Attorney's Genera
1
Your reference
Bermuda, Brizisn
Cayman Islands, Gibraltar,
slands,
Hong Kong, Montserrat, St Helena, and Turks and Caicos Islanus
Our reference
Date
20 April 1933
Асли Антису башня,
CROWN PROCEEDINGS (ARMED FORCES) ACT 1987
1.
As you may know, the Crown Proceedings (Armed Forces) Act 1987 was enacted by the United Kingdom Parliament last year and came into force on 15 May 1987. The principal effect of the Act
to repeal section 10 of the Crown Proceedings Act 1947. I enclose a copy of the 1987 Act and extracts from Hansard which explain its background and purpose.
2. A review of the position in the dependent territories has shown that your territory appears to have in force legislation
to the Crown Proceedings Act 1947, including provisions reflecting section 10. Although the relevant provisions are not identical, it seems to me that the following general principles apply -
(a) where the conditions are satisfied so that the immunity applies,, no action can be brought against the Crown in right of the local government or against the individual serviceman;
(b) no action can in any event be brought against the Crown in right of the Government of the United Kingdom;
(c) where the conditions are not satisfied so that the immunity does not apply, action can De brought against the Crown in right of the local government or ayainst the individual serviceman;
(a) the individual serviceman who may be the potential plaintiff or defendant may be either a member of the armed forces of the Crown in right of the Government of the UK (except possibly in the Cayman Islands) or or the Government of the territory concerned, or even, in the case of the Sovereign Base Areas of Akrotiri and Dhekelia and possibly British Indian Ocean Territory, of some other dependent territory government.