A 318
CAP. 4]
[Subsidiary]
(Cap. 300.)
(Cap. 300.)
App. A. Form 10.
The Rules of the Supreme Court Order 77 [1988 Ed.
shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due, from the Crown.
(1A) No application shall be made under paragraph (2) unless the order of the Court to be enforced is for a sum of money amounting in value to at least $5,000.
(2) Every application to the Court for an order under section 23(1) of the Crown Proceedings Ordinance, restraining any person from receiving money payable to him by the Crown and directing payment of the money to the applicant or some other person must be made by summons and, unless the Court otherwise directs, served
(a) on the Crown at least 15 days before the return day, and
(b) on the person to be restrained or his solicitor at least 7 days after the summons has been served on the Crown and at least 7 days before the return day.
(2A) An application under paragraph (2) must be supported by an affidavit-
(a) setting out the facts giving rise to the application;
(b) stating the name and last known address of the person to
be restrained;
(c) identifying the order to be enforced and stating the amount of such order and the amount remaining unpaid under it at the time of the application, and
(d) identifying the particular debt from the Crown in respect
of which the application is made.
(3) Order 49, rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as those rules apply to an application under Order 49, rule 1, for an order for the attachment of a debt owing to any person from a garnishee, except that the Court shall not have power to order execution to issue against the Crown.
Proceedings relating to postal packets (O. 77, r. 17)
17. (1) An application by any person under section 7(3) of the Crown Proceedings Ordinance, for leave to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives must be made by originating summons.
(2) The Crown and the person in whose name the applicant seeks to bring proceedings must be made defendants to a summons under this rule.
(3) A summons under this rule shall be in Form No. 10 in Appendix A.