1964_CROWN_PROCEEDINGS_ORDINANCE — Page 10

1964 Ed.]

(b)

Crown Proceedings.

[CAP. 300

9

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

(i) 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 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, air- craft, 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 Ministry of Defence 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, air- craft, 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.

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