Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 15

Removal and transfer of proceedings

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

(1) If in a case where proceedings are instituted against the Crown in the
District Court an application in that behalf is made by the Crown to the
Supreme Court, and there is produced to the court a certificate of the
Attorney General to the effect that the proceedings may involve an important
question of law, or may be decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried in the Supreme Court,
the proceedings shall be removed into the Supreme Court. Where any proceedings
have been removed into the Supreme Court on the production of such a
certificate as aforesaid, and it appears to the court by whom the proceedings
are tried that the removal has occasioned additional expense to the person by
whom the proceedings are brought, the court may take account of the additional
expense so occasioned in exercising its powers in regard to the award of
costs.

(2) Without prejudice to the rights of the Crown under subsection

(1), all rules of law and enactments relating to the removal or transfer of
proceedings from the District Court to the Supreme Court, or the transfer of
proceedings from the Supreme Court to the District Court, shall apply in
relation to proceedings against the Crown: Provided that an order for the
transfer to the District Court of any proceedings against the Crown in the
Supreme Court shall not be made without the consent of the Crown. [cf. 1947 c.
44 s. 20 U.K.]