5
even after 1997. However, bearing in mind the probable Chinese sensitivity on this issue and the need for consistency of treatment whenever possible, the Working Group considered that all references to Crown leases etc. should be amended, provided
(a) suitable provision is inserted in the amending Bill to
make it clear that no rights are thereby affected (as recommended in para. 11 above); and
(b)
it is made clear that the Government becomes the lawful successor to the Crown in respect of all existing rights.
13.
Note
(a)
(b)
(c)
The Working Group therefore RECOMMENDS
that historic references to Crown leases etc. should be textually amended, including those in private Ordinances;
that the amending Bill should include a provision to the effect that the Government is the successor to the rights and obligations of the Crown with effect from the commencement of the amending Bill; but
that the statement required by (b) should not refer to "the Crown" as such and should be subject to the principle already stated that the Crown is owner of the land.
A provision such as in para. (b) above would have the advantage of conferring rights on the HKSAR Government after 1997, when the meaning of "Government" will have been amended.
Crown Proceedings
14.
If "the Government" is to become the manager and administrator of land in the same capacity as that previously filled by the Crown, it is necessary for "the Government" to have legal personality i.e. to be capable of suing and being sued. At present, actions by and against "the Crown" are governed by the Crown Proceedings Ordinance (Cap. 300) which provides for the Attorney General to represent the Crown in all actions. While it is not proposed for general purposes to change that arrangement at present, it is necessary to make it clear that in respect of actions relating to interests in land, the Government is in the shoes of the Crown so far as court proceedings are concerned. An appropriate amendment to Cap. 300 should be made in the adaptation Bill. Such an amendment would in due course be rendered otiose by a more general amendment to the Crown Proceedings Ordinance replacing 'the Crown' by 'the Government', but that will be part of a separate exercise.
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