Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 8

Provisions relating to the armed forces

(Past version on 30/06/1997).

(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
        aforesaid, or in consequence of the nature or condition of any
        equipment or supplies used for the purposes of those forces; and

   (b)  (i) in the case of 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 as mentioned in subsection (1);

        (ii)   in the case of a member of the armed forces of the Crown in
               right of Her Majesty's Government in the Colony, the Governor
               in Council certifies as mentioned in subsection (1); nor shall
               any act or omission of an officer of the Crown subject him to
               liability in tort for death or personal injury, in so far as
               the death or personal injury is due to anything suffered by a
               member of the armed  forces of the Crown being a thing as to
               which the conditions aforesaid are satisfied.

(3) The Chief Secretary for Administration, if satisfied that it is the fact-
(Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)

   (a)  that a person was or was not on any particular occasion on duty as a
        member of the armed forces of the Crown in right of Her Majesty's
        Government in the Colony; or

   (b)  that at any particular time any land, premises, ship, aircraft,
        vehicle, equipment or supplies was or was not, or were or were not,
        used for the purposes of the said forces, may issue a certificate
        certifying that to be the fact; and any such certificate shall, for
        the purposes of this section, be conclusive as to the fact which it
        certifies. [cf. 1947 c. 44 s. 10 U.K.]

(4) A certificate of The Ministry of Defence or a Secretary of State-

   (a)  that a person was or was not on any particular occasion on duty as a
        member of the armed forces of the Crown in right of Her Majesty's
        Government in the United Kingdom; or

   (b)  that at any particular time any land, premises, ship, aircraft,
        vehicle, equipment or supplies was or was not, or were or were not,
        used for the purposes of the said forces, shall, for the purposes of
        this section, be conclusive as to the fact which it certifies.

(5) For the purposes of this section, "member of the armed forces of the
Crown" (官方武裝部隊成員), unless the context otherwise requires,
means a member of the armed forces of the Crown in right of Her Majesty's
Government in the Colony or in right of Her Majesty's Government in the United
Kingdom.

(6) Nothing in this section shall be deemed by implication or otherwise to
confer any right of action against the Crown in right of Her Majesty's
Government in the United Kingdom.

"member of the armed forces of the Crown" (官方武裝部隊成員)