CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
815
purchaser for valuable consideration of any property sold in property in satisfaction of the plaintiff's claim.
CHAPTER XVIII.
ACTION BY OR AGAINST THE GOVERNMENT.
case writ dissolved. H.K. Code, s. 82 (28).
name of the.
478. The Attorney General may lawfully commence and Crown suits prosecute in his own name any action or other civil proceedings to be in the in respect of any claim made by the Crown, or by the Governor or Government, or by any officer of the Government in his official capacity, against a defendant whether the cause of action 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 enactment provides that such proceedings shall be taken in the name of some public officer other than the Attorney General.
479.—(1) Any claim against the Government of the same nature as claims within the provisions of the Petitions of Right Act, 1860, may be preferred in the court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
(2) In such case it shall not be necessary for the plaintiff to issue a writ of summons but the action shall be commenced by the filing of a statement of claim and the service of a sealed copy thereof on the Crown Solicitor.
Mode of preferring claim against Government. H.K. Code, s. 83 (1), (2).
23 & 24 Vict. c. 34.
480.—(1) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor, whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat.
(2) If the Governor grants his consent as aforesaid such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
(3) In such case the action may, subject to the provisions of this Chapter, proceed and be carried on under the ordinary procedure provided by this Code.
* As amended by Law Rev. Ord., 1939.
H.K. Code, s. 83 (3).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
815
purchaser for valuable consideration of any property sold in property in satisfaction of the plaintiff's claim.
CHAPTER XVIII.
ACTION BY OR AGAINST THE GOVERNMENT.
case writ dissolved. H.K. Code, s. 82 (28).
name of the.
478. The Attorney General may lawfully commence and Crown suits prosecute in his own name any action or other civil proceedings to be in the in respect of any claim made by the Crown, or by the Governor Attorney or Government, or by any officer of the Government in his General. official capacity, against a defendant whether the cause of action. arises out of contract or tort or otherwise;
Provided always that this section shall not affect the com- mencement or prosecution of any proceedings in respect of which any enactment provides that such proceedings shall be taken in the name of some public officer other than the Attorney General.
479.-(1) Any claim against the Government of the same nature as claims within the provisions of the Petitions of Right Act, 1860, may be preferred in the court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
any
(2) In
such case it shall not be necessary for the plaintiff to issue a writ of summons but the action shall be com- menced by the filing of a statement of claim and the service of a sealed copy thereof on the Crown Solicitor.
Mode of pre- ferring claim against Government.
H.K. Code, s. 83 (1), (2).
*
23 & 24 Vict.
c. 34.
and
480.—(1) On the application of the Crown Solicitor, the Consent of Registrar shall deliver to him the original statement of claim Governor, for submission to the Governor, whose consent shall be necessary procedure to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of s. 83 (3). England in refusing his fiat.
(2) If the Governor grants his consent as aforesaid such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
(3) In such case the action may, subject to the provisions of this Chapter, proceed and be carried on under the ordinary procedure provided by this Code.
* As amended by Law Rev. Ord., 1939.
thereafter. H.K. Code,
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