General.
Ord. No.25 of 1914.
Functions
as
Custodian
of enemy property.
See foot-note
3
Types of property.
Notes for the guidance of the Custodian.
39 18,
1. The Custodian appointed under the Custodian Proclamation, 194 will,during the period of military administration, have threefold functions
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(a) He will be the holder of the office of Custodian of Enemy Property under the Trading with the Enemy Ordinance, 1914, and will be required to perform the functions/of that office; (b) He will, as far as possible, investigate those cases in which the enemy may have sought to block,confiscate or discriminate against the property of British subjects or British protected persons or subjects of States allied to His Kajesty and will take such steps as are within his power to bring about a restoration of the pre-occupation position; and
(c) He will be the Custodian of property (other than enemy property under the above Ordinance for the safety and preservation of which it is necessary to make provision owing to circumstances arising out of the war.
2. (1) The duties of the Custodian of Enery Froperty are statutory and are prescribed and limited by the above-mentioned Ordinance and are scarcely touched by the Proclamation.
Reference is required to the Ordinance and Orders made thereunder,viz: an order/altering the fees payable to the Custodian (G.N.No 92,G.G.24.11.39) amending the order of 28.7.16 published in Vol. III Regs. of H.K. (1937 ed)at p.828; Orders as to particulars required by the Custodian (G.N.No.802, G.G.15.9.39;G.N.M.631,G.G.7.6.40 and G.N.No.1231,G.G.8.11.40) and an Order as to dealing with certain money to be paid to the Custodian (G.N.No.478,G.G. 26.8.40).
In this connection the object of the Proclamation is to secure the revival of the office of Custodian of Enemy Property and such continuity therein as may be possible,but the functions of the Custodian/in that capacity are likely to be but a small fraction of those as general Custodian of Property under the Froclamation.
(2) The powers of the Custodian in respect of property within the categories mentioned in paragraph 1 (b) of these notes are stated in section 4 of the Froclamation. His duties will be mainly restricted to investigating, recording and reporting.
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361). Before passing to the functions which the Custodian may have to perform in respect of property in general, it may be as well to bring to mind the types of property which may come into his/hands or under his consideration and the physical and other conditions relating to the same in so far as they may affect the actions of the Custodian.
(2). The most important type of property calling for protect- ion will be immovable property and this may be divided into nine general classes :-
(a) Government buildings, e.g.courts,offices, police stations,
/schools, hospitals and living quarters;
(b) Premises of public utility, or quasi public utility
concerns,e.g.Tramway Co.,Electric Co.,China Light & Power Co.,Peak Tramway, Bus Companies, Dairy Farms;
c
e
(f
Piers,wharves,docks and ship-yards;
Places of worship of various denominatione ; Banks;
Factories, e.g. Nanyang Tobacco, Hosiery &c;
(g) Hotels and Boarding Houses;
(h) Warehouses and retail shops;
(i) Private dwelling-houses.
(3) With classes (a), (b) and (c) above, the Custodian will,in in the absence of express direction,have no concern.
In so far as the property is required for use during the period of military administration it will be taken over by or used under the control of the Civil Affairs Service or other military authority.
1.
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