### Crown Proceedings Ordinance 《官方法律程序條例》

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 connexion 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.]

### Crown Proceedings Ordinance 《官方法律程序條例》

5. Provisions as to industrial property
(1) Where after the commencement* of this Ordinance any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright, or infringes any registered design, and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Ordinance, civil proceedings in respect of this infringement shall lie against the Crown.
(2) Nothing in subsection (1) or in any other provision of this Ordinance shall affect the rights of the Crown under sections 36 to 40 of the Registered Designs Ordinance (Cap. 522). (Amended 25 of 1979 s. 12; 52 of 1997 s. 162)
(3) Save where it is expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Ordinance in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright or registered design as is mentioned in subsection (1) of this section.
(Amended 64 of 1997 s. 94)[cf. 1947 c. 44 s. 3 U.K.] Editorial Note:
* Commencement date: 1 November 1957.

6. Application of law as to indemnity, contribution, joint and several tortfeasors, and contributory negligence
(1) Where the Crown is subject to any liability by virtue of this part of this Ordinance, the law relating to indemnity and contribution shall be enforceable by or against the Crown in respect of liability to which it is so subject as if the Crown were a private person of full age and capacity.
(2) (Repealed 77 of 1984 s. 10)(3) Without prejudice to the general effect of section 4 of this Ordinance, section 21 of the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23) (which amends the law relating to contributory negligence) shall bind the Crown.
[cf. 1947 c. 44 s. 4 U.K.]

### Crown Proceedings Ordinance 《官方法律程序條例》

10. Civil proceedings in the Supreme Court
Subject to the provisions of this Ordinance, all such civil proceedings by or against the Crown as are mentioned in the First Schedule are hereby abolished, and all civil proceedings by or against the Crown in the Supreme Court shall be instituted and proceeded with in accordance with rules of court.In this section, rules of court (法院規則) means, in relation to any claim against the Crown in the Supreme Court which falls within the jurisdiction of that court as a prize court, rules of court made under section 3 of the Prize Courts Act 1894 (1894 c. 39 U.K.).

[cf. 1947 c. 44 s. 13 U.K.]

11. Civil proceedings in the District Court
(1) Subject to the provisions of this Ordinance, and to any enactment limiting the jurisdiction of the District Court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise) any civil proceedings by or against the Crown may be instituted in the District Court.
(2) Any proceedings by or against the Crown in the District Court shall be instituted and proceeded with in accordance with rules of court.
(Amended 22 of 1962 s. 49)

### Crown Proceedings Ordinance 《官方法律程序條例》

12. Interpleader
The Crown may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto; and all rules of court relating to interpleader proceedings shall, subject to the provisions of this Ordinance, have effect accordingly.
[cf. 1947 c.44 s. 16 U.K.]

13. Parties to proceedings
(1) Civil proceedings by or against the Crown instituted under the provisions of this Ordinance shall be instituted by or against the Secretary for Justice.
(2) No proceedings instituted in accordance with this Part of this Ordinance by or against the Secretary for Justice shall abate or be affected by any change in the person holding the office of Secretary for Justice.
(Amended L.N. 362 of 1997)[cf. 1947 c. 44 s. 17 U.K.]

14. Service of documents
All documents required to be served on the Crown for the purpose of or in connexion with any civil proceedings by or against the Crown shall be served on the Secretary for Justice.
(Amended L.N. 362 of 1997)[cf. 1947 c. 44 s. 18 U.K.]