INDEMNITY ORDINANCE, 1922

INDEMNITY ORDINANCE, 1922

No. 18 of 1922.
An Ordinance to restrict the taking of legal proceedlugs in
respect of certain acts and matters dove during the
war and to provide in certain cases remedies in
substitution therefor.

[18th August, 1922.]

1. This Ordinance may be cited as the Indemnity Ordi-
nance,1922.





2. In this Ordinance,
(a) The Blue Book Reports means the reports as to
rates and conditions published in October, 1914, by the
sub-committee of the Board of Arbitration constituted under
the proclamation issued by His Majesty on the 3rd day of
August, 1914, subject to such increases or modifications
thereof as may have been agreed to before the first day of
January, 1920.

(b) The war means the war declared against Germany,
Austria-Hungary, Turkey and Bulgaria on the 4th day of
August, the 12th day of August, and the 5th day of November,
1914, and the 15th day of October, 1915, respectively.

(c) War risk means those risks which would be excluded
from an ordinary English policy of marine insurance by the
following, or similar, but not more extensive clause:-

Warranted free of capture, seizure, and detention and the
consequences thereof, or of any attempt thereat, piracy
excepted, and also from all consequences of hostilities or
warlike operations, whether before or after declaration of
war.

3.-(1) No action or other legal proceeding whatsoever,
whether civil or criminal, shall be instituted in any court of
lam, for or on account of or in respect of any act, matter
or thing done, whether within or without the Colony, during
the war before the passing of this Ordinance, if done in good
faith, and done or purported to be done in the execution of
his duty, or for the defence of the realm, or for the public
safety, or for the defence of the Colony, or for the enforcement
of discipline, or otherwise in the public interest, by a person
holding office under or employed in the service of the Crown
in any capacity, whether naval, military, air-force, or civil, or
by a person holding office tinder or employed in the service
of the Government of the Colony of Hongkong in any capacity,
or by any other person acting under the authority of a person
so holding office or so employed, or for the recovery of any
sum of money which was acquired by the Government of the
Colony of Hongkong in consequence of any such act, matter
or thing; and if any such proceeding has been instituted
before the commencement of this Ordinance, it shall be
discharged and made void, subject to such order as to costs
as the court or a judge thereof may think fit to -make:

As amended by Law Rev. Ord., 1924,





Provided that nothing in this section shall prevent the
institution or prosecution of any proceedings by or on
behalf of His Majesty or the Government of the Colony of
Hongkong or any Government department:
Provided also that except in cases where a claim for pay-
ment or compensation can be brought under section 4,
nothing in this section shall prevent-

(a) the institution or prosecution of proceedings in respect
of any rights tinder, or alleged breaches of, contract, if the
proceedings are instituted within ond year from the termina-
tion of the war or the date when the cause of action arose,
whichever may be the later;

(b) the institution or prosecution of civil proceedings
founded on negligence in respect of dainage, to person or
property elsewhere than in a foreign country,

(c) the institution or prosecution of civil proceedings in
respect of damage to person or property in any foreign
country, or of the requisitioning of property in any foreign
country, if the consent of the Attorney- General to the institu-
tion or prosecution of the proceedings is obtained, but such
consent shall not be given if the person seeking to institute
or prosecute the proceeding would have had no remedy if
the act complained of had been done in the Colony, or if
other provision has been made by treaty or convention for
the settlement of claims of the class in question;

(d) the institution or prosecution of proceedings respecting
the validity or infringement of a patent.

(2) For the parposess of this section, an action against the
Government which can be brought under the provisions of
Chapter XVIII of the Code of Civil Procedure shall be
deemed to be a legal proceeding, and the proceeding shall
be deemed to be instituted at the date on which the statement
of claim is filed.

(3) For the purposes of this section, a certificate by the,
Colonial Secretary that any act, matter, or thing was done
under the authority of a person so holding office or so
employed as aforesaid, or was done in the execution of a
duty, or for the defence of the realm, or for public safety,
or for the. defence of the Colony, or for thetforcement of
discipline, or otherwise in the public interest, or that any
sum of money was acquired by the Governnient of the Colony





of Hongkong in consequence of any such act, matter, or
thing, shall be sufficient evidence of such authority or duty
or object, and of such act, matter, or thing having been done
thereunder, or in execution thereof, or with such object, or
that such sum of money was acquired by the said Government
in consequence of such act, matter, or thing, and any such
act, matter, or thing shall be deemed to have been done in
good faith unless the contrary is proved.

(4) Nothing in this section shall prejudice or prevent the
institution or prosecution of proceedings for giving effect to
a final judgment given before the passing of this Ordinance
by any court of final resort or by my other court where the
judgment at the passing of this Ordinance is not then the
subject of a pending appeal.

4. Notwithstanding anything in section 3 restricting the
right of taking or prosecuting legal proceedings, any person
not being the subject of a state which has been at war with
His Majesty during the war and not having been a subject
of such a state whilst that state was so at war with His
Majesty, and being the owner of a ship which, or any cargo
space or passenger accommodation in which, has in fact been
either requisitioned or controlled during the war by or for
the Government of the Colony of Hongkong, whether on
behalf of His Majesty's Government or not, shall be entitled
to payment in respect of such requisition or control, and to
compensation for loss or damage to such ship which was
directly due to war risk, in accordance with the following
provisions of this section, but not further or otherwise:-

(1) Payment in respect of such requisition or control shall
be made in accordance with the rates and conditions contained
in the Blue Book Reports, together with any additional pay-
ment which shall have been expressly promised in writing,
or credited to the owner, by or on behalf of the Government
of the Colony of Hongkong.

(2) Compensation shall also be paid in respect of any
ship so requisitioned or controlled for any loss or damage
directly due to war risk during theperiod of requisition or
control, and such compensation shall be calculated on the
ascertained value of the ship, if she shall have been totally
lost, at the time of such loss, or if she shall have been

As amended by Law Rev. Ord., 1924.





injured, on the ascertained value of such injury, and shall
be assessed without taking into account any increase of
market values of tonnage due to the war.

(3) Any such payment or compensation shall be assessed
by the tribunal hereinafter mentioned.

5.-(1) The tribunal for assessing any payment or com-
pensation claimed under this Ordinance shall be appointed
by the Governor by notification in the Gazette and shall
consist of three members and shall be constituted in the
manner following:-

(a) The president of the tribunal shall be such judge as
the judges may mutually arrange.

(b) Of the two other members of the tribunal, one shall be
nominated by the Governor, and the other by the claimant:
Provided that if such claimant fails to -nominate a member,
it shall be lawful for the Governor to appoint a second mem-
ber on his behalf.

(2) Nothing in this Ordinance shall confer on any person
a right to payment or compensation unless notice of the claim
shall have been given to the Registrar of the Supreme Court
within one year from the termination of the war, or the date
when the transaction giving rise to the claim took place,
whichever may be the later.

(3) It shall be lawful for the Chief Justice to make rules
of procedure for the tribunals to be constituted under this
section, whether any such tribunal shall have been constituted
or not: Provided always that, in the absence of any such
rules, the procedure to be followed before any such tribunal
shall be decided by the president of that tribunal.

(4) Any tribunal when constituted under this section shall
have all such powers as are vested in the Supreme Court or
in a judge on the occasion of any action in respect of the
following matters:--

(a) enforcing the attendance of witnesses and examining
them -upon oath or otherwise as it may think fit;

(b) compelling the production of any documents; and

(c) punishing persons guilty of contempt.

(5) The decision of a majority of the members of any
tribunal constituted under this section shall be final:
Provided that the president of the tribunal may in any case,
at his discretion, reserve a point of law for the decision of
the Full Court, and the decision of the Full Court on sii
point of law shall be final.

6. Nothing in the provisions of this Ordinance shall affect
or apply to proceedings in any prim court respecting any
matter within the jurisdiction of the court.
[Originally No. 18 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 48, Schedule, Pt. I. 10 & 11 Geo. 5, c. 48, s. 7(3). Restrictions on the taking or prosecution of certain legal proceedings. 10 & 11 Geo. 5, c. 48, s. 1. [s. 3 contd.] Ordinance No. 3 of 1901. Right to payment or compensation in respect of ships requisitioned or controlled during the war. 10 & 11 Geo. 5, c. 48, s. 2, and Schedule, Part I. Tribunal for assessing payment or compensation. 10 & 11 Geo. 5, c. 48, s. 2. Saving of prize court proceedings. 10 & 11 Geo. 5, c. 48, s. 3.

[Originally No. 18 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 48, Schedule, Pt. I. 10 & 11 Geo. 5, c. 48, s. 7(3). Restrictions on the taking or prosecution of certain legal proceedings. 10 & 11 Geo. 5, c. 48, s. 1. [s. 3 contd.] Ordinance No. 3 of 1901. Right to payment or compensation in respect of ships requisitioned or controlled during the war. 10 & 11 Geo. 5, c. 48, s. 2, and Schedule, Part I. Tribunal for assessing payment or compensation. 10 & 11 Geo. 5, c. 48, s. 2. Saving of prize court proceedings. 10 & 11 Geo. 5, c. 48, s. 3.

https://oelawhk.lib.hku.hk/items/show/1353

1923

v5

No. 18 of 1922

6