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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 22, 1940.

No. 1280.

COLONIAL SECRETARY'S DEPARTMENT.

The Merchant Shipping (Salvage) Act, 1940, is published below for general information.

The Merchant Shipping Acts, with which this Act is to be construed as one, are, so far as they are consistent with the provisions of the Merchant Shipping Ordinance, 1899, in force in this Colony hy virtue of section 41 of Ordinance No. 10 of 1899.

21st November, 1940.

N. L. SMITH,

Colonial Secretary.

CHAPTER 43.

An Act to amend the law with respect to the right of the

Crown to claim salvage.

[25th July, 1940.]

BE it enacted by the King's Most Excellent Majesty. by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

the Crown

1.--(1) Where salvage services are rendered by or with Right of the aid of any ship, aircraft or other property whatsoever to claim belonging to His Majesty, His Majesty shall be entitled to salvage. claim salvage for those services, and shall have the same rights and remedies in respect of those services as any other salvor would have had if the ship, aircraft or property had belonged to him.

(2) Where salvage services are rendered by or with the aid of any requisitioned ship or aircraft, the ship or aircraft shall be treated, for the purpose of any claim in respect of those services, as belonging to His Majesty and not as belonging to any other person:

Provided that this sub-section shall not apply if, under any agreement made on behalf of His Majesty in connexion with the requisition, salvage earned by the ship or aircraft is for the benefit of some person other than His Majesty.

(3) In this section the expression "requisitioned ship or aircraft" means a ship or aircraft which for the time being is in the possession of, or at the disposal of, any person on behalf of His Majesty, by virtue of the exercise of any power conferred by regulations made under the Emergency Powers 2 & 3 Geo. 6. (Defence) Act, 1939, or by section seven of the Air Naviga- tion Act, 1920, as amended by any subsequent enactment, or Geo. 5. c. 80. any power exercisable by virtue of the prerogative of the Crown; and the expression "requisition

"requisition ""shall be construed accordingly.

c. 62.

10 & 11

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