14975-1910-Ordinance-passed-and-assented-to--Crown-Suits-No-5-of-1910 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, APRIL 15, 1910.

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HONGKONG.

No. 5 of 1910.

An Ordinance to regulate the Law relating to

Crown Suits.

F. D. LUGARD,

LS

Governor.

[15th April, 1910.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Crown Suits Short title. Ordinance, 1910.

Attorney

2. The Attorney General may lawfully commence and Crown suits prosecute in his own name any action or other civil to be in the proceedings in respect of any claim made by the Crown, name of the or by the Governor or Government of Hongkong, or by General. any officer of the said Government in his official capacity against a defendant whether the cause of action has already arisen or hereafter arises out of contract or tort or otherwise:

Provided always that this section shall not affect the commencement or prosecution of any proceedings in respect of which any law or Ordinance has provided or hereafter shall provide that such proceedings shall be taken in the name of some public officer other than the Attorney General.

officers.

3. In all contracts or other documents hereafter signed, Contacts executed or made by the Governor or by any public officer public of the Colony on behalf of the Governor or Government or of the Public Service it shall not be necessary to mame such Governor or officer; it shall be sufficient to uame the office he holds; and the Governor or officer for the time being administering the Government, or performing the duties of the office named shall (unless the contrary intention appears) be deemed to be a party there to as if the office of such Governor or officer was a corporation. sole with perpetual succession for this purpose.

officer.

4. Every contract and other document heretofore signed, Effect of exccuted or made by any Governor or other public officer contracts on behalf of the Governor or Government of the Colony already made or of the Public Service shall (unless the contrary inten- by public tion appears) be deemed to have been made by such Governor or officer on behalf of himself and his successors in office, and shall be enforceable by the Governor or officer for the time being administering the Government or per- forming the duties of the office named, or in cases not coming within the proviso to section 2 of this Ordinance, by the Attorney General on behalf of such Governor or officer as if the office of such Governor or officer had, at the time of such execution or making, been a corporation sole with perpetual succession for this purpose.

5. Contracts made, or to be made, in England, for the Contracts by Government of the Colony or for the Public Service of the Crown Colony by the Crown Agents, shall, so far as the same come within the jurisdiction of the Courts of the Colony,

be deemed to have been made by the Governor.

Agents.

6. The omission to add the title of the public office held Omission by any Governor or public officer signing or executing of title after any such contract or other document as aforesaid after the signature of

of public signature of such officer shall not exelude such contract or

officer. other document, whether made before or after the com- mencement of this Ordinance, from the operation of this Ordinance.

Passed the Legislative Council of Hongkong, this 14th day of April, 1910.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 15th day of April, 1910.

F. H. MAY, Colonial Secretary.

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