1964_CROWN_PROCEEDINGS_ORDINANCE — Page 21

20

CAP. 300]

Crown Proceedings.

[1964 Ed.

(d) affect any proceedings by the Crown otherwise than in

right of Her Majesty's Government in the Colony; or

(e) subject the Crown to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Crown than those to which the Crown would be subject in respect of such acts or omissions if it were a private person; or

(f) affect any rules of evidence or any presumption relating to the extent to which the Crown is bound by any statute

or enactment; or

(g) affect any right of the Crown to demand a trial at bar or to control or otherwise intervene in proceedings affecting its rights, property or profits; or

(h) affect any right of the Attorney General, any Govern- ment department or any officer of the Crown as such to institute proceedings under or in accordance with the provisions of any other enactment;

and, without prejudice to the general effect of the foregoing pro- visions, Part IV of this Ordinance shall not apply to the Crown except in right of Her Majesty's Government in the Colony.

(3) A certificate of the Colonial Secretary-

(a) to the effect that any alleged liability of the Crown arises otherwise than in respect of Her Majesty's Government in the Colony;

(b) to the effect that any proceedings by the Crown are proceedings otherwise than in right of Her Majesty's Government in the Colony,

shall, for the purposes of this Ordinance, be conclusive as to the matter so certified.

(4) Where any property vests in the Crown by virtue of any rule of law which operates independently of the acts or the inten- tions of the Crown, the Crown shall not by virtue of this Ordin- ance be subject to any liabilities in tort by reason only of the property being so vested; but the provisions of this subsection shall be without prejudice to the liabilities of the Crown under this Ordinance in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or con- trol of any such property, or entered into occupation thereof.

(5) This Ordinance shall not operate to limit the discretion of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Ordinance, notwithstanding that by reason of the provisions of this Ordinance some other and further remedy is available.