10
Saving in respect of acts done under prerogative and statutory powers.
(cf. 10 & 11 Geo. 6 c. 44, s. 11.)
CAP. 300]
Crown Proceedings.
[1964 Ed.
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 on the Crown or the Governor by any statute or enactment, and, in particular, nothing in the said Part II shall extinguish or abridge any powers or authorities exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, any of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom or in the Colony.
(2) Where in any proceedings under this Ordinance it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Crown, the Governor may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.
Civil proceedings in the Supreme Court.
First Schedule.
[cf. 10 & 11 Geo. 6 c. 44, s. 13.]
(57 & 58 Vict. c. 39.)
Civil proceedings in the District Court.
Interpleader.
[cf. 10 & 11 Geo. 6 c. 44, s. 16.]
PART III.
JURISDICTION AND PROCEDURE,
10. Subject to the provisions of this Ordinance, all such civil proceedings by or against the Crown as are mentioned in the First Schedule are hereby abolished, and all civil proceedings by or against the Crown in the Supreme Court shall be instituted and proceeded with in accordance with rules of court.
In this section, "rules of court" means, in relation to any claim against the Crown in the Supreme Court which falls within the jurisdiction of that court as a prize court, rules of court made under section 3 of the Prize Courts Act 1894.
11. (1) Subject to the provisions of this Ordinance, and to any enactment limiting the jurisdiction of the District Court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise) any civil proceedings by or against the Crown may be instituted in the District Court.
(2) Any proceedings by or against the Crown in the District Court shall be instituted and proceeded with in accordance with rules of court.
(Amended, 22 of 1962, s. 49)
12. The Crown may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto; and all rules of court
10
Saving in respect of acts done under prerogative and statutory powers.
(cf. 10 & 11 Geo. 6 c. 44, s. 11.)
CAP. 300]
Crown Proceedings.
[1964 Ed.
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 on the Crown or the Governor by any statute or enactment, and, in particular, nothing in the said Part II shall extinguish or abridge any powers or authorities exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, any of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom or in the Colony.
(2) Where in any proceedings under this Ordinance it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Crown, the Governor may, if satisfied that the act or omission was neces- sary for any such purpose as is mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.
Civil proceedings in the Supreme Court.
First Schedule.
[cf. 10 & 11 Geo. 6 c. 44, s. 13.]
(57 & 58 Vict. c. 39.)
Civil proceedings in the District Court.
Interpleader.
[cf. 10 & 11 Geo. 6 c. 44, s. 16.]
PART III.
JURISDICTION AND PROCEDURE,
10. Subject to the provisions of this Ordinance, all such civil proceedings by or against the Crown as are mentioned in the First Schedule are hereby abolished, and all civil proceedings by or against the Crown in the Supreme Court shall be instituted and proceeded with in accordance with rules of court.
In this section, "rules of court" means, in relation to any claim against the Crown in the Supreme Court which falls within the jurisdiction of that court as a prize court, rules of court made under section 3 of the Prize Courts Act 1894.
11. (1) Subject to the provisions of this Ordinance, and to any enactment limiting the jurisdiction of the District Court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceed- ings or otherwise) any civil proceedings by or against the Crown may be instituted in the District Court.
(2) Any proceedings by or against the Crown in the District Court shall be instituted and proceeded with in accordance with rules of court.
(Amended, 22 of 1962, s. 49)
12. The Crown may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto; and all rules of court
!
No comments yet.
Private notes are available after approval.