1988 Ed.] The Rules of the Supreme Court-Order 77
[CAP. 4
(2) In any civil proceedings to which the Crown is a party any order of the Court made under the power conferred by section 24(1) of the Crown Proceedings Ordinance, shall be construed as not requiring the disclosure of the existence of any document the existence of which it would, in the opinion of the Chief Secretary, be injurious to the public interest to disclose.
(3) Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the Crown shall be verified by affidavit, the affidavit shall be made by such officer of the Crown as the Court may direct.
(4) Where in any such proceedings an order is made under the said section 24 for interrogatories to be answered by the Crown, the Court shall direct by what officer of the Crown the interrogatories are to be answered.
(5) In any proceedings by the Crown for the enforcement of any right for the enforcement of which proceedings by way of English information might have been taken if the Crown Proceedings Ordinance had not passed, the Crown may serve interrogatories or further interrogatories (except any third or subsequent set of interrogatories) under Order 26 without the leave of the Court.
Evidence (O. 77, r. 14)
14. (1) Civil proceedings against the Crown may be instituted under Order 39, rule 15, in any case in which the Crown is alleged to have an interest or estate in the honour, title, dignity or office or property in question.
(2) For the avoidance of doubt it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are exercisable in proceedings between subjects.
Execution and satisfaction of orders (O. 77, r. 15)
15. (1) Nothing in Orders 45 to 52 shall apply in respect of any order against the Crown.
(2) An application under the proviso to subsection (1) of section 21 of the Crown Proceedings Ordinance, for a direction that a separate certificate shall be issued under that subsection with respect to the costs (if any) ordered to be paid to the applicant, may be made to the Court ex parte without summons.
(3) Any such certificate must be in Form No. 95 or 96 in Appendix A, whichever is appropriate.
Attachment of debts, etc. (O. 77, r. 16)
16. (1) No order-
(a) for the attachment of debts under Order 49, or
(b) for the appointment of a sequestrator under Order 45, or
(c) for the appointment of a receiver under Order 30 or 51,
A 317
[Subsidiary]
(Cap. 300.)
App. A. Form 96.
(Cap. 300.)
App. A. Form 95 & Form 96.