencement of this Ordinance and in relation to proceedings
instituted thereafter.

22. (1) Subject to the provisions of this Ordinance, any order made
in favour of the Crown against any person in any civil proceedings to
which the Crown is a party may be enforced in the same manner as an
order made in an action between subjects and not otherwise.

(2) Nothing in this section shall affect any procedure which
immediately before the commencement of this Ordinance was available
for enforcing an order made in favour of the Crown in proceedings
brought by the Crown for the recovery of any fine or penalty, or the
forfeiture or condemnation of any goods, or the forfeiture of any ship or
any share in a ship.

23. (1) Where any money is payable by the Crown to some person
who, under any order of any court, is liable to pay any money to any
other person, and that other person would, if the money so payable by
the Crown were money payable by a subject, be entitled under rules of
court to obtain an order for the attachment thereof as a debt due or
accruing due, or an order for the appointment of a sequestrator or
receiver to receive the money on his behalf, the Supreme Court may,
subject to the provisions of this Ordinance and in accordance with rules
of court, make an order restraining the first-mentioned person from
receiving that money and directing payment thereof to that other
person, or to the sequestrator or receiver:

Provided that no such order shall be made in respect of

(a)any wages or salary payable to any officer of the Crown as
such,

(b)any money which is subject to the provisions of any
enactment prohibiting or restricting assignment or charging or
taking in execution.

(2) The provisions of subsection (1) shall, so far as they relate to
forms of relief falling within the jurisdiction of the





District Court, have effect in relation to the District Court as they have
effect in relation to the Supreme Court.

PART V.

MISCELLANEOUS AND
SUPPLEMENTAL.

24. (1) Subject to and in accordance with rules of court-

(a)in any civil proceedings in the Supreme Court or the District
Court to which the Crown is a party, the Crown may be
required by the court to make discovery of documents and
produce documents for inspection; and

(b)in any such proceedings as aforesaid, the Crown may be
required by the court to answer interrogatories:

Provided that this section shall be without prejudice to any rule of
law which authorizes or requires the withholding of any document or the
refusal to answer any question on the ground that the disclosure of the
document or the answering of the question would be injurious to the
public interest.

Any order of the court made under the powers conferred by
paragraph (b) shall direct by what officer of the Crown the
interrogatories are to be answered.

(2) Without prejudice to the proviso to subsection (1), any rules
made for the purposes of this section shall be such as to secure that the
existence of a document will not be disclosed if, in the opinion of the
Governor, it would be injurious to the public interest to disclose the
existence thereof.

25. (1) Nothing in this Ordinance shall authorize proceedings in rem
in respect of any claim against the Crown, or the arrest, detention or sale
of any ships or aircraft belonging to Her Majesty or the Government, or
of any cargo or other property belonging to the Crown, or give to any
person any lien on any such ship, aircraft, cargo or other property.

(2) Where proceedings in rem have been instituted in the Supreme
Court or the District Court against any such ship, aircraft, cargo or other
property, the court may, if satisfied, either on an application by the
plaintiff for an order under this subsection or an application by the
Crown to set aside the proceedings, that the proceedings were so
instituted by the plaintiff in the reasonable belief that the ship, aircraft,
cargo or other property did not belong to the Crown, order that the
proceedings shall be treated as if they were in personam duly instituted
against the Crown in accordance with the provisions of this Ordinance.
or duly instituted against any other person whom the court regards as
the proper person to be sued in the circumstances, and that the
proceedings shall continue accordingly.





Any such order may be made upon such terms, if any, as the court
thinks just; and where the court makes any such order it may make such
consequential orders as the court thinks expedient.

26. Nothing in this Ordinance shall prejudice the right of the Crown
to rely upon the law relating to the limitation of time for bringing
proceedings against public authorities.

27. (1) This Ordinance shall not prejudice the right of the Crown to
take advantage of the provisions of a statute or enactment although not
named therein; and it is hereby declared that in any civil proceedings
against the Crown the provisions of any statute or enactment which
could, if the proceedings were between subjects, be relied upon by the
defendant as a defence to the proceedings, whether in whole or in part,
or otherwise. may, subject to any express provision to the contrary, be
so relied upon by the Crown.

(2) Rule 1 of Order 24 of the Code of Civil Procedure (which
empowers the court in certain circumstances to order the defendant
about to leave the jurisdiction of the court to furnish security) shall,
with any necessary modifications, apply to civil proceedings in the
Supreme Court by the Crown.

28. No claim by or against the Crown, and no proceedings for the
enforcement of any such claim, shall abate or be affected by the demise
of the Crown.

29. No writ of extent or of diem clausit extremum shall issue after
the commencement of this Ordinance.

30. (1) Any power to make rules of court shall include power to
make rules for the purpose of giving effect to the provisions of this
Ordinance, and any such rules may contain provisions to have effect in
relation to any proceedings by or against the Crown in substitution for
or by way of addition to any of the provisions of the rules applying to
proceedings between subjects.

(2) Provision shall be made by rules of court with respect to the
following matters

(a) for providing for service of process, or notice thereof, in
the case of proceedings by the Crown against persons,
whether British subjects or not, who are not resident in
Hong Kong;

(b)for securing that where any civil proceedings are brought
against the Crown in accordance with the provisions of this
Ordinance the plaintiff shall, before the Crown is required to
take any step in the proceedings, provide the Crown with
such information as the Crown may reason





ably require as to the circumstances in which it is alleged
that the liability of the Crown has arisen and as to the
departments and officers of the Government concemed;
(c)for providing that in the case of proceedings against the
Crown the plaintiff shall not enter judgment against the
Crown in default of appearance or pleading without the
leave of the court to be obtained on an application of
which notice has been given to the Crown;
(d)for excepting proceedings brought against the Crown
from the operation of any rule of court providing for
summary judgment without trial, and for enabling any
such proceedings to be put in proper cases into any
special list which may be kept for the trial of short
causes in which leave to defend is given under any such
rule of court as aforesaid;
(e)for authorizing the Crown to deliver interrogatories with-
out the leave of a court in any proceedings for the
enforcement of any right for the enforcement of which
proceedings by way of English information might have
been taken if this Ordinance had not been passed, so.
however, that the Crown shall not be entitled to deliver
any third or subsequent interrogatories without the leave
of the court;
for enabling evidence to be taken on commission in
proceedings by or against the Crown;
(g) for providing-
(i) that a person shall not be entitled to avail himself
of any set-off or counterclaim in any proceedings by the
Crown for the recovery of taxes, duties or penalties. or
to avail himself in proceedings of any other nature by
the Crown of any set-off or counterclaim arising out of
a right or claim to repayment in respect of any taxes, or
penalties;
(ii) that the Crown, when sued in the name of the
Attorney General, shall not be entitled to avail itself of
any set-off or counterclaim without the leave of the court.

(3) Provision may be made by rules of court for regulating
any appeals to the Supreme Court, whether by way of case stated
or otherwise, under enactments relating to the revenue, and any
rules made under this subsection may revoke any enactments
or rules in force immediately before the commencement of this
Ordinance so far as they regulate any such appeals. and may
make provision for any matters for which provision was made
by any enactments or rules so in force.

31. Save as otherwise, expressly provided. the provisions of
this Ordinance shall not affect Proceedings by or against the
Crown which have been instituted before the commencement of





this Ordinance; and for the purpose of this section proceedings
against the Crown shall be deemed to have been so instituted if
a statement of claim with respect to the matter in question has
been filed and a sealed copy thereof has been served upon the
Attorney General before the commencement of this Ordinance.

32. (1) Any' expenditure incurred by or on behalf of the
Crown in right of Her Majesty's Government in the Colony by
reason of the passing of this Ordinance shall be defrayed out of
moneys provided by the Legislative Council.

(2) Any sums payable to the Crown by reason of the passing
of this Ordinance shall be paid into the Treasury.

33. The statutes set out in the Second Schedule to this
Ordinance shall no longer have effect in the Colony to the extent
specified in the third column of that Schedule.

34. (1) Nothing in this Ordinance shall apply to proceed-
ings by or against, or authorize proceedings in tort to be brought
against, Her Majesty in Her private capacity.

(2) Except as therein otherwise expressly provided, nothing
in this Ordinance shall-

(a)affect the law relating to prize salvage, or apply to
proceedings in causes or matters within the jurisdiction
of any court as a prize court or to any criminal pro-
ceedings; or

(b)authorize proceedings to be taken against the Crown
under or in accordance with the provisions of this
Ordinance in respect of any alleged liability of the
Crown arising otherwise than in respect of Her Majesty's
Government in the Colony, or affect proceedings against
the Crown in respect of 'any such alleged liability as
aforesaid; or

(c)authorize proceedings to be taken against the Crown
under or in accordance with the provisions of this
Ordinance in respect of any act, neglect, or default of
any officer or agent of the Crown, unless-
(i) such officer has been directly or indirectly ap-
pointed by the Crown and was at the material time
paid in respect of his duties as an officer of the Crown
wholly out of the revenues of the Colony or any other
fund certified by the Governor for the purposes of this
paragraph or was at the material time holding an office
in respect of which the Governor certifies that the holder
thereof would normally be so paid;
(ii) such agent was at the material time acting for and
on behalf of the Government; or





(d)affect any proceedings by the Crown otherwise than in
right of Her Majesty's Government in the Colony; or

(e)subject the Crown to any greater liabilities in respect
of the acts or omissions of any independent contractor
employed by the Crown than those to which the Crown
would be subject in respect of such acts or omissions if
it were a private person; or

affect any rules of evidence or any presumption relating
to the extent to which the Crown is bound by any statute
or enactment; or

(g)affect any right of the Crown to demand a trial at bar or
to control or otherwise intervene in proceedings affecting
its rights, property or profits., or

(h)affect any right of the Attorney General, any Govern-
ment department or any officer of the Crown as such
to institute proceedings under or in accordance with the
provisions of any other enactment;

and, without prejudice to the general effect of the foregoing pro-
visions, Part IV of this Ordinance shall not apply to the Crown
except in right of Her Majesty's Government in the Colony.

(3) A certificate of the Colonial Secretary-

(a)to the effect that any alleged liability of the Crown arises
otherwise than in respect of Her Majesty's Government
in the Colony;

(b)to the effect that any proceedings by the Crown are
proceedings otherwise than in right of Her Majesty's
Government in the Colony,

shall, for the purposes of this Ordinance, be conclusive as to the
matter so certified.

(4) Where any property vests in the Crown by virtue of any
rule of law which operates independently of the acts or the inten-
tions of the Crown, the Crown shall not by virtue of this Ordin-
ance be subject to any liabilities in tort by reason only of the
property being so vested; but the provisions of this subsection
shall be without prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the Crown or any
person acting for the Crown has in fact taken possession or con-
trol of any such property, or entered into occupation thereof.

(5) This Ordinance shall not operate to limit the discretion
of the court to grant relief by way of mandamus in cases in which
such relief might have been granted before the commencement of
this Ordinance, notwithstanding that by reason of the provisions
of this Ordinance some other and further remedy is available.





FIRST SCHEDULE. [s. 10.1

PROCEEDINGS ABOLISHED BY THIS
ORDINANCE.

1. (1) Latin informations and English informations.

(2) Writs of cacapias ad respondendum, writs of subpoena ad
respondendum, and writs of appraisement.

(3) Writs of scire facias.

(4) Proceedings for the determination of any issue upon a writ of extent or of
diem clausit extremum.

2. (1) Proceedings by way of petition of right under section 52 of the Naval
Prize Act 1864.

(2) Proceedings against Her Majesty by way of monstrans de droit.

SECOND SCHEDULE. [s. 33.]

STATUTES NO LONGER HAVING EFFECT IN THE
COLONY.

Session and Title or Short title. Extent of Repeal.
Chapter.
25 Edw. I. c. 18. The King's Tenant his Debtor. The whole Act.
25 Geo. 3. c. 35. The Crown Debtors Act 1785. The whole Act.
57 Geo. 3. The Extents in Aid Act 1817. The whole Act.
c. 117.

5 & 6 Vict. c. 86. The Exchequer Court Act 1842, Section 9.
Originally 18 of 1957. 22 of 1967. G.N.A. 81/57. Short title. Interpretation. 10 & 11 Geo. 6 c. 44, s. 38. Right to sue the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 1.] Liability of the Crown in tort. [cf. 10 & 11 Geo. 6 c. 44, s. 2.] Provisions as to industrial property. 10 & 11 Geo. 6 c. 44, s. 3. (Cap. 44.) (12, 113 & 14 Geo. 6 c. 87.) (12, 113 & 14 Geo. 6 c. 88.) (Cap. 42.) (Cap. 44.) Application of law as to indemnity, contribution, joint and several tortfeasors, and contributory negligence. 10 & 11 Geo. 6 c. 44, s. 4. (Cap. 28.) Liability in connexion with postal packets. [cf. 10 & 11 Geo. 6 c. 44, s. 9. (Cap. 98.)] (Cap. 98, sub. leg.) (Cap. 98.) (Cap. 98, sub. leg.) [cf. 10 & 11 Geo. 6 c. 44, s. 10.] Saving in respect of acts done under prerogative and statutory powers. [cf. 10 & 11 Geo. 6 c. 44, s. 11.] Civil proceedings in the Supreme Court. First Schedule. [cf. 10 & 11 Geo. 6 c. 44, s. 13.] (57 & 58 Vict. C, 39.) Civil proceedings in the District Court. Interpleader. [cf. 10 & 11 Geo. 6 c. 44, s. 16.] Parties to proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 17.] Service of documents. [cf. 10 & 11 Geo. 6 c. 44, s. 18.] Removal and transfer of proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 20.] Nature of relief. 10 & 11 Geo. 6 c. 44, s. 21.] Costs in civil proceedings to which the Crown is a party. Appeals and stay of execution. 10 & 11 Geo. 6 c. 44, s. 22. Scope of Part III. (Cap. 4, sub. leg.) Interest on debts, damages and costs. [cf. 10 & 11 Geo. 6 c. 44, s. 24.] Satisfaction of orders against the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 25.] Execution by the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 26.] Attachment of moneys payable by the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 27.] Discovery. 10 & 11 Geo. 6 c. 44, s. 28. Exclusion of proceedings in rem against the Crown. 10 & 11 Geo. 6 c. 44, s. 29. Limitation of actions. [cf. 10 & 11 Geo. 6 c. 44, s. 30.] Application to the Crown of certain statutory provisions. (Cap. 4, sub. leg.) No abatement on demise of Crown. 10 & 11 Geo. 6 c. 44, s. 32. Abolition of certain writs 10 & 11 Geo. 6 c. 44, s. 33. Rules of court. [cf. 10 & 11 Geo. 6 c. 44, s. 35.] Pending proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 36.] Financial provisions. [cf. 10 & 11 Geo. 6 c. 44, s. 37.] Statutes no longer effective. Second Schedule. [cf. 10 & 11 Geo. 6 c. 44, s. 39.] Saving. [cf. 10 & 11 Geo. 6 c. 44, s. 40.] (27 & 28 Vict, c. 25.)

Originally 18 of 1957. 22 of 1967. G.N.A. 81/57. Short title. Interpretation. 10 & 11 Geo. 6 c. 44, s. 38. Right to sue the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 1.] Liability of the Crown in tort. [cf. 10 & 11 Geo. 6 c. 44, s. 2.] Provisions as to industrial property. 10 & 11 Geo. 6 c. 44, s. 3. (Cap. 44.) (12, 113 & 14 Geo. 6 c. 87.) (12, 113 & 14 Geo. 6 c. 88.) (Cap. 42.) (Cap. 44.) Application of law as to indemnity, contribution, joint and several tortfeasors, and contributory negligence. 10 & 11 Geo. 6 c. 44, s. 4. (Cap. 28.) Liability in connexion with postal packets. [cf. 10 & 11 Geo. 6 c. 44, s. 9. (Cap. 98.)] (Cap. 98, sub. leg.) (Cap. 98.) (Cap. 98, sub. leg.) [cf. 10 & 11 Geo. 6 c. 44, s. 10.] Saving in respect of acts done under prerogative and statutory powers. [cf. 10 & 11 Geo. 6 c. 44, s. 11.] Civil proceedings in the Supreme Court. First Schedule. [cf. 10 & 11 Geo. 6 c. 44, s. 13.] (57 & 58 Vict. C, 39.) Civil proceedings in the District Court. Interpleader. [cf. 10 & 11 Geo. 6 c. 44, s. 16.] Parties to proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 17.] Service of documents. [cf. 10 & 11 Geo. 6 c. 44, s. 18.] Removal and transfer of proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 20.] Nature of relief. 10 & 11 Geo. 6 c. 44, s. 21.] Costs in civil proceedings to which the Crown is a party. Appeals and stay of execution. 10 & 11 Geo. 6 c. 44, s. 22. Scope of Part III. (Cap. 4, sub. leg.) Interest on debts, damages and costs. [cf. 10 & 11 Geo. 6 c. 44, s. 24.] Satisfaction of orders against the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 25.] Execution by the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 26.] Attachment of moneys payable by the Crown. [cf. 10 & 11 Geo. 6 c. 44, s. 27.] Discovery. 10 & 11 Geo. 6 c. 44, s. 28. Exclusion of proceedings in rem against the Crown. 10 & 11 Geo. 6 c. 44, s. 29. Limitation of actions. [cf. 10 & 11 Geo. 6 c. 44, s. 30.] Application to the Crown of certain statutory provisions. (Cap. 4, sub. leg.) No abatement on demise of Crown. 10 & 11 Geo. 6 c. 44, s. 32. Abolition of certain writs 10 & 11 Geo. 6 c. 44, s. 33. Rules of court. [cf. 10 & 11 Geo. 6 c. 44, s. 35.] Pending proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 36.] Financial provisions. [cf. 10 & 11 Geo. 6 c. 44, s. 37.] Statutes no longer effective. Second Schedule. [cf. 10 & 11 Geo. 6 c. 44, s. 39.] Saving. [cf. 10 & 11 Geo. 6 c. 44, s. 40.] (27 & 28 Vict, c. 25.)

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