Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 21

Satisfaction of orders against the Crown

(Past version on 30/06/1997).

(1) Where in any civil proceedings by or against the Crown, or in any
proceedings such as in England are taken on the Crown side of the Queen's
Bench Division of Her Majesty's High Court of Justice, or in connection with
any arbitration to which the Crown is a party, any order

(including an order for costs) is made by any court in favour of any person
against the Crown or against a Government department or against an officer of
the Crown as such, the proper officer of the court shall, on an application in
that behalf made by or on behalf of that person at any time after the
expiration of twenty-one days from the date of the order or, in case the order
provides for the payment of costs and the costs require to be taxed, at any
time after the costs have been taxed, whichever is the later, issue to that
person a certificate in the prescribed form containing particulars of the
order: Provided that, if the court so directs, a separate certificate shall be
issued with respect to the costs (if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this section may be served by the
person in whose favour the order is made upon the Secretary for Justice.
(Amended L.N. 362 of 1997)

(3) If the order provides for the payment of any money by way of damages or
otherwise, or of any costs, the certificate shall state the amount so payable,
and the Director of Accounting Services shall, subject as hereinafter
provided, pay to the person entitled or to his solicitor the amount appearing
by the certificate to be due to him together with the interest, if any,
lawfully due thereon: (Amended L.N. 16 of 1977; L.N. 453 of 1993) Provided
that the court by which any such order as aforesaid is made or any court to
which an appeal against the order lies may direct that, pending an appeal or
otherwise, payment of the whole of any amount so payable or any part thereof,
shall be suspended, and if the certificate has not been issued may order any
such directions to be inserted therein.

(4) Save as aforesaid no execution or attachment or process in the nature
thereof shall be issued out of any court for enforcing payment by the Crown of
any such money or costs as aforesaid, and no person shall be individually
liable under any order for the payment by the Crown, or any Government
department, or any officer of the Crown as such, of any such money or costs.

(5) This section shall apply both in relation to proceedings pending at the
commencement of this Ordinance and in relation to proceedings instituted
thereafter. [cf. 1947 c. 44 s. 25 U.K.]