CONFIDENTIAL
Attorney General's Chambers
From
AGC HCMP 649/87
Ref.
In
Tel. No.
Date
5-296913
15 April 1987
MEMO
-(10)
Commissioner for Television To and Entertainment Licensing
Your Ref.
in
dated
URGENT
Film Censorship Regulations
NG See Yuen
Trading as Seasonal Film Corporation
V
Attorney General
BY HAND
I write to confirm that the Attorney General was yesterday served with legal papers in an action brought by Mr Ng See Yuen, who trades as the Seasonal Film Corporation. In these proceedings the plaintiff is asking the Court to declare that the Film Censorship Authority acted illegally in banning his film "Men Without a Promised Land" from exhibition in Hong Kong in 1981. The plaintiff is also asking for a declaration that the ban caused loss and damage to him. I enclose a copy of the Originating Summons together with a copy of Mr Ng's Affirmation which sets out the facts of his case.
2.
I
The Attorney General has been served because, as you know, the Attorney General acts as the Government in all civil proceedings brought by or against the Crown. assume that it would be Government's wish that the se proceedings should be defended. However, I would very much welcome formal instructions to this effect. I have asked Mr W R Marshall, Deputy Crown Solicitor (Litigation) to read into this case, since he would represent the Attorney General if the action proceeds to trial. He would be assisted by Mr D P Logan and Ms Stella Che.
3.
On the assumption that the Government wishes these proceedings to be defended, the next step would be for us to file a formal document that simply acknowledges receipt of the legal papers without any admissions of liability. However, this formal document (termed an Acknowledgment of Service) must indicate whether we are to contest the action. Under the Rules of the Court, this document must be filed within 14 days of the service In other words, we must file
CONFIDENTIAL of the Originating Summons.
D).
310
DA"
INWARD
our Acknowledgment of Service no later than 28 April.
TEX8
LETE
CONFIDENTIAL #Z
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4.
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