CAP. 300]
Crown Proceedings.
[1964 Ed.
District Court, have effect in relation to the District Court as they have effect in relation to the Supreme Court.
Discovery.
10 & 11 Geo. 6 c. 44, s. 28.
Exclusion of proceedings in rem against the Crown.
10 & 11 Geo. 6 c. 44, s. 29.
PART V.
MISCELLANEOUS AND SUPPLEMENTAL.
24. (1) Subject to and in accordance with rules of court-
(a) in any civil proceedings in the Supreme Court or the District Court to which the Crown is a party, the Crown may be required by the court to make discovery of documents and produce documents for inspection; and
(b) in any such proceedings as aforesaid, the Crown may be required by the court to answer interrogatories:
Provided that this section shall be without prejudice to any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.
Any order of the court made under the powers conferred by paragraph (b) shall direct by what officer of the Crown the interrogatories are to be answered.
(2) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if, in the opinion of the Governor, it would be injurious to the public interest to disclose the existence thereof.
25. (1) Nothing in this Ordinance shall authorize proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any ships or aircraft belonging to Her Majesty or the Government, or of any cargo or other property belonging to the Crown, or give to any person any lien on any such ship, aircraft, cargo or other property.
(2) Where proceedings in rem have been instituted in the Supreme Court or the District Court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in accordance with the provisions of this Ordinance, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.
16
CAP. 300]
Crown Proceedings.
[1964 Ed.
District Court, have effect in relation to the District Court as they have effect in relation to the Supreme Court.
Discovery.
10 & 11 Gco. 6 c. 44, s. 28.
Exclusion of proceedings in rem against the Crown.
10 & 11 Geo. 6 c. 44. s. 29.
PART V.
MISCELLANEOUS AND SUPPLEMENTAL.
24. (1) Subject to and in accordance with rules of court-
(a) in any civil proceedings in the Supreme Court or the District Court to which the Crown is a party, the Crown may be required by the court to make discovery of docu- ments and produce documents for inspection; and
(b) in any such proceedings as aforesaid, the Crown may be
required by the court to answer interrogatories:
Provided that this section shall be without prejudice to any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the ques- tion would be injurious to the public interest.
Any order of the court made under the powers conferred by paragraph (b) shall direct by what officer of the Crown the inter- rogatories are to be answered.
(2) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if, in the opinion of the Governor, it would be injurious to the public interest to disclose the existence thereof.
25. (1) Nothing in this Ordinance shall authorize proceed- ings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any ships or aircraft belonging to Her Majesty or the Government, or of any cargo or other property belonging to the Crown, or give to any person any lien on any such ship, aircraft, cargo or other property.
(2) Where proceedings in rem have been instituted in the Supreme Court or the District Court against any such ship, air- craft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reason- able belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in accordance with the provisions of this Ordinance, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.
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