Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 34

Saving

(Past version on 30/06/1997).

(1) Nothing in this Ordinance shall apply to proceedings by or against, or
authorize proceedings in tort to be brought against, Her Majesty in Her
private capacity.

(2) Except as therein otherwise expressly provided, nothing in this Ordinance
shall-

   (a)  affect the law relating to prize salvage, or apply to proceedings in
        causes or matters within the jurisdiction of any court as a prize
        court or to any criminal proceedings; or

   (b)  authorize proceedings to be taken against the Crown under or in
        accordance with the provisions of this Ordinance in respect of any
        alleged liability of the Crown arising otherwise than in respect of
        Her Majesty's Government in the Colony, or affect
        proceedings against the Crown in respect of any such alleged liability
        as aforesaid; or

   (c)  authorize proceedings to be taken against the Crown under or in
        accordance with the provisions of this Ordinance in respect of any
        act, neglect, or default of any officer or agent of the Crown, unless-

        (i)    such officer has been directly or indirectly appointed by the
               Crown and was at the material time paid in respect of his
               duties as an officer of the Crown wholly out of the revenues of
               the Colony or any other fund certified by the Governor for the
               purposes of this paragraph or was at the material time holding
               an office in respect of which the Governor certifies that the
               holder thereof would normally be so paid;

        (ii)   such agent was at the material time acting for and on behalf of
               the Government; or

   (d)  affect any proceedings by the Crown otherwise than in right of Her
        Majesty's Government in the Colony; or

   (e)  subject the Crown to any greater liabilities in respect of the acts or
        omissions of any independent contractor employed by the Crown than
        those to which the Crown would be subject in respect of such acts or
        omissions if it were a private person; or

   (f)  affect any rules of evidence or any presumption relating to the extent
        to which the Crown is bound by any statute or enactment; or

   (g)  affect any right of the Crown to demand a trial at bar or to control
        or otherwise intervene in proceedings affecting its rights, property
        or profits; or

   (h)  affect any right of the Secretary for Justice, any Government
        department or any officer of the Crown as such to institute
        proceedings under or in accordance with the provisions of any other
        enactment; (Amended L.N. 362 of 1997) and, without prejudice to the
        general effect of the foregoing provisions, Part IV of this Ordinance
        shall not apply to the Crown except in right of Her Majesty's
        Government in the Colony.

(3) A certificate of the Chief Secretary for Administration- (Amended L.N. 226
of 1976; L.N. 242 of 1994; L.N. 362 of 1997)

(a) to the effect that any alleged liability of the Crown arises otherwise
than in respect of Her Majesty's Government in the Colony;

   (b)  to the effect that any proceedings by the Crown are proceedings
        otherwise than in right of Her Majesty's Government in the Colony,
        shall, for the purposes of this Ordinance, be conclusive as to the
        matter so certified.

(4) Where any property vests in the Crown by virtue of any rule of law which
operates independently of the acts or the intentions of the Crown, the Crown
shall not by virtue of this Ordinance be subject to any liabilities in tort by
reason only of the property being so vested; but the provisions of this
subsection shall be without prejudice to the liabilities of the Crown under
this Ordinance in respect of any period after the Crown or any person acting
for the Crown has in fact taken possession or control of any such property, or
entered into occupation thereof.

(5) This Ordinance shall not operate to limit the discretion of the court to
grant relief by way of mandamus in cases in which such relief might have been
granted before the commencement of this Ordinance, notwithstanding that by
reason of the provisions of this Ordinance some other and further remedy is
available. [cf. 1947 c. 44 s. 40 U.K.]