TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 3

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

4.

Section added

The following section is added after section 8

Right to sue UK Crown

"8A.

(1)

Notwithstanding section 34 (2) (b) and (d), it is

lawful

(a)

(b)

for any person to take civil proceedings in Hong

Kong against the Crown in right of Her Majesty's

Government in the United Kingdom as represented

by any officer, department or agent who or which

is present in Hong Kong according to the

principles of private international law; and

for the Crown in right of Her Majesty's

Government in the United Kingdom as represented

by any officer, department or agent who or which

is present in Hong Kong according to the

principles of private international law to take

civil proceedings in Hong Kong.

(2) Subsection (1)(a) does not authorize proceedings to

be taken in respect of any act, neglect or default of an

officer or agent unless

(a)

-

in the case of an officer, the officer was

directly or indirectly appointed by the Crown in

right of Her Majesty's Government in the United

Kingdom and was at the material time paid in

respect of his duties as an officer or agent

wholly out of the revenues of the Crown in right

of Her Majesty's Government in the United

Kingdom (or any other fund certified by ??????

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