Disclosure
of official documenta and in- formation.
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(c) his reason for thinking that the decision of the Board
was wrong.
(3) Where the appellant submits an answer disputing any of the facts in the Statement of the Case or putting forward further facts, he shall attach to his answer such documentary evidence in support of his case as is in his possession or as he can reasonably obtain.
(4) Except where the appellant is resident outside the Colony, he shali send his answer, and any documents submitted therewith, to the Board within twenty-eight days from the date on which the Statement of the Case was sent to him,
(5) The Board may, if they so desire, comment in writing on the appellant's answer and shall, if they do so, send a copy of such comments to the appellant.
(6) As soon as may be after the receipt of the answer or, if the appellant does not send an answer, on the expiration of the said twenty-eight days (or, where the appellant is resident outside the Colony, at the expiration of such time as may be allowed by the Tribunal), the Board shall, subject to the pro- visions of regulation 24, send to the secretary-
(a) three copies of the Statement of the Case: (b) three copies of the appellant's answer (if any); (c) any documents submitted by the appellant; and (d) three copies of any comments made by the Board on
the appellant's answer.
22. (1) Where for the purposes of his appeal an appellant desires to have disclosed any document, or part of any document, which he has reason to believe is in the possession of a Govern- ment department, he may, at any time not later than six weeks after the Statement of the Case was sent to him, apply to the chairman of the Tribunal for the disclosure of the document or part, and, if the chairman considers that the document or part is likely to be relevant to any issue to be determined on the appeal, he may give a direction to the department concerned requiring its disclosure (if in the possession of the department) in such manner and upon such terms and conditions as the chairman may think fit:
Provided that directions given under this regu- lation shall not require the disclosure of—
(a) documents in the nature of departmental minutes or
reports; or
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(b) the name of any person in the service of Her Majesty who has given a report or medical certificate relating to the appellant or to the person in respect of whose death the appeal is brought.
For the purposes of this sub-regulation a certificate given by the head of the Government department concerned that a docu- ment or name is such a document or name as is described in paragraph (s) or (b) of this proviso shall be final and conclusive.
(2) On receipt of a direction given by the chairman of a Tribunal under this regulation the Colonial Secretary, or any person authorized by him in that behalf, may certify to the chairman
(a) that it would be contrary to the public interest for the whole or part of the document to which the direction relates to be disclosed publicly; or
(b) that the whole or part of the document ought not, for reasons of security, to be disclosed in any manner whatsoever;
and, where a certificate is given under paragraph (a), the chairman shall give such directions to the Tribunal as may be requisite for prohibiting and restricting the disclosure in public of the document, or the part thereof, as the case may be; and, where a certificate is given under paragraph (6), the chairman shall direct the Tribunal to consider whether the appellant's case will be prejudiced if the appeal proceeds without such disclosure, and, where the Tribunal are of opinion that the appellant would be prejudiced if the appeal were to proceed without such disclosure, they shall adjourn the hearing of the appeal until such time as The necessity for non-disclosure on the ground of security no longer exists.
(3) At the hearing the appellant may apply to the Tribunal for the disclosure of such a document as is mentioned in this regulation, and, where it appears to the Tribunal that the docu- ment is likely to be relevant to any issue to be determined on the appeal, and that the appellant has reasonable excuse for having failed to make an application for the disclosure to the chairman before the hearing under sub-regulation (1), the Tribunal may, unless the document is produced by the Board's representative, adjourn the case for an application to the chairman to be made by the appellant.