A 314
CAP. 41
[Subsidiary]
(Cap. 300.)
The Rules of the Supreme Court Order 77 [1988 Ed.
ORDER 77
PROCEEDINGS BY AND AGAINST THE CROWN
Application and interpretation (O. 77, r. 1)
1. (1) These rules apply to civil proceedings to which the Crown is a party subject to the following rules of this Order.
(2) In this Order-
"civil proceedings by the Crown" and "civil proceedings against the Crown" have the same respective meanings as in Part III of the Crown Proceedings Ordinance, and do not include any of the proceedings specified in section 19(3) of that Ordinance;
"civil proceedings to which the Crown is a party" has the same meaning as it has for the purposes of Part V of the Crown Proceedings Ordinance, by virtue of section 2(4) of that Ordinance;
"order against the Crown" means any order (including an order for costs) made in any civil proceedings by or against the Crown, or in connection with any arbitration to which the Crown is a party, in favour of any person against the Crown or against a government department or against an officer of the Crown as such;
"order" includes a judgment, decree, rule, award or declaration.
Particulars to be included in indorsement of claim (O. 77, r. 3)
3. (1) In the case of a writ which begins proceedings against the Crown the indorsement of claim required by Order 6, rule 2, shall include a statement of the circumstances in which the Crown's liability is alleged to have arisen and as to the government department and officers of the Crown concerned.
(2) If in civil proceedings against the Crown a defendant considers that the writ does not contain a sufficient statement as required by this rule, he may, before the expiration of the time limited for acknowledging service of the writ, apply to the plaintiff by notice for a further and better statement containing such information as may be specified in the notice.
(3) Where a defendant gives a notice under this rule, the time limited for acknowledging service of the writ shall not expire until 4 days after the defendant has notified the plaintiff in writing that the defendant is satisfied with the statement supplied in compliance with the notice, or 4 days after the Court has, on the application of the plaintiff by summons served on the defendant not less than 7 days before the return day, decided that no further information as to the matters referred to in paragraph (1) is reasonably required.