708
Provisions
as to property subject
to hire- purchase
agreements.
Provisions
us to
property
subject to mortgages.
Compensa
apart from
these regulations.
THE HONG KONG GOVERNMENT GAZETTE, MAY 10, 1940.
15. In a case where any property in respect of the requisition or acquisition of which compensation is required. by the preceding provisions of these regulations to be paid to the person who is the owner of the property immediately before the requisition or acquisition, is then in the possession of some other person by virtue of a hire-purchase agreement, that person may, by a notice given in the prescribed form and manner to the prescribed authority, within the period limited. by these regulations in relation to the making of any claim by the owner for payment of the compensation, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and, in default of agreement between the parties, the last-mentioned claim shall be referred to the tribunal constituted under these regulations which has jurisdiction in the matter of any such claim by the owner, and thereupon that tribunal may apportion the compensation between the owner and the other person in such manner as appears to it to be just.
16. Where any sum by way of compensation is paid in accordance with any provisions of these regulations requiring compensation to be paid to the owner of any property, then, if at the time when the compensation accrues due, the property is subject to any mortgage, pledge. lien or other similar obligation, the sum so paid shall be deemed to be comprised in that mortgage, pledge, lien or other obligation.
17. The provisions of these regulations shall be without tion payable prejudice to any agreement for the making of any payment (whether by way of compensation or otherwise) in respect of the doing of anything on behalf of the Governor in the exercise of emergency powers: but, where compensation in respect of the doing of anything as aforesaid, would, apart from this regulation, be payable both under these regulations and under some other enactment or rule of law, then, subject to any such agreement as aforesaid, the compensation shall be payable in accordance with these regulations and not otherwise.
Service of
notices.
Commence- ment.
18. Any notice which by these regulations is required or authorized to be served on any person may be served by post.
19. These regulations shall be deemed to have come into operation on the twenty-fourth day of August, nineteen. hundred and thirty-nine.
Published by His Excellency's Command,
!
$
8th May, 1940.
N. L. SMITH,
Colonial Secretary.