TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 4

(3)

(4)

for the purposes of this paragraph) or was at

the material time holding an office in respect

of which ?????? certifies that the holder would

normally be so paid; and

(b) in the case of an agent, the agent was at the

material time acting for and on behalf of the

Crown in right of Her Majesty's Government in

the United Kingdom.

-

The proceedings referred to in subsection (1)

(a) are subject to the same rules and provisions,

with appropriate modifications, that apply to

proceedings brought by or against the Crown in

right of Her Majesty's Government in Hong Kong;

and

(b) may be instituted by or against the officer,

department or agent in his or its own name.

Documents to be served in proceedings referred to in

subsection (1) may be served on the officer, department or

agent, as the case may be.

Explanatory Memorandum

This Bill amends the Crown Proceedings Ordinance as follows -

(a)

clause 2 adds a new section 7A which suspends the

effect of section 8 of the Ordinance, but allows it

to be revived by instruction of the Secretary of

State in specified circumstances. Section 8

presently grants the armed forces and the Crown in

relation to armed forces premises, etc., immunity