Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 2

Interpretation

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

(1) Any reference in this Ordinance to the provisions of this Ordinance shall,
unless the context otherwise requires, include a reference to rules of court
made for the purposes of this Ordinance.

(2) In this Ordinance, except in so far as the context otherwise requires, or
it is otherwise expressly provided, the following expressions have the
meanings hereby respectively assigned to them, that is to say- "agent"
(代理人), when used in relation to the Crown, includes an independent
contractor employed by the Crown; "civil proceedings" (民事法律程序)
includes proceedings in the Supreme Court or the District Court for the
recovery of fines or penalties, but does not include proceedings of a nature
such as in England are taken on the Crown side of the Queen's Bench Division
of Her Majesty's High Court of Justice; "officer" (人員), in relation to the
Crown, includes any servant of the Crown; "order" (命令) includes a
judgment, decree, rule, award or declaration; "prescribed" (訂明) means
prescribed by rules of court; "proceedings against the Crown"
(針對官成提出的法律程序) includes a claim by way of set-off or
counterclaim raised in proceedings by the Crown; "ship" (船舶) includes
every description of vessel used in navigation not propelled by oars; "rules
of court" (法院規則) means rules made by the authority having for the time
being power to make rules and orders regulating the practice and procedure of
the Supreme Court or the District Court, as the case may be; "statutory duty"
(法定責任) means any duty imposed by or under any Act of Parliament or
Ordinance.

(3) Any reference in this Ordinance to Her Majesty in Her private capacity
shall be construed as including a reference to Her Majesty in right of Her
Duchy of Lancaster.

(4) Any reference in Part IV or V of this Ordinance to civil  proceedings by
or against the Crown, or to civil proceedings to which the Crown is a party,
shall be construed as including a reference to civil  proceedings to which the
Attorney General, or any Government department, or any officer of the Crown as
such, is a party: Provided that the Crown shall not for the purposes of Parts
IV and V of this Ordinance be deemed to be a party to any proceedings by
reason only that they are brought by the Attorney General upon the relation of
some other person.

(5) References in this Ordinance to any enactment shall be construed as
references to that enactment as amended by or under any enactment, including
this Ordinance. [cf. 1947 c. 44 s. 38 U.K.] "agent" (代理人) "civil
proceedings" (民事法律程序) "officer" (人員) "order" (命令)
"prescribed" (訂明) "proceedings against the Crown"
(針對官成提出的法律程序) "ship" (船舶) "rules of court"
(法院規則) "statutory duty" (法定責任)