Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 4

Liability of the Crown in tort

(1) Subject to the provisions of this Ordinance, the Crown shall be subject to
all those liabilities in tort to which, if it were a private person of full
age and capacity, it would be subject-

   (a)  in respect of torts committed by its servants or agents;

   (b)  in respect of any breach of those duties which a person owes to his
        servants or agents at common law by reason of being their employer;
        and

   (c)  in respect of any breach of the duties attaching at common law to the
        ownership, occupation, possession or control of property: Provided
        that no proceedings shall lie against the Crown by virtue of paragraph
        (a) in respect of any act or omission of a servant or agent of the
        Crown unless the act or omission would apart from the provisions of
        this Ordinance have given rise to a cause of action in tort against
        that servant or agent or his estate.

(2) Where the Crown is bound by a statutory duty which is binding also upon
persons other than the Crown and its officers, then, subject to the provisions
of this Ordinance, the Crown shall, in respect of a failure to comply with
that duty, be subject to all those liabilities in tort (if any) to which it
would be subject if it were a private person of full age and capacity.

(3) Where any functions are conferred or imposed upon an officer of the Crown
as such either by any rule of the common law or by enactment or statute, and
that officer commits a tort while performing or purporting to perform those
functions, the liabilities of the Crown in respect of the tort shall be such
as they would have been if those functions had been conferred or imposed
solely by virtue of instructions lawfully given by the Crown.

(4) Any enactment which negatives or limits the amount of the liability of any
Government department or officer of the Crown in respect of any tort committed
by that department or officer shall, in the case of
proceedings against the Crown under this section in respect of a tort
committed by that department or officer, apply in relation to the Crown as it
would have applied in relation to that department or officer if the
proceedings against the Crown had been proceedings against that department or
officer.

(5) No proceedings shall lie against the Crown by virtue of this section in
respect of anything done or omitted to be done by any person while discharging
or purporting to discharge any responsibilities of a judicial nature vested in
him, or any responsibilities which he has in connection with the execution of
judicial process.

(6) (a) Notwithstanding the provisions of this section, no liability shall be
imposed thereby upon the Crown in respect of any ship, dock or harbour owned
by the Crown.

   (b)  This subsection shall continue in force until a day to be appointed by
        the Governor by Proclamation in the Gazette and shall then expire.
        [cf. 1947 c.44 s.2 U.K.]