1964_SUPREME_COURT_ORDINANCE — Page 47

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 4]

Supreme Court

[1989 Ed.

(ii) any offence not within subparagraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;

(b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

"related penalty", in relation to any proceedings to which subsection (1)

applies, means-

(a) in the case of proceedings within subsection (2)(a) or (b), any

penalty incurred in respect of any thing done or omitted in connection with the infringement or passing off to which those proceedings relate;

(b) in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.

(6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

45. Application to Crown of sections 41 to 44

(Added 52 of 1982 s. 2) [cf. 1981 c. 54 s. 72 U.K.]

(1) Section 44 shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the High Court that it may become the subject matters of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person's death.

(2) Sections 41, 42 and 43 shall bind the Crown.

(3) The High Court shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

[cf. 1970 c. 31 s. 35 U.K.]

PART VII

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Writs

(Replaced 52 of 1987 s. 35)

46. Writs

(1) All writs other than the writs listed in the Schedule are abolished.

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46 CAP. 4] Supreme Court [1989 Ed. (ii) any offence not within subparagraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty; (b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings; "related penalty", in relation to any proceedings to which subsection (1) applies, means- (a) in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of any thing done or omitted in connection with the infringement or passing off to which those proceedings relate; (b) in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings. (6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description. 45. Application to Crown of sections 41 to 44 (Added 52 of 1982 s. 2) [cf. 1981 c. 54 s. 72 U.K.] (1) Section 44 shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the High Court that it may become the subject matters of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person's death. (2) Sections 41, 42 and 43 shall bind the Crown. (3) The High Court shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest. [cf. 1970 c. 31 s. 35 U.K.] PART VII MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS Writs (Replaced 52 of 1987 s. 35) 46. Writs (1) All writs other than the writs listed in the Schedule are abolished.

Baseline (Original)

46 CAP. 4] Supreme Court [1989 Ed. (ii) any offence not within subparagraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty; (b) in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings; "related penalty", in relation to any proceedings to which subsection (1) applies, means- (a) in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of any thing done or omitted in connection with the infringement or passing off to which those proceedings relate; (b) in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings. (6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description. 45. Application to Crown of sections 41 to 44 (Added 52 of 1982 s. 2) [cf. 1981 c. 54 s. 72 U.K.] (1) Section 44 shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the High Court that it may become the subject matters of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person's death. (2) Sections 41, 42 and 43 shall bind the Crown. (3) The High Court shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest. [cf. 1970 c. 31 5. 35 U.K.] PART VII MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS Writs (Replaced 52 of 1987 s. 35) 46. Writs (1) All writs other than the writs listed in the Schedule are abolished.

2026-05-05 13:44:12 · Baseline

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