Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 15

Removal and transfer of proceedings

(Past version on 30/06/1997).

(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
Secretary for Justice 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. (Amended L.N.
362 of 1997) 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.]