THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 29, 1920. 357
Article.
Nature of Amendment.
1 (si)
1 (siv)
1 (xvi)
1 (xvii)
1 (xviii)
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At the end the following words shall be inserted :-
In any proceeding by the Clearing Office to enforce payment of a debt or fine, a report purporting to be signed by the Controller or by the secretary shall be evidence of the facts therein stated."
The following paragraph shall be inserted after paragraph (xiv) :
"(xiva) The Board of Trade may undertake on behalf of a British national the presentation to and conduct before the Mixed Arbitral Tribunal of any claim difference or dispute referable to the Tribunal under the provisions of Sections IV. V and VII of Part X of the Treaty, and may make regulations with the consent of the Treasury in respect of the fees to be charged in respect of such services.”
The following words shall be inserted after the words "the fourth day of August nineteen
hundred and fourteen" :-
", but so nevertheless that the claims of British nationals for the proceeds of the liquidation "of their property. rights and interests mentioned in Section IV of Part X of the Treaty and in the Annex thereto, and for the enemy debts owing to them referred to in Article ** 296 of the Treaty, shall rank in priority to any of the other claims above mentioned." In sub-paragraph (a), after the words "the Custodian" the following words shall be
inserted: "acting under the general direction of the Board of Trade.`
After sub-paragraph (7) the following paragraph shall be inserted :-
бой
**(a) The Court may on the application of the Clearing Office or the Custodian require any person known or suspected to have in his possession or under his control or management any property, right or interest subject to charge, including any person “known or suspected to owe a debt to a German national, or any person whom the Court may consider capable of giving information respecting the same, subject to payment or tender of reasonable expenses of his attendance, to attend as a witness and to give evi- dence or produce documents before the Court or before such officer as the Court may appoint for the purpose of examining into the matter, who shall have power to take evi- "dence and administer oaths, and if any person fails without reasonable excuse to comply with any of the provisions of the order," or wilfully give false evidence, he shall, on summary conviction, be liable to a fine not exceeding one hundred pounds, or to impri- sonment for a term not exceeding three months, or to both such imprisonment and fine, For the purposes of this paragraph the court' means the High Court or a judge thereof, or the County Court, or in Scotland, the Court of Session or the sheriff court. In sub-paragraph (c), after the words by the Custodian," the following words shall be inserted notwithstanding any regulation or stipulation of the company or other body, "and notwithstanding that the Custodian is not in possession of the certificate scrip or other document of title relating to the shares, stock or securities to which the applica- "tion relates."
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After sub-paragraph (e) the following paragraph shall be inserted:-
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"(c) Where the property charged consists of property transferable on delivery, any person having the possession, control, or management of the property shall, on being so required by the Custodian, deliver the property to him, and the Custodian shall, subject to the consent of the Board of Trade, have power to sell or otherwise deal with the property so delivered to him.”
In sub-paragraph (d) for the words "Section Four" there shall be substituted the words
"sub-sections (1) to (4) of section four."
For the words Article 300" where those words secondly occur there shall be substituted the words Article 301," and for the words "six months" where those words secondly occur there shall be substituted the words "ten months.“
For the words "except the Dominion of Canada' to “and India ’ inclusive, there shall be substituted the words "except India and the self-governing Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia (which for this purpose shall "be deemed to include Papua and Norfolk Island), the Union of South Africa, the
Dominion of New Zealand, and Newfoundland.”
At the end of the same article the following proviso shall be added :---
* Provided also that if a local clearing office is established in India or in any self- governing Dominion, the provisions of this Order relating to the clearing office shall apply with respect to the relations between the Central Clearing Office and the locai clearing office and to transactions on behalf of the local clearing office which must be "effected through the Central Clearing Office, or which may be effected by the Central * Clearing Office at the request of the local clearing office.'
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