1957-HKRS28-8-24_Part01 — Page 40

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(e) for authorizing the Crown to deliver interrogatories without the leave of a court in any proceedings for the enforcement of any right for the enforcement of which proceedings by way of English information might have been taken if this Ordinance had not been passed, so, however, that the Crown shall not be entitled to deliver any third or subsequent interrogatories without the leave of the court;

(f) for enabling evidence to be taken on commission in

proceedings by or against the Crown:

(g) for providing-

(i) that a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Crown for the recovery of taxes, duties or penalties, or to avail himself in proceedings of any other nature by the Crown of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, or penalties;

(ii) that the Crown, when sued in the name of the Attorney General, shall not be entitled to avail itself of any set-off or counterclaim without the leave of the court.

(3) Provision may be made by rules of court for regulating any appeals to the Supreme Court, whether by way of case stated or otherwise, under enactments relating to the revenue, and any rules made under this subsection may revoke any enactments or rules in force immediately before the commencement of this Ordinance so far as they regulate any such appeals, and may make provision for any matters for which provision was made by any enactments or rules so in force.

31. Save as otherwise expressly provided, the provisions of this Ordinance shall not affect proceedings by or against the Crown which have been instituted before the commencement of this Ordinance; and for the purpose of this section proceedings against the Crown shall be deemed to have been so instituted if a statement of claim with respect to the matter in question has been filed and a sealed copy thereof has been served upon the Attorney General before the commencement of this Ordinance.

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32. (1) Any expenditure incurred by or on behalf of the Financial

provisiona Crown in right of Her Majesty's Government in the Colony by reason of the passing of this Ordinance shall be defrayed out of moneys provided by the Legislative Council.

(*) Any sums payable to the Crown by reason of the passing of this Ordinance shall be paid into the Treasury,

33. (1) The statutes set out in the Second Schedule to this Statutes Ordinance shall no longer have effect in the Colony to the extent specified in the third column of that Schedule.

no longer effective and amend- menta. Second

(2) The enactments set out in the Third Schedule to this Schedule. Ordinance are amended in the manner specified in the third Third

Schedule. column of that Schedule.

34. (1) Nothing in this Ordinance shall apply to proceedings Savings, by or against, or authorize proceedings in tort to be brought against, Her Majesty in Her private capacity.

(2) Except as therein otherwise expressly provided, nothing in this Ordinance shall-

(a) affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of any court as a prize court or to any criminal pro- ceedings; or

(b) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordin- ance in respect of any alleged liability of the Crown arising otherwise than in respect of Her Majesty's Government in the Colony, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid; or

(c) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordin- ance in respect of any act, neglect, or default of any officer or agent of the Crown, unless-

()such officer has been directly or indirectly appoint- ed by the Crown and was at the material time paid in respect of his duties as an officer of the Crown wholly out