1964_CROWN_PROCEEDINGS_ORDINANCE — Page 9

CAP. 300

Crown Proceedings.

[1964 Ed.

(Cap. 98, sub. leg.)

Provisions relating to the armed forces.

(cf. 10 & 11 Geo. 6 c. 44, s. 10.)

"Post Office Regulations" has the same meaning as in the Post Office Ordinance;

"inland postal packet" means a postal packet which is posted in Hong Kong for delivery in Hong Kong to the person to whom it is addressed;

"sender", in relation to a postal packet, has such meaning as may be assigned to it by Post Office Regulations.

(7) Any reference in this section to a postal packet shall be construed as including a reference to the contents of such a packet.

8. (1) Nothing done or omitted to be done by a member of the armed forces of the Crown while on duty as such shall subject either him or the Crown to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the armed forces of the Crown if-

(a) at the time when that thing is suffered by that other person, he is either on duty as a member of the armed forces of the Crown or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the armed forces of the Crown; and

(b)

(i) where that other person is a member of the armed forces of the Crown in right of Her Majesty's Government in the United Kingdom, the Minister of Pensions certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under the Royal Warrant, Order in Council or Order of Her Majesty relating to the disablement or death of members of the force of which he is a member;

(ii) where that other person is a member of the armed forces of the Crown in right of Her Majesty's Government in the Colony, the Governor in Council certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to a gratuity or pension under any enactment relating to the disablement or death of members of the force of which he is a member:

Provided that this subsection shall not exempt a member of the said forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of those forces.

(2) No proceedings in tort shall lie against the Crown for death or personal injury due to anything suffered by a member of the armed forces of the Crown if-

(a) that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as is mentioned in subsection (1);