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Insertion of new sections 22, 23 and 24 in Chapter 2.
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2. The Interpretation Ordinance . is hereby amended by the addition at the end thereof, of the following three new sections which shall have effect as sections 22, 23 and 24 respectively, of that Ordinance: –
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‘ Interpretation of the expression ” shall not be called in question in any court “.
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22. Where there appears in any enactment, whether passed or made before or after the commencement of this Ordinance, the expression ” shall not be called in question in any court ”, or any other expression of similar import whether or not accompanied by the words ” whether by way of writ or otherwise ” in relation to any order, decision, determination, direction or finding which any person, authority or tribunal is empowered to make or issue under such enactment, no court shall, in any proceedings and upon any ground whatsoever, have jurisdiction to pronounce upon the validity or legality of such order, decision, determination, direction or finding, made or issued in the exercise or the apparent exercise of the power conferred on such person, authority or tribunal:
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Provided, however, that the preceding provisions of this section shall not apply to the Supreme Court in the exercise of its powers under section 42 of the Courts Ordinance in respect of the following matters, and the following matters only, that is to say-
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(a) where such order, decision, determination, direction or finding is ex facie not within the power conferred on such person, authority or tribunal making or issuing such order, decision, determination, direction or finding; and
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(b) where such person, authority or tribunal upon whom the power to make or issue such order, decision, determination, direction or finding is conferred, is bound to conform to the rules of natural justice, or where the compliance with any mandatory provisions of any law is a condition precedent to the making or issuing of any such order, decision, determination, direction or finding, and the Supreme Court is satisfied that there has been no conformity with such rules of natural justice or no compliance with such mandatory provisions of such law :
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Provided further that the preceding provisions of this section shall not apply to the Supreme Court in the exercise of its powers under section 45 of the Courts Ordinance to issue mandates in the nature of writs of habeas corpus.
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Construction of enactments giving power to courts to declare rights or status.
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23. Subject to the provisions of section 24, where a court of original civil jurisdiction is empowered by any enactment, whether passed or made before or after the commencement of this Ordinance, to declare a right or status, such enactment shall not be construed to empower such court to entertain or to enter decree or make any order in any action for a declaration of a right or status upon any ground whatsoever, arising out of or in respect of or in derogation of any order, decision, determination, direction or finding which any person, authority or tribunal is empowered to make or issue under any written law:
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Provided, however, that the provisions of this section shall not be deemed to affect the power of such court to make an order or decree relating to the payment of damages.
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Construction of enactment giving power to court to grant, injunctions or make orders for specific performances.
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24.
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(1) Nothing in any enactment, whether passed or made before or after the commencement of this Ordinance, shall be construed to confer on any court, in any action or other civil proceedings, the power to grant an injunction or make an order for specific performance against the Crown, a Minister, a Parliamentary Secretary, the Judicial Service Commission, the Public Service Commission, or any member or officer of such Commission, in respect of any act done or intended or about to be done by any such person or authority In the exercise of any power or authority vested by law in any-such person or authority :
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Provided, however, that the preceding provisions of this subsection shall not be deemed to affect the power of such court to make, in lieu thereof, an order declaratory of rights of parties.
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(2) No court shall in any civil proceeding grant any injunction or make an order against an officer of the Crown if the granting of the injunction or the making of the order would be to give relief against the Crown which could not have been obtained in proceedings against the Crown.’.
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