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THE NATIONAL ARCHIVES
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restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet. Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
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THE NATIONAL ARCHIVES
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restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet. Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
may apply to a "liquidator". They are also irrelevant the functions of the "Custodian" are taken to be to receive and totake into Custody moneys which would otherwise be payable to or for the benefit of an enemy.
(d) Malavan Currenovi
2.
Even with the substitution
of "Hong Kong" for "Malayan" this definition in its application to Hong Kong must be amended. Under Proclamation 5 of September 13, 1945, after the re-occupation of the Colony certain categories of occupation currency were continued temporarily as legal tender Japanese Military Yen and Central Reserve Bank of China notes. Therefore, instead
-
of referring to Hong Kong Currency as legal tender before or "after occupation period", the definition should read "before the occupation period and after May 1, 1946" or such other date on which Proclama- tion 5 was repealed so as to exclude Military Yen and C.R.B. from the category of legal tender. Onluse 3. (1)
(a)
(b)
The use of the term "agent" to include an agent whose authority had been abrogated, and the assump- tion that such an agent or the Custodian or Liquidator could act on behalf of a debtor or creditor is open to the objections which have already been stated.
"or arising out of/?h consequence of a breach contract entered into prior to the occupation period". The meaning of these words and the reason for their inclusion is not clear nor is it clear whether the breach refers to a breach before or after the occupation period.
A debt arising out of, or in consequence of a breach
of contract is presumably in respect of damages which had already become payable by virtue of a legal obligation and recoverable by process of law. If that is ɖ, the definition of debt in Section 2 is adequate. A breach of contract gives rise to an action for damages not to a debt.