Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 19

Scope of Part III

Caution: This is a past version. See the current version here.

(1) Subject to the provisions of this section, any reference in this Part of
this Ordinance to civil proceedings by 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 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" (由官方提出或針對官方提
        出的民事法律程序) 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"
        (由官方提出或針對官方提 出的民事法律程序) 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 120,
        rules 3 and 4 of the Rules of the Supreme Court (Cap 4 sub. leg.).
        (Amended L.N. 117 of 1988; L.N. 282 of 1989; L.N. 162 of 1993) "civil
        proceedings by or against the Crown"
        (由官方提出或針對官方提出的民事法律程序)