1957-HKRS28-8-24_Part01 — Page 34

(b)

(1) where that other person is a member of the armed forces of the Crown in right of Her Majesty's Govern- ment in the United Kingdom, the Minister of Pensions certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitle- ment to an award under the Royal Warranı, Order in Council or Order of Her Majesty relating to the disable- nient or death of members of the force of which he is a member;

(i) where that other person is a member of the armed forces of the Crown in right of Her Majesty's Govern- ment in the Colony, the Governor in Council certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to a gratuity or pension under any enactment relating to the disablement or death of members of the force of which he is a member :

Provided that this subsection shall not exempt a member of the said forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of those forces.

(2) No proceedings in tort shall lie against the Crown for death or personal injury due to anything suffered by a member of the armed forces of the Crown if

(a) that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used for the pur- poses of those forces; and

(b)

(1) in the case of a member of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom, the Minister of Pensions certifies as mentioned in subsection (1);

(ii) in the case of a member of the armed forces of the Crown in right of Her Majesty's Government in the Colony, the Governor in Council certifies as mentioned in subsection (1);

nor shall any act or omission of an officer of the Crown subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a

9

member of the armed forces of the Crown being a thing as to which the conditions aforesaid are satisfied.

(3) The Colonial Secretary, if satisfied that it is the fact- (a) that a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown in right of Her Majesty's Government in the Colony; or (b) that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the said forces,

may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies.

(4) A certificate of the Admiralty or a Secretary of State- (a) that a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom: or

(b) that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the said forces;

shall, for the purposes of this section, be conclusive as to the fact which it certifies.

(5) For the purposes of this section "member of the armed forces of the Crown" unless the context otherwise requires, means a member of the armed forces of the Crown in right of Her Majesty's Government in the Colony or in right of Her Majesty's Government in the United Kingdom.

(6) Nothing in this section shall be deemed by implication or otherwise to confer any right of action against the Crown in right of Her Majesty's Government in the United Kingdom.

Saving in respect of under pre-

acta done

9. (1) Nothing in Part II of this Ordinance shall extinguish or abridge any powers or authorities which, if this Ordinance had not been passed, would have been exercisable by virtue of the prerogative of the Crown or any powers or authorities conferred togative on the Crown or the Governor by any statute or enactment, and, statutory in particular, nothing in the said Part II shall extinguish or powers.

and