1957-HKRS29-8-24_Part01 — Page 38

Execution by the Crown.

Attach-

ment of money!

payable by the Crown.

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Provided that the court by which any such order as aforesaid is made or any court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of any amount so payable or any part thereof, shall be suspended, and if the certificate has not been issued may order any such directions to be inserted therein.

(4) Save as aforesaid no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Crown of any such money or costs as aforesaid, and no person shall be individually liable under any order for the payment by the Crown, or any Government department, or any officer of the Crown as such, of any such money or costs.

(3) This section shall apply both in relation to proceedings pending at the commencement of this Ordinance and in relation to proceedings instituted thereafter.

22. (1) Subject to the provisions of this Ordinance, any order made in favour of the Crown against any person in any civil proceedings to which the Crown is a party may be enforced in the same manner as an order made in an action between subjects and not otherwise.

(2) Nothing in this section shall affect any procedure which immediately before the commencement of this Ordinance was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship.

23. (0) Where any money is payable by the Crown to some person who, under nay order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Crown were money payable by a subject, be entitled under rules of court to obtain an order for the attach- ment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the Supreme Court may, subject to the provisions of this Ordinance and in accordance with rules of court, make an order restraining the first-mentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver:

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Provided that no such order shall be made in respect of→

(a) any wages or salary payable to any officer of the Crown

as such;

(b) any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution.

(2) The provisions of subsection (1) shall, so far as they relate to forms of relief falling within the jurisdiction of the District Court, have effect in relation to the District Court as they have effect in relation to the Supreme Court.

PART V.

Miscellaneous and Supplemental.

24. (1) Subject to and in accordance with rules of court-

(a) in any civil proceedings in the Supreme Court or the District Court to which the Crown is a party, the Crown may be required by the court to make discovery of documents and produce documents for inspection; and (b) in any such proceedings as aforesaid, the Crown may be

required by the court to answer interrogatories:

Provided that this section shall be without prejudice to any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

Any order of the court made under the powers conferred by paragraph (b) of this subsection shall direct by what officer of the Crown the interrogatories are to be answered.

(2) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if, in the opinion of the Governor, it would be injurious to the public interest to disclose the existence thereof.

Discovery.