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

15. Removal and transfer of proceedings
(1) If in a case where proceedings are instituted against the Crown in the District Court an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Secretary for Justice to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court. (Amended L.N. 362 of 1997)Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs.

(2) Without prejudice to the rights of the Crown under subsection (1), all rules of law and enactments relating to the removal or transfer of proceedings from the District Court to the Supreme Court, or the transfer of proceedings from the Supreme Court to the District Court, shall apply in relation to proceedings against the Crown:
Provided that an order for the transfer to the District Court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown.
[cf. 1947 c. 44 s. 20 U.K.]

16. Nature of relief
(1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Ordinance, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require:
Provided that—
(a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and
(b) in any proceedings against the Crown for the recovery of land or other property the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof make an order declaring that the plaintiff is entitled as against the Crown to the land or property or to the possession thereof.

(2) The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown which could not have been obtained in proceedings against the Crown.
[cf. 1947 c. 44 s. 21 U.K.]

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

17. Costs in civil proceedings to which the Crown is a party
In any civil proceedings or arbitration to which the Crown is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between subjects, and the court or arbitrator shall have power to make an order for the payment of costs by or to the Crown accordingly :
Provided that—
(a) in the case of proceedings to which by reason of any enactment or otherwise the Secretary for Justice is authorized to be made a party, the court or arbitrator shall have regard to the nature of the proceedings and the character and circumstances in which the Secretary for Justice appears, and may in the exercise of its or his discretion order any other party to the proceedings to pay the costs of the Secretary for Justice whatever may be the result of the proceedings; and (Amended L.N. 362 of 1997)
(b) nothing in this section shall affect the power of the court or arbitrator to order, or any enactment providing for, the payment of costs out of any particular fund or property, or any enactment expressly relieving any department or officer of the Crown of the liability to pay costs.

18. Appeals and stay of execution
Subject to the provisions of this Ordinance, all enactments and rules of court relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the Crown as they apply to proceedings between subjects.
[cf. 1947 c. 44 s. 22 U.K.]

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

19. Scope of Part III
(1) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings by the Crown shall be construed as a reference to the following proceedings only—
(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule;
(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such;
(c) all such proceedings as the Crown is entitled to bring by virtue of this Ordinance;
and the expression civil proceedings by or against the Crown (由官方提出或針對官方提出的民事法律程序) shall be construed accordingly.
(2) Subject to the provisions of this section, any reference in this Part of this Ordinance to civil proceedings against the Crown shall be construed as a reference to the following proceedings only—
(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule;
(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Ordinance had not been passed, might have been enforced or vindicated or obtained by any action against the Secretary for Justice, any Government department or any officer of the Crown as such;
(c) all such proceedings as any person is entitled to bring against the Crown by virtue of this Ordinance;
and the expression civil proceedings by or against the Crown (由官方提出或針對官方提出的民事法律程序) shall be construed accordingly.
(3) Notwithstanding anything in subsections (1) and (2), the provisions of this Part of this Ordinance shall not have effect with respect to any of the following proceedings, that is to say—
(a) proceedings brought by the Secretary for Justice on the relation of some other person;
(b) proceedings by or against the Official Trustee;
(c) proceedings by the Secretary for Justice or other person under Order 120, rules 3 and 4 of the Rules of the Supreme Court (Cap. 4 sub. leg.). (Amended L.N. 117 of 1988; L.N. 282 of 1989; L.N. 162 of 1993)
(Amended L.N. 362 of 1997)

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

20. Interest on debts, damages and costs
(1) The provisions of any law relating to the payment of interest on judgment debts in proceedings between subjects shall apply to judgment debts due from or to the Crown.
(2) Where any costs are awarded to or against the Crown in the Supreme Court, interest shall be payable upon those costs unless the court otherwise orders, and any interest so payable shall be at the same rate as that at which interest is payable upon judgment debts due from or to the Crown.
(3) The provisions of any law empowering a Court of Record to award interest on debts and damages shall apply to judgments given in the proceedings by and against the Crown.
(4) This section shall apply both in relation to proceedings pending at the commencement* of this Ordinance and in relation to proceedings instituted thereafter.
[cf. 1947 c. 44 s. 24 U.K.] Editorial Note:
* Commencement date: 1 November 1957.