Provisions As to industrial property,
in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity.
(3) Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by enactment or statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.
(4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Crown in respect of any tort committed by that department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, apply in relation to the Crown as it would have applied in relation to that department or officer if the proceedings against the Crown had been proceedings against that department or officer.
(3) No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsi- bilities which he has in connexion with the execution of judicial process.
(6) (a) Notwithstanding the provisions of this section, no liability shall be imposed thereby upon the Crown in respect of any ship, dock or harbour owned by the Crown.
(b) This subsection shall continue in force until a day to be appointed by the Governor by Proclamation in the Gaselte and shall then expire.
5. (1) Where after the commencement of this Ordinance any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright, (including any copyright in a design subsisting under the Registered Designs Act, 1949, as applied to this Colony by the United (Cap. 44). Kingdom Designs (Protection) Ordinance), and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Ordinance, civil proceedings in respect of this infringement shall lie against the Crown.
(2) Nothing in subsection (1) or in any other provision of this Ordinance shall affect the rights of the Crown under section 46 of the Patents Act, 1949, or section 12 and the First Schedule of the Registered Designs Act, 1949, as applied to this Colony by the Registration of United Kingdom Patents Ordinance, and (Cap. 42). the United Kingdom Designs (Protection) Ordinance respectively. (Cap. 44).
(3) Save where it is expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Ordin- ance in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright as is mentioned in subsection (1) of this section.
tion of
6. (1) Where the Crown is subject to any liability by virtue Applica of this part of this Ordinance, the law relating to indemnity and law as to contribution shall be enforceable by or against the Crown in indemnity, respect of liability to which it is so subject as if the Crown were a private person of full age and capacity.
(2) Without prejudice to the effect of subsection (r), the Tortfeasors Ordinance (which relates to proceedings against, and contribution between, joint and several tortfcasors) shall bind the Crown.
contribu tion, joint and several tortfeasore,
and con- tributory negligence. (Cap. 28).
(3) Without prejudice to the general effect of section 4 of this Ordinance, section 4 of the Law Reform (Miscellaneous (36 of
1981). Provisions) Ordinance, 1951, (which amends the law relating to contributory negligence) shall bind the Crown.
connexion
with
7. (1) Subject as hereinafter provided, no proceedings in Liability in tort shall lie against the Crown for anything done or omitted to be done in relation to a postal packet by any person while em- postal ployed as a servant or agent of the Crown; nor shall any officer packets. of the Crown be subject, except at the suit of the Crown, to any civil liability for any of the matters aforesaid.
(2) Notwithstanding the provisions of section 7 of the Post (Cap. 98). Office Ordinance, proceedings shall lie against the Crown under this subsection in respect of loss of or damage to a registered inland postal packet in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by a person employed as a servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet: