1957-HKRS28-8-24_Part01 — Page 39

Exclusion

of pro- ceedings

in rem against

the Crown,

Limitation

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25. (1) Nothing in this Ordinance shall authorize proceed- ings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any ships or aircraft belonging to Her Majesty or the Government, or of any cargo or other property belonging to the Crown, or give to any person any lien on any such ship, aircraft, cargo or other property,

(2) Where proceedings in rem have been instituted in the Supreme Court or the District Court against any such ship, air- craft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this sub- section or an application by the Crown to set aside the proceed- ings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly justituted against the Crown in accordance with the provisions of this Ordinance, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.

Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient,

28. Nothing in this Ordinance shall prejudice the right of of actions the Crown to rely upon the law relating to the limitation of time

for bringing proceedings against public authorities.

Applica- tion to the Crown of certain statutory provisions,

(Vol. VII, P. 44).

27. (1) This Ordinance shall not prejudice the right of the Crown to take advantage of the provisions of a Statute or enact- ment although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any Statute or enactment which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may. subject to any express provision to the contrary, be so relied upon by the Crown.

(2) Rule 1 af Order XXVI of the Code of Civil Procedure (which empowers the court in certain circumstances to order the defendant about to leave the jurisdiction of the court to furnish security) shall, with any necessary modifications, apply to civil proceedings in the Supreme Court by the Crown.

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28. No claim by or against the Crown, and no proceedings No abata- for the enforcement of any such claim, shall abate or be affected by the demise of the Crown.

ment on demise of Crown.

29. No writ of extent or of diem clausit extremun shall issue Abolition after the commencement of this Ordinance.

of certain writs.

30. (1) Any power to make rules of court shall include power Rules of to make rules for the purpose of giving effect to the provisions of court, this Ordinance, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the rules applying to proceedings between subjects.

(2) Provision shall be made by rules of court with respect to the following matters-

(a) for providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether British subjects or not, who are not resident in Hong Kong;

(b) for securing that where any civil proceedings are brought against the Crown in accordance with the provisions of this Ordinance the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reason- ably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Government concerned; (c) for providing that in the case of proceedings against the Crown the plaintiff shall not enter judgment against the Crown in default of appearance or pleading without the leave of the court to be obtained on an application of which notice has been given to the Crown;

(d) for excepting proceedings brought against the Crown from the operation of any rule of court providing for summary judgment without trial, and for enabling any such proceedings to be put in proper cases into any special list which may be kept for the trial of short causes in which leave to defend is given under any such rule of court as aforesaid;