Section 27
Courts
of Government Proceedings Act 1956
*(1) If at any stage in any civil proceedings in the High Court to which the Government is a party an application in that behalf is made by the Government to the Court and there is produced to the Court a certificate of the Attorney General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed to the High Court in Kuala
Lumpur the Court shall order the proceedings to be removed accordingly.
*NOTE—In subsection 27(1), for Sabah and Sarawak insert the word “Federal” before the word
“Government” in each case and substitute the words “Kota Kinabalu” and “Kuching” respectively for the word “Kuala Lumpur”–see L.N. 67/1965.
*(1A) If, at any stage in any civil proceedings in the High Court to which the State Government is a party, an application in that behalf is made by the State Government to the Court and there is produced to the Court a certificate of the State Attorney General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed to the High
Court in Kota Kinabalu/Kuching the Court shall order the proceedings to be removed accordingly.
**(2) If at any stage in any civil proceedings in a subordinate
Court to which the Government is a party an application in that behalf is made by the Government to the High Court and there is produced to the Court a certificate of the Attorney General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed into the High
Court in Kuala Lumpur or in such other place as may be specified in such certificate the Court shall order the proceedings to be removed to the High Court accordingly.
***(2A) If, at any stage in any civil proceedings in a subordinate
Court to which the State Government is a party, an application in that behalf is made by the State Government to the High Court and there is produced to the Court a certificate of the State Attorney
General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed to the
High Court in Kota Kinabalu/Kuching or in such other place as may be specified in such certificate, the Court shall order the proceedings to be removed into the High Court accordingly.
†(3) Notwithstanding subsections (1) and (2), if it appears to the Court that the removal of the proceedings in accordance with those provisions is likely to occasion substantial additional expense to any party to the proceeding other than the Government, the
Court may refuse to grant the application unless the Government enters into an undertaking that it will, on or before such date as the Court may specify, pay to such other party such sum of money as in the opinion of the Court is necessary to cover the additional expense likely to be so occasioned to such party.
*NOTE—Subsection 27(1A) is applicable to Sabah and Sarawak only–see L.N. 67/1965.
**NOTE—In subsection 27(2), for Sabah and Sarawak insert the word “Federal” before the word
“Government” in each case and substitute the words “Kota Kinabalu” and “Kuching” respectively for the word “Kuala Lumpur”–see L.N. 67/1965.
***NOTE—Subsection 27(2A) is applicable to Sabah and Sarawak only–see L.N. 67/1965.
†NOTE—In subsection 27(3), for Sabah and Sarawak substitute “subsections (1), (1A), (2) and (2A)”
for “subsections (1) and (2)”–see L.N. 67/1965.
Government Proceedings 23
(4)
The amount of such sum of money shall be ascertained in such manner as the Court may direct.
(5)
If upon the taxation of the costs of the proceedings it appears to the Court or Registrar that such sum of money was greater or less than the additional expense actually incurred by the party the
Court or Registrar may in its or his discretion order that the amount of the excess or the deficiency as the case may be, should be repaid by the party to the Government or paid by the Government to the party respectively and any such amount shall be recoverable as if it were costs awarded in such proceedings to the party entitled to receive the same but subject as aforesaid no sum or any part thereof paid by the Government in accordance with such undertaking shall be recoverable by the Government as costs or otherwise whatever the event of the proceedings.
Removal and transfer of proceedings 28.
Without prejudice to the rights of the Government under section 27 any written law relating to the removal or transfer of proceedings from a subordinate Court to the High Court or the transfer of proceedings from the High Court to a subordinate
Court, shall apply in relation to proceedings against the Government:
Provided that an order for the transfer to a subordinate Court of any proceedings against the Government in the High Court shall not be made without the consent of the Government and shall not be conditional upon the giving of security by the Government.