Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 17

Costs in civil proceedings to which the Crown is a party

(Past version on 30/06/1997).

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 Secretary for Justice 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 Secretary
        for Justice appears, and may in the exercise of its or his discretion
        order any other party to the proceedings to pay the costs of the
        Secretary for Justice whatever may be the result of the proceedings;
        and (Amended L.N. 362 of 1997)

   (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.