1964 Ed.]
Crown Proceedings.
[CAP. 300
5
Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Ordinance have given rise to a cause of action in tort against that servant or agent or his estate.
(2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Ordinance, the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity.
(3) Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by enactment or statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.
(4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Crown in respect of any tort committed by that department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, apply in relation to the Crown as it would have applied in relation to that department or officer if the proceedings against the Crown had been proceedings against that department or officer.
(5) No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connexion with the execution of judicial process.
(6) (a) Notwithstanding the provisions of this section, no liability shall be imposed thereby upon the Crown in respect of any ship, dock or harbour owned by the Crown.
(b) This subsection shall continue in force until a day to be appointed by the Governor by Proclamation in the Gazette and shall then expire.
5. (1) Where after the commencement of this Ordinance any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright, (including any copyright in a design subsisting under the Registered Designs Act 1949 to 1961, as applied to the Colony by the United Kingdom Designs (Protection) Ordinance), and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Ordinance, civil proceedings in respect of this infringement shall lie against the Crown.
Provisions as to industrial property.
10 & 11 Geo. 6 c. 44, s. 3.
(Cap. 44.)
1964 Ed.]
Crown Proceedings.
[CAP. 300
5
Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Ordinance have given rise to a cause of action in tort against that servant or agent or his estate.
(2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Ordinance, the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity.
(3) Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by enactment or statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.
(4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Crown in respect of any tort committed by that department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, apply in relation to the Crown as it would have applied in relation to that department or officer if the proceedings against the Crown had been proceedings against that department or officer.
(5) No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsi- bilities which he has in connexion with the execution of judicial process.
(6) (a) Notwithstanding the provisions of this section, no liability shall be imposed thereby upon the Crown in respect of any ship, dock or harbour owned by the Crown.
(b) This subsection shall continue in force until a day to be appointed by the Governor by Proclamation in the Gazette and shall then expire.
5. (1) Where after the commencement of this Ordinance any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright, (including any copyright in a design subsisting under the Registered Designs Act 1949 to 1961, as applied to the Colony by the United Kingdom Designs (Protection) Ordinance), and the infringement is com- mitted with the authority of the Crown, then, subject to the provisions of this Ordinance, civil proceedings in respect of this infringement shall lie against the Crown.
Provisions as to industrial property.
10 & 11 Geo. 6 c. 44, s. 3.
(Cap. 44.)
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