1923_INDEMNITY_ORDINANCE__1922 — Page 3

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[s. 3 contd.]

Ordinance

No. 18 of 1922.

INDEMNITY.

Provided that nothing in this section shall prevent the institution or prosecution of any proceedings by or on behalf of His Majesty or the Government of the Colony of Hongkong or any Government department :

Provided also that except in cases where a claim for pay- ment or compensation can be brought under section 4, nothing in this section shall prevent-

(a) the institution or prosecution of proceedings in respect of any rights under, or alleged breaches of, contract, if the proceedings are instituted within one year from the termina- tion of the war or the date when the cause of action arose, whichever may be the later;

(b) the institution or prosecution of civil proceedings founded on negligence in respect of damage to person or property elsewhere than in a foreign country;

(c) the institution or prosecution of civil proceedings in respect of damage to person or property in any foreign country, or of the requisitioning of property in any foreign country, if the consent of the Attorney General to the institu- tion or prosecution of the proceedings is obtained, but such consent shall not be given if the person seeking to institute or prosecute the proceeding would have had no remedy if the act complained of had been done in the Colony, or if other provision has been made by treaty or convention for the settlement of claims of the class in question;

(d) the institution or prosecution of proceedings respecting the validity or infringement of a patent.

(2) For the purposes of this section, an action against the Government which can be brought under the provisions of Chapter XVIII of the Code of Civil Procedure shall be No. 3 of 1901. deemed to be a legal proceeding, and the proceeding shall be deemed to be instituted at the date on which the statement of claim is filed.

(3) For the purposes of this section, a certificate by the Colonial Secretary that any act, matter, or thing was done under the authority of a person so holding office or so employed as aforesaid, or was done in the execution of a duty, or for the defence of the realm, or for the public safety, or for the defence of the Colony, or for the Enforcement of discipline, or otherwise in the public interest, or that any sum of money was acquired by the Government of the Colony