Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 25

Exclusion of proceedings in rem against the Crown

(1) Nothing in this Ordinance shall authorize proceedings in rem in respect of
any claim against the Crown, or the arrest, detention or sale of any ships or
aircraft belonging to Her Majesty or the Government, or of any cargo or other
property belonging to the Crown, or give to any person any lien on any such
ship, aircraft, cargo or other property.

(2) Where proceedings in rem have been instituted in the Supreme Court or the
District Court against any such ship, aircraft, cargo or other property, the
court may, if satisfied, either on an application by the plaintiff for an
order under this subsection or an application by the Crown to set aside the
proceedings, that the proceedings were so instituted by the plaintiff in the
reasonable belief that the ship, aircraft, cargo or other property did not
belong to the Crown, order that the proceedings shall be treated as if they
were in personam duly instituted against the Crown in accordance with the
provisions of this Ordinance, or duly instituted against any other person whom
the court regards as the proper person to be sued in the circumstances, and
that the proceedings shall continue accordingly. Any such order may be made
upon such terms, if any, as the court thinks just; and where the court makes
any such order it may make such consequential orders as the court thinks
expedient. [cf. 1947 c.44 s.29 U.K.]