1957-HKRS29-8-24_Part01 — Page 35

Civil pro- ceedings in the Supreme Court. First Schedule,

Civil pro- ceedinga in the District Court.

(Cap. 5).

10

abridge any powers or authorities exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, any of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom or in the Colony.

(3) Where in any proceedings under this Ordinance it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Crown, the Governor may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.

PART III.

Jurisdiction and Procedure.

10. Subject to the provisions of this Ordinance, all such civil proceedings by or against the Crown as are mentioned in the First Schedule to this Ordinance are hereby abolished, and all civil proceedings by or against the Crown in the Supreme Court shall be instituted and proceeded with in accordance with rules of court.

In this section the expression "rules of court" means, in rela- tion to any claim against the Crown in the Supreme Court which falls within the jurisdiction of that court as a prize court, rules of court made under section 3 of the Prize Courts Act, 1894.

11. (1) Subject to the provisions of this Ordinance, and to any enactment limiting the jurisdiction of the District Court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceed- ings or otherwise) any civil proceedings by or against the Crown may be instituted in the District Court.

(a) Any proceedings by or against the Crown in the District Court shall be instituted and proceeded with in accordance with rules of court.

(3) On and after the commencement of this Ordinance, the District Court shall cease to exercise the jurisdiction under section 10 of the Supreme Court (Summary Jurisdiction) Ordinance con- ferred upon the District Court by virtue of the provisions of

(1 of 1953). section 14 of the District Court Ordinance, 1953:

11

Provided that any action or other proceeding pending in the District Court which has not been disposed of prior to the com- mencement of this Ordinance shall be disposed of and dealt with in like manner as if this Ordinance had not been passed.

12. The Crown may obtain relief by way of interpleader Inter-

plender. proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto; and all rules of court relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly.

to pro-

13, (1) Civil proceedings by or against the Crown instituted Parties under the provisions of this Ordinance shall be instituted by or ceedings. against the Attorney General.

(2) No proceedings instituted in accordance with this Pant of this Ordinance by or against the Attorney General shall abate or be affected by any change in the person holding the office of Attorney General.

14. All documents required to be served on the Crown for Service of

documents. the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Attorney General.

ceedings.

15. (1) If in a case where proceedings are instituted against Removal the Crown in the District Court an application in that behalf and

transfer is made by the Crown to the Supreme Court, and there is produced of pro- to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court,

Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs.