British Military Administration Hong Kong
Proclamation No.
1940
37
1
Short Title 1.
A Proclamation announcing a Moratorium.
This Proclamation may be cited as the Moratorium Proclamation, 194
Moratorium 2. (1) Until further notice and except as provided by this Proclamation,
and
no sum shall be recoverable and no remedy arising in consequence of a default exceptions in payment shall be enforceable, whether by proceedings in any court or
thereto. otherwise.
(2) The provisions of the preceding sub-section shall hot apply to:-
(a) Orown rents, rates, charges for the supply of water or other services in connection with such supply, or any fines, fees, forfeitures, dues, duties or other sums whatsoever or any instalment thereof, payable to the Crown or to the Government or any department thereof;
(b Wages and salaries;
C
Suns due to workmen for work and labour;
(a Sums due to professional men for professional services things
and things supplied in connection therewith;
(e) Arrears of rent, or interest payable under any mortgage, not exceeding the amount payable in respect of a period of three months and, in either case, accruing after the date of this Proclamation.
(f) Debts arising out of contract made after the date of this Proclamation (other than any such debt as hereinbefore mentioned) not exceeding two hundred dollars in respect of any one transaction.
No interest 3. No interest shall accrue on any debt in respect of the period
unless for which its recovery is suspended by this Proclamation, unless payment provided of interest shall have been expressly provided for in writing.
Prohibition 4.
of splitting
claims
Saving of Crown remedies
Saving of rights of
public
utility
No cause of action which exists at any one time amounting in the whole to a sun exceeding two hundred dollars "shall be split or divided so as to be made the ground of two or more different actions in order to bring such actions within the scope of sub-section (2) of section 2 of this Proclamation, and if the court finds that the plaintiff in any case has split his cause of action as aforesaid, the court shall dismiss the action, without prejudice, however, to the plaintiff's right at any later date to sue upon the cause of action in such manner as he may be advised: provided that if a plaintiff is satisfied to recover a sum not exceeding two hundred dollars, then the court shall and may entertain the action of such plaintiff, and in case any order is made in favour of such plaintiff, the same shall be expressed to be and shall be, in full discharge of the whole cause of
action.
5. Nothing in this Proclamation shall affect any remedy of the Crown or of any Government department, whether by proceeding in the court or otherwise.
6. Nothing in this Proclamation shall affect the right of any public utility undertaking to suspend or withhold its service to any premises in default of payment of all lawful charges.
undertakings.
Power to
7. The Chief Civil Affairs Officer, or any officer authorised by him suspend &c in that behalf, may by general or specific order or notification suspend, moratorium vary or terminate the foregoing provisions or any part thereof in respect of
any debt or class of debts or in any District or Districts of the Colony.
Suspension 8. The provisions of paragraphs (b) to (f) inclusive of sub-section of operation2 of this Proclamation shall not come into force until such date as may be of (b) to flixed by a notification issued by the Chief Civil Affairs Officer, or an (f) of sub- officer/authorised by him in that behalf.
section (2)
of section 2.