Interim Declarations Against The Crown
Annex A
Introduction
In 1984 a Sub-committee of the Supreme Court Rules
Committee, comprised of a judge and legal practitioners, was
established by the Chief Justice under the chairmanship of the
Honourable Mr Justice Kempster to undertake a thorough review of the
civil litigation practice and procedures of the Supreme Court of Hong
Kong. The Supreme Court (Amendment) Bill 1987 introduced into the
Legislative Council on 24 June 1987 derives from that Sub-committee's
work in that virtually all of the substantive changes to the law
recommended by the Sub-committee were included in the Bill.
2.
A significant recommendation by the Sub-committee omitted
from the Bill was a recommendation that the Supreme Court should be
empowered to grant "inter im declarations" against the Crown (i.e. the
Hong Kong Government or an officer of the Government acting in his official capacity). The recommendation proposed the creation of a
new remedy which would permit the Supreme Court of Hong Kong to
order, in an appropriate case between an individual and the
Government that the Government should refrain from taking an intended
action until the dispute between the parties could be determined at a
trial.
3.
Despite the arguments that had been put forward by the
Sub-committee in favour of the recommendation and the support of the
Bar committee and Law Council, reservations have been expressed upon it within the Administration. Accordingly, whilst not rejecting the recommendation, the Government has decided to seek the further views
of the judiciary, legal professions and other interested parties on
the recommendation.
"Interim Declarations"-
4.
The nature and purpose of interim declarations can better
be understood by reference to other forms of remedies now available.
The following paragraphs discuss those remedies in general terms.
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