1964 Ed.]
Crown Proceedings.
[CAP. 300
17
Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.
26. Nothing in this Ordinance shall prejudice the right of the Crown to rely upon the law relating to the limitation of time for bringing proceedings against public authorities.
27. (1) This Ordinance shall not prejudice the right of the Crown to take advantage of the provisions of a statute or enactment although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any statute or enactment which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Crown.
(2) Rule 1 of Order 24 of the Code of Civil Procedure (which empowers the court in certain circumstances to order the defendant about to leave the jurisdiction of the court to furnish security) shall, with any necessary modifications, apply to civil proceedings in the Supreme Court by the Crown.
28. No claim by or against the Crown, and no proceedings for the enforcement of any such claim, shall abate or be affected by the demise of the Crown.
29. No writ of extent or of diem clausit extremum shall issue after the commencement of this Ordinance.
30. (1) Any power to make rules of court shall include power to make rules for the purpose of giving effect to the provisions of this Ordinance, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the rules applying to proceedings between subjects.
(2) Provision shall be made by rules of court with respect to the following matters—
(a) for providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether British subjects or not, who are not resident in Hong Kong;
(b) for securing that where any civil proceedings are brought against the Crown in accordance with the provisions of this Ordinance the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reasonably require.
Limitation of actions.
(cf. 10 & 11 Geo. 6 c. 44, s. 30.)
Application to the Crown of certain statutory provisions.
(Cap. 4. sub. leg.)
No abatement on demise of Crown.
10 & 11 Geo. 6 c. 44, s. 32.
Abolition of certain writs.
10 & 11 Geo. 6 c. 44, s. 33.
Rules of court.
(cf. 10 & 11 Geo. 6 c. 44, s. 35.)
Boot 198252
!
I
1964 Ed.]
Crown Proceedings.
[CAP. 300
17
Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.
26. Nothing in this Ordinance shall prejudice the right of the Crown to rely upon the law relating to the limitation of time for bringing proceedings against public authorities.
27. (1) This Ordinance shall not prejudice the right of the Crown to take advantage of the provisions of a statute or enact- ment although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any statute or enactment which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the pro- ceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Crown.
(2) Rule 1 of Order 24 of the Code of Civil Procedure (which empowers the court in certain circumstances to order the defendant about to leave the jurisdiction of the court to furnish security) shall, with any necessary modifications, apply to civil proceedings in the Supreme Court by the Crown.
28. No claim by or against the Crown, and no proceedings for the enforcement of any such claim, shall abate or be affected by the demise of the Crown.
29. No writ of extent or of diem clausit extremum shall issue after the commencement of this Ordinance.
30. (1) Any power to make rules of court shall include power to make rules for the purpose of giving effect to the pro- visions of this Ordinance, and any such rules may contain pro- visions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the rules applying to proceedings between subjects.
(2) Provision shall be made by rules of court with respect to the following matters--
(a) for providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether British
Who are not resident in subjects or not, Hong Kong;
(b) for securing that where any civil proceedings are brought against the Crown in accordance with the provisions of this Ordinance the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reason-
Limitation of actions.
(cf. 10 & 11 Geo. 6 c. 44, s. 30.1
Application to the Crown of certain statutory provisions.
(Cap. 4. sub. leg.)
No abatement on demise of Crown.
10 & 11 Geo. 6 c. 44, s. 32.
Abolition of certain writs.
10 & 11 Geo. 6 c. 44. s. 33.
Rules of court. lef. 10 & 11 Geo. 6 c. 44, s. 35.]
Boot 198252
I
No comments yet.
Private notes are available after approval.