A
Mr M Clayton
Directorate of Defence Services
Room B508 Whitgift Centre Department of the Environment
Wellesday Road
CROYDON Surrey CR9 3LY
270 2651
ROBAPS
16 December 1988
PROPOSED AMENDMENT TO THE CROWN PROCEEDINGS ORDINANCE IN HONG KONG
1. Mr Footman spoke to you recently concerning proposals to
This letter amend the Crown Proceedings Ordinance in Hong Kong. sets out the present position, and asked for your comments on the proposals.
2.
Under present arrangements, in accordance with Hong Kong's Crown Proceedings Ordinance, a person cannot institute civil proceedings in Hong Kong against the Crown in the right of the United Kingdom. This situation means that a system of out-o-court settlements is necessary for cases which would, normal circumstances, be resolved by civil proceedings through the Courts. Alternatively such cases would have to be pursued in the
UK.
under
3. There are only four agents of the Crown in the right of the United Kingdom acting in Hong Kong: the armed forces, the British Trade Commission, UKREP JLG, and the Property Services Agency of the Department of the Environment. In practice there have only been problems in respect of the armed forces.
4.
Hong Kong now proposes that they should amend their Crown Proceedings Ordinance to permit plaintiffs to sue the Crown in the
The reasons for right of the United Kingdom in Hong Kong Courts.
this are:
(a) to overcome the practical problems there have been in respect
of the armed forces;
(b) by addressing all agents of the Crown in Hong Kong, to
establish arrangements which could be the basis for similar arrangements for agents of the PRC after the transfer of sovereignty in 1997.
These proposals would not affect other restrictions which prevent cases being heard in Hong Kong courts, so that it would still not be possible to bring a case in Hong Kong against the Crown in right of the United Kingdom if the case involved events which had no connection with Hong Kong.
CONFIDENTIAL
No comments yet.
Private notes are available after approval.