Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 9

Saving in respect of acts done under prerogative and statutory powers

(1) Nothing in Part II of this Ordinance shall extinguish or abridge any
powers or authorities which, if this Ordinance had not been passed, would have
been exercisable by virtue of the prerogative of the Crown or any powers or
authorities conferred on the Crown or the Governor by any statute or
enactment, and, in particular, nothing in the said Part II shall extinguish or
abridge any powers or authorities exercisable by the Crown, whether in time of
peace or of war, for the purpose of the defence of the realm or of training,
or maintaining the efficiency of, any of the armed forces of the Crown in
right of Her Majesty's Government in the United Kingdom or in the Colony.

(2) Where in any proceedings under this Ordinance it is material to determine
whether anything was properly done or omitted to be done in the exercise of
the prerogative of the Crown, the Governor may, if satisfied that the act or
omission was necessary for any such purpose as is mentioned in subsection (1),
issue a certificate to the effect that the act or omission was necessary for
that purpose; and the certificate shall, in those proceedings, be conclusive
as to the matter so certified. [cf. 1947 c.44 s.11 U.K.]