1964_CROWN_PROCEEDINGS_ORDINANCE — Page 7

6

CAP. 300]

(12, 13 & 14 Geo. 6 c. 87.)

(12, 13 & 14 Geo. 6 c. 88.)

(Cap. 42.)

(Cap. 44.)

Application of

law as to indemnity, contribution, joint and several tortfeasors,

and contributory negligence.

10 & 11 Geo. 6 c. 44, s. 4. (Cap. 28.)

Crown Proceedings.

[1964 Ed.

(2) Nothing in subsection (1) or in any other provision of this Ordinance shall affect the rights of the Crown under section 46 of the Patents Act 1949,¡or section 12 and the First Schedule of the Registered Designs Act 1949, as applied to the Colony by the Registration of United Kingdom Patents Ordinance, and the United Kingdom Designs (Protection) Ordinance respectively.

(3) Save where it is expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Ordinance in respect of the infringement of a patent, in respect of the infringe- ment of a registered trade mark, or in respect of the infringe- ment of any such copyright as is mentioned in subsection (1) of this section.

6. (1) Where the Crown is subject to any liability by virtue of this part of this Ordinance, the law relating to indemnity and contribution shall be enforceable by or against the Crown in respect of liability to which it is so subject as if the Crown were a private person of full age and capacity.

(2) Without prejudice to the effect of subsection (1), the Tortfeasors Ordinance (which relates to proceedings against, and contribution between, joint and several tortfeasors) shall bind the 77 of 192451 Crown.

(Cap.23)

Liability in connexion with postal packets. (cf. 10 & 11 Geo. 6 c. 44, s. 9.1

(Cap. 98.)

of

(3) Without prejudice to the general effect of section this Ordinance, section of the Law Reform (Miscellaneous action - Provisions) Ordinance (which amends the law relating to contri-

butory negligence) shall bind the Crown.

7. (1) Subject as hereinafter provided, no proceedings in tort shall lie against the Crown for anything done or omitted to be done in relation to a postal packet by any person while employ- ed as a servant or agent of the Crown; nor shall any officer of the Crown be subject, except at the suit of the Crown, to any civil liability for any of the matters aforesaid.

(2) Notwithstanding the provisions of section 7 of the Post Office Ordinance, proceedings shall lie against the Crown under this subsection in respect of loss of or damage to a registered inland postal packet in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by a person employed as a servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet:

Provided that-

(a) no proceedings shall lie under this subsection in respect of any postal packet registered before the commencement of this Ordinance;

(b) the amount recoverable in any proceedings under this subsection shall not exceed the market value of the packet in question (excluding the market value of any message