Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 17

Costs in civil proceedings to which the Crown is a party

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

In any civil proceedings or arbitration to which the Crown is a party, the
costs of and incidental to the proceedings shall be awarded in the same manner
and on the same principles as in cases between subjects, and the court or
arbitrator shall have power to make an order for the payment of costs by or to
the Crown accordingly : Provided that-

   (a)  in the case of proceedings to which by reason of any enactment or
        otherwise the Attorney General is authorized to be made a party, the
        court or arbitrator shall have regard to the nature of the proceedings
        and the character and circumstances in which the Attorney General
        appears, and may in the exercise of its or his discretion order any
        other party to the proceedings to pay the costs of the Attorney
        General whatever may be the result of the proceedings; and

   (b)  nothing in this section shall affect the power of the court or
        arbitrator to order, or any enactment providing for, the payment of
        costs out of any particular fund or property, or any enactment
        expressly relieving any department or officer of the Crown of the
        liability to pay costs.