TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 196

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[Agreed. Certainly s.16 of Cap 300 (s.21 of 1947 Act)

restates the law and makes this the position in

actions and matters against the Crown or Crown officers.1

This is so even in respect of an injunction sought

under section 21K of the SCO and Order 53 (See

Factortame case, supra, at 706-08).

[Factortame confirms the view held by these Chambers on this issue since the decision in Herbage No.1. However if I read Lord Bridge correctly in Factortame he simply says that injunction and interim injunction and interim declaration against the Crown were never available in Crown side proceedings and that

neither s.31 of the Supreme Court Act 1981 (our Cap 4, s.21K) nor respective 0.53's, authoritatively construed, made any change. He is not cross applying

s.21 of the 1947 Act - (Cap 300 s.16) to crown

side proceedings. He does, however, comment that it would be strange if the rules were different

in the two different kinds of proceedings against the Crown. In my view his judgement is authoritative to the point of unassailability on this point.]

As I understand it, this is interpreted to preclude,

for all practical purposes, injunctions against

Crown officers in respect of anything done or purportedly

done in their official capacity.

[Agreed.]

Unlike in some common law jurisdictions (e.g. federal and most state jurisdictions in Australia, and

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