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

22. Execution by the Crown
(1) Subject to the provisions of this Ordinance, any order made in favour of the Crown against any person in any civil proceedings to which the Crown is a party may be enforced in the same manner as an order made in an action between subjects and not otherwise.
(2) Nothing in this section shall affect any procedure which immediately before the commencement* of this Ordinance was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship.
[cf. 1947 c. 44 s. 26 U.K.] Editorial Note:
* Commencement date: 1 November 1957.

23. Attachment of moneys payable by the Crown
(1) Where any money is payable by the Crown to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Crown were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the Supreme Court may, subject to the provisions of this Ordinance and in accordance with rules of court, make an order restraining the first-mentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver:
Provided that no such order shall be made in respect of—
(a) any wages or salary payable to any officer of the Crown as such;
(b) any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution.

(2) The provisions of subsection (1) shall, so far as they relate to forms of relief falling within the jurisdiction of the District Court, have effect in relation to the District Court as they have effect in relation to the Supreme Court.
[cf. 1947 c. 44 s. 27 U.K.]

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

24. Discovery
(1) Subject to and in accordance with rules of court—
(a) in any civil proceedings in the Supreme Court or the District Court to which the Crown is a party, the Crown may be required by the court to make discovery of documents and produce documents for inspection; and
(b)  in any such proceedings as aforesaid, the Crown may be required by the court to answer interrogatories:

Provided that this section shall be without prejudice to any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.Any order of the court made under the powers conferred by paragraph (b) shall direct by what officer of the Crown the interrogatories are to be answered.
(2) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if, in the opinion of the Governor, it would be injurious to the public interest to disclose the existence thereof.
[cf. 1947 c. 44 s. 28 U.K.]

25. Exclusion of proceedings in rem against the Crown
(1) Nothing in this Ordinance shall authorize proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any ships or aircraft belonging to Her Majesty or the Government, or of any cargo or other property belonging to the Crown, or give to any person any lien on any such ship, aircraft, cargo or other property.
(2) Where proceedings in rem have been instituted in the Supreme Court or the District Court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in accordance with the provisions of this Ordinance, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order, it may make such consequential orders as the court thinks expedient. (Amended E.R. 6 of 2019)

[cf. 1947 c. 44 s. 29 U.K.]

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

26. Limitation of actions
Nothing in this Ordinance shall prejudice the right of the Crown to rely upon the law relating to the limitation of time for bringing proceedings against public authorities.
[cf. 1947 c. 44 s. 30 U.K.]

27. Application to the Crown of certain statutory provisions
(1) This Ordinance shall not prejudice the right of the Crown to take advantage of the provisions of a statute or enactment although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any statute or enactment which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Crown.
(2) Order 44A, rule 1 of the Rules of the Supreme Court (Cap. 4 sub. leg.) (which empowers the court in certain circumstances to order the defendant about to leave the jurisdiction of the court to furnish security) shall, with any necessary modifications, apply to civil proceedings in the Supreme Court by the Crown.

28. No abatement on demise of Crown
No claim by or against the Crown, and no proceedings for the enforcement of any such claim, shall abate or be affected by the demise of the Crown.
[cf. 1947 c. 44 s. 32 U.K.]

29. Abolition of certain writs
No writ of extent or of diem clausit extremum shall issue after the commencement* of this Ordinance.
[cf. 1947 c. 44 s. 33 U.K.] Editorial Note:
* Commencement date: 1 November 1957.

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

31. Pending proceedings
Save as otherwise expressly provided, the provisions of this Ordinance shall not affect proceedings by or against the Crown which have been instituted before the commencement* of this Ordinance; and for the purpose of this section proceedings against the Crown shall be deemed to have been so instituted if a statement of claim with respect to the matter in question has been filed and a sealed copy thereof has been served upon the Attorney General before the commencement of this Ordinance.
[cf. 1947 c. 44 s. 36 U.K.] Editorial Note:
* Commencement date: 1 November 1957.

32. Financial provisions
(1) Any expenditure incurred by or on behalf of the Crown in right of Her Majesty’s Government in the Colony by reason of the passing of this Ordinance shall be defrayed out of moneys provided by the Legislative Council.
(2) Any sums payable to the Crown by reason of the passing of this Ordinance shall be paid into the Treasury.
[cf. 1947 c. 44 s. 37 U.K.]

33. Statutes no longer effective
The statutes set out in the Second Schedule to this Ordinance shall no longer have effect in the Colony to the extent specified in the third column of that Schedule.
[cf. 1947 c. 44 s. 39 U.K.]

### Probation of Offenders (Approved Institution) (Consolidation) Order 《罪犯感化(核准院舍)(綜合)令》

1. Citation
This order may be cited as the Probation of Offenders (Approved Institution) (Consolidation) Order.

2. Approval of institutions
The premises specified in the Schedule are hereby approved for the reception of persons who may be required to reside therein by a probation order.