Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 30

Rules of court

(Past version on 30/06/1997).

(1) Any power to make rules of court shall include power to make rules for the
purpose of giving effect to the provisions of this Ordinance, and any such
rules may contain provisions to have effect in relation to any proceedings by
or against the Crown in substitution for or by way of addition to any of the
provisions of the rules applying to proceedings between subjects.

(2) Provision shall be made by rules of court with respect to the following
matters-

   (a)  for providing for service of process, or notice thereof, in the case
        of proceedings by the Crown against persons, whether Commonwealth
        citizens or not, who are not resident in Hong Kong; (Amended 80 of
        1982 s. 2)

   (b)  for securing that where any civil proceedings are brought against the
        Crown in accordance with the provisions of this Ordinance the
        plaintiff shall, before the Crown is required to take any step in the
        proceedings, provide the Crown with such information as the Crown may
        reasonably require as to the circumstances in which it is alleged that
        the liability of the Crown has arisen and as to the departments and
        officers of the Government concerned;

   (c)  for providing that in the case of proceedings against the Crown the
        plaintiff shall not enter judgment against the Crown in default of
        appearance or pleading without the leave of the court to be obtained
        on an application of which notice has been given to the Crown;

   (d)  for excepting proceedings brought against the Crown from the operation
        of any rule of court providing for summary judgment without trial, and
        for enabling any such proceedings to be put in proper cases into any
        special list which may be kept for the trial of short causes in which
        leave to defend is given under any such rule of court as aforesaid;

   (e)  for authorizing the Crown to deliver interrogatories without the leave
        of a court in any proceedings for the enforcement of any right for the
        enforcement of which proceedings by way of English information might
        have been taken if this Ordinance had not been passed, so, however,
        that the Crown shall not be entitled to deliver any third or
        subsequent interrogatories without the leave of the court;

   (f)  for enabling evidence to be taken on commission in proceedings by or
        against the Crown;

   (g)  for providing-

        (i)    that a person shall not be entitled to avail himself of any
               set-off or counterclaim in any proceedings by the Crown for the
               recovery of taxes, duties or penalties, or to avail himself in
               proceedings of any other nature by the Crown of any set-off or
               counterclaim arising out of a right or claim to repayment in
               respect of any taxes, or penalties;

        (ii)   that the Crown, when sued in the name of the Secretary for
               Justice, shall not be entitled to avail itself of any set-off
               or counterclaim without the leave of the court. (Amended L.N.
               362 of 1997)

(3) Provision may be made by rules of court for regulating any appeals to the
Supreme Court, whether by way of case stated or otherwise, under enactments
relating to the revenue, and any rules made under this subsection may revoke
any enactments or rules in force immediately before the commencement of this
Ordinance so far as they regulate any such appeals, and may make provision for
any matters for which provision was made by any enactments or rules so in
force. [cf. 1947 c. 44 s. 35 U.K.]