1964_CROWN_PROCEEDINGS_ORDINANCE — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

1964 Ed.]

Crown Proceedings.

[CAP. 300

13

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such;

(c) all such proceedings as the Crown is entitled to bring by virtue of this Ordinance;

and the expression "civil proceedings by or against the Crown" shall be construed accordingly.

(2) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings against the Crown shall be construed as a reference to the following proceedings only-

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any action against the Attorney General, any Government department or any officer of the Crown as such;

(c) all such proceedings as any person is entitled to bring against the Crown by virtue of this Ordinance;

and the expression "civil proceedings by or against the Crown" shall be construed accordingly.

(3) Notwithstanding anything in subsections (1) and (2), the provisions of this Part of this Ordinance shall not have effect with respect to any of the following proceedings, that is to say-

(a) proceedings brought by the Attorney General on the relation of some other person;

(b) proceedings by or against the Official Trustee;

(c) proceedings by the Attorney General or other person under Order 28, rules 15 and 16 of the Code of Civil Procedure (Cap. 4, sub. leg.).

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Rules of the Supreme Court

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1964 Ed.] Crown Proceedings. [CAP. 300 13 (a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule; (b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such; (c) all such proceedings as the Crown is entitled to bring by virtue of this Ordinance; and the expression "civil proceedings by or against the Crown" shall be construed accordingly. (2) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings against the Crown shall be construed as a reference to the following proceedings only- (a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule; (b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any action against the Attorney General, any Government department or any officer of the Crown as such; (c) all such proceedings as any person is entitled to bring against the Crown by virtue of this Ordinance; and the expression "civil proceedings by or against the Crown" shall be construed accordingly. (3) Notwithstanding anything in subsections (1) and (2), the provisions of this Part of this Ordinance shall not have effect with respect to any of the following proceedings, that is to say- (a) proceedings brought by the Attorney General on the relation of some other person; (b) proceedings by or against the Official Trustee; (c) proceedings by the Attorney General or other person under Order 28, rules 15 and 16 of the Code of Civil Procedure (Cap. 4, sub. leg.). 3 Rules of the Supreme Court 1
Baseline (Original)
1964 Ed.] Crown Proceedings. [CAP. 300 13 (a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule; (b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such; (c) all such proceedings as the Crown is entitled to bring by virtue of this Ordinance; and the expression "civil proceedings by or against the Crown" shall be construed accordingly. (2) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings against the Crown shall be construed as a reference to the following proceedings only- (a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule; (b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any action against the Attorney General, any Government department or any officer of the Crown as such; (c) all such proceedings as any person is entitled to bring against the Crown by virtue of this Ordinance; and the expression "civil proceedings by or against the Crown" shall be construed accordingly. (3) Notwithstanding anything in subsections (1) and (2), the provisions of this Part of this Ordinance shall not have effect with respect to any of the following proceedings, that is to say- (a) proceedings brought by the Attorney General on the relation of some other person; (b) proceedings by or against the Official Trustee; (c) proceedings by the Attorney General or other person under Order 28. rules 15 and 16 of the Code of Civit (Cap. 4, sub, leg.) Procedure. } 3 Д Rules of the Supreme Court | 1 i
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1964 Ed.]

Crown Proceedings.

[CAP. 300

13

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such;

(c) all such proceedings as the Crown is entitled to bring by

virtue of this Ordinance;

and the expression "civil proceedings by or against the Crown" shall be construed accordingly.

(2) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings against the Crown shall be construed as a reference to the following proceedings only-

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordin- ance had not been passed, might have been enforced or vindicated or obtained by any action against the Attorney General, any Government department or any officer of the Crown as such;

(c) all such proceedings as any person is entitled to bring

against the Crown by virtue of this Ordinance;

and the expression "civil proceedings by or against the Crown" shall be construed accordingly.

(3) Notwithstanding anything in subsections (1) and (2), the provisions of this Part of this Ordinance shall not have effect with respect to any of the following proceedings, that is to say-

(a) proceedings brought by the Attorney General on the

relation of some other person;

(b) proceedings by or against the Official Trustee;

(c) proceedings by the Attorney General or other person

under Order 28. rules 15 and 16 of the Code of Civit (Cap. 4, sub, leg.) Procedure.

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