1964_CROWN_PROCEEDINGS_ORDINANCE — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

1964 Ed.]

Crown Proceedings.

[CAP. 300

11

relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly.

13. (1) Civil proceedings by or against the Crown instituted under the provisions of this Ordinance shall be instituted by or against the Attorney General.

(2) No proceedings instituted in accordance with this Part of this Ordinance by or against the Attorney General shall abate or be affected by any change in the person holding the office of Attorney General.

14. All documents required to be served on the Crown for the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Attorney General.

15. (1) If in a case where proceedings are instituted against the Crown in the District Court an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court,

Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs.

(2) Without prejudice to the rights of the Crown under sub-section (1), all rules of law and enactments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown:

Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown.

16. (1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require:

Provided that-

(a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects

Parties to proceedings.

[cf. 10 & 11 Geo. 6 c. 44, s. 17.]

Service of documents.

[cf. 10 & 11 Geo. 6 c. 44, s. 18.]

Removal and transfer of proceedings.

(cf. 10 & 11 Geo. 6 c. 44, s. 20.)

Nature of relief.

10 & 11 Geo. 6 c. 44, s. 21.

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1964 Ed.] Crown Proceedings. [CAP. 300 11 relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly. 13. (1) Civil proceedings by or against the Crown instituted under the provisions of this Ordinance shall be instituted by or against the Attorney General. (2) No proceedings instituted in accordance with this Part of this Ordinance by or against the Attorney General shall abate or be affected by any change in the person holding the office of Attorney General. 14. All documents required to be served on the Crown for the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Attorney General. 15. (1) If in a case where proceedings are instituted against the Crown in the District Court an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court, Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs. (2) Without prejudice to the rights of the Crown under sub-section (1), all rules of law and enactments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown: Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown. 16. (1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require: Provided that- (a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects Parties to proceedings. [cf. 10 & 11 Geo. 6 c. 44, s. 17.] Service of documents. [cf. 10 & 11 Geo. 6 c. 44, s. 18.] Removal and transfer of proceedings. (cf. 10 & 11 Geo. 6 c. 44, s. 20.) Nature of relief. 10 & 11 Geo. 6 c. 44, s. 21.
Baseline (Original)
1964 Ed.] Crown Proceedings. [CAP. 300 11 relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly. 13. (1) Civil proceedings by or against the Crown instituted under the provisions of this Ordinance shall be instituted by or against the Attorney General. (2) No proceedings instituted in accordance with this Part of this Ordinance by or against the Attorney General shall abate or be affected by any change in the person holding the office of Attorney General. 14. All documents required to be served on the Crown for the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Attorney General. 15. (1) If in a case where proceedings are instituted against the Crown in the District Court an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court, Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs. (2) Without prejudice to the rights of the Crown under sub- section (1), all rules of law and enactments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown: Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown. 16. (1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceed- ings between subjects, and otherwise to give such appropriate relief as the case may require: Provided that- (a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects Parties to proceedings. [cf. 10 & 11 Geo. 6 c. 44. s. 17.) Service of documents. lef. 10 & 11 Geo. 6 c. 44, s. 18.1 Removal and transfer of proceedings. (cf. 10 & 11 Geo. 6 c. 44, s. 20.) Nature of relief. 10 & 11 Geo. 6 c. 44, s. 21.
2026-05-04 12:54:02 · Baseline
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1964 Ed.]

Crown Proceedings.

[CAP. 300

11

relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly.

13. (1) Civil proceedings by or against the Crown instituted under the provisions of this Ordinance shall be instituted by or against the Attorney General.

(2) No proceedings instituted in accordance with this Part of this Ordinance by or against the Attorney General shall abate or be affected by any change in the person holding the office of Attorney General.

14. All documents required to be served on the Crown for the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Attorney General.

15. (1) If in a case where proceedings are instituted against the Crown in the District Court an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court,

Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs.

(2) Without prejudice to the rights of the Crown under sub- section (1), all rules of law and enactments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown:

Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown.

16. (1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceed- ings between subjects, and otherwise to give such appropriate relief as the case may require:

Provided that-

(a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects

Parties to proceedings.

[cf. 10 & 11 Geo. 6 c. 44. s. 17.)

Service of documents.

lef. 10 & 11 Geo. 6 c. 44, s. 18.1

Removal and transfer of proceedings.

(cf. 10 & 11 Geo. 6 c. 44, s. 20.)

Nature of relief.

10 & 11 Geo. 6 c. 44, s. 21.

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