Shares
whom the debt or the outstanding bank balance is owing.
19. To establish a claim under this Part of the Order in respect of
a share, any person making application to the Commission shall be required to establish to the satisfaction of the Commission:
(a)
that he is a person qualified under Article 16 of the Order to make such application;
(b)
that the share was beneficially owned at the relevant
date by a British national;
(c)
(a)
that the company to which the share related was
incorporated or constituted under the laws in force in
China; and
that he or his predecessor in title (or, if he is a
trustee, the person for whom he is trustee or the
predecessor in title of such person) has
suffered loss in respect of the share as a result of any
act of confiscation, nationalisation, expropriation
or other act of dispossession applied in
China on a relevant date to the share or to the
company or to any of its assets.
20. For the purposes of this Part of this Order, the Commission
may, if they think fit, assume, without proof of any specific act
of dispossession, that any person has been deprived of title to or
enjoyment of any property, or that such a person has suffered loss
in respect of a share, and that such deprivation or loss was the
result of an action or course of action or omission of the
authorities of the area in which the property or share was
situated.
21. -(1) Subject to the provisions of this Order, the Commission
shall assess the amount of loss with respect to each claim
established under this Part of the Order as may seem just and
equitable to them having regard to all the circumstances.