Her to legal panoodloga
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"military" includes any member of the Naval Land and Air Forces of the Crown and any person employed by, or in the service of, or who is a follower of, or who accompanies any part of the Naval, Land and Air Forces aforesaid;
"Order" includes direction, decision, grant of Probate and Letters of Administra-
tion:
"war period" means the period commencing from the eighth day of December, 1941, and continuing until such date as the Governor may by notification in the Gazette declare to be the end of the war period for the purposes of this Ordinance.
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(1) No legal proceedings whatsoever shall lie or be instituted or maintained in in pre y court for or on account of or in respect of ----
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(a) any act or thing done during the war period, whether within or without the Colony, if done in good faith and done in the execution of his duty or for the purpose of prosecuting the war or maintaining or restoring order or enforcing discipline or ensuring public safety or maintaining supplies and services essential to the community or for the defence of the Colony or otherwise in the public interest by a person holding office, or employed or acting in any capacity in any part of the Colony, in the service of the British Military Administration or otherwise in the service of the Crown or In the public service, or employed by or acting on behalf of any statutory or public body incorporated in the Colony or by any other person acting under the authority of a person so holding office, so employed or so acting
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(b) any act or thing done, during the war period, whether within or without the Colony if done in good faith, for the good order and welfare of, or for the purpose of enforcing discipline among, civilian internees in any civilian internment camp, by any British or allied member of a camp com- mittee or camp disciplinary tribunal or camp police force or by any other civilian internee authorised to exercise disciplinary or executive functions in any such camp;
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any payment made, whether within or without the Colony, during the war the authority of the Secretary of State or by or by direction of, or under period out of any Hong Kong money or fund by, or by direction of, or under the authority of the Crown Agents for the Colonies, for the purpose of dis charging the debts or public obligations of the Crown or of the Government of Hong Kong or of any statutory or public body or institution or of any public_official incorporated or formerly exercising public functions in any part of the Colony: ur made for the purpose of maintaining the financial credit of, or otherwise in the interests and for the purposes of the said government or of any such body, or official; or made in the interests or for the purposes of the British Military Administration or otherwise in the interests or for the purposes of the relief and rehabilitation of the Colony; including in particular, but without prejudice to the generality of the preced- ing words, payments made in respect or on account of......
(i) Government loans, War Savings Certificates. Money Orders; (i) Contributions to sinking funda;
(ül) Currency redemption;
(iv) salaries, pensions, gratuities, allowances or advances to Government
servants, employees or pensioners, their families and dependants;
(v) Gratuities or allowances to persons resident or formerly resident in the Colony, their families and dependants, and grants to any fund or association for any like purpose;
(vi) contracts entered into prior to or during the war period for goods
supplied or to be supplied or services rendered or to be rendered; (vii) compensation for cancellation of contracts;
(viii) loans or advances made, or contracted during the war period to be made, for purposes of the rehabilitation of the Colony or any part thereof;
and if any such legal proceeding has been instituted; whether before or after the passing of this Ordinance it shall be discharged and made void.
(2) No legal proceeding complaining of an act or thing alleged to have been done otherwise than in good faith, (whether done within or without the Colony) during the war period by any person acting or purporting to act for any of the purposes and in any of the capacities in the preceding sub-section mentioned shall be received by, or maintained in, any court unless a certificate of the Attorney General shall first have been obtained sanctioning the institution of such legal proceeding.
(3) For the purposes of paragraph (a) of sub-section (1) of this section a cer- tificate issued by or under the authority of the Secretary of State for the Colonies or the Governor or the senior military officer in the Colony that any act or thing was
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dene under the authority of a person so holding office or so employed as aforesaid or was done in the execution of a duty shall be sufficient evidence of such authority or duty and of such act or thing having been done thereunder or in execution there- of, and any such act or thing done by or under the authority of a person so holding office or so employed as aforesaid shall be deemed to have been done in good faith unless the contrary is proved.
4.
(1) Any sentence passed, judgment given or order made during the war period by any court, tribunal or appellate authority established by or by virtue of any proclama- tion promulgated by or under the authority of the Commander-in-Chief (other than Court Martial constituted in pursuance of any Statute) shall be deemed to be and always to have been within the jurisdiction of the court, tribunal or appellate authority. (2) Where at the date of the coming into operation of this Ordinance any sen- tence or judgment or order of any Standing Military Court is still subject to confirma- tion or review, the powers exercisable under any such proclamation by the appellate authority shall be excrcised by such person as may be designated by the Governor in that behalf and such person shall be deaned to be the appellate authority within the meaning of sub-section (1).
(3) Subject to any order made on confirmation or review as aforesaid and to any remission according to the Prison Rules from time to time in force every person imprisoned or otherwise punished howsoever under and by virtue of any sentence passed or order made by any such court, tribunal or appellate authority shall continue liable to imprisonment or punishment until the expiration or execution of the said sentence or until he is released by the Governor or otherwise by the exercise of His Majesty's prerogative.
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wund ordera,
dva dola.
5. All laws, proclamations, orders, rules, regulations, and other acts whatsoever of a validation of legislative character made or issued during the war period by or with the assent of any British Military authority shall be deemed to have been validly made from the date of promulgation notwithstanding that any such law, proclamation, order, rule. regulation or legislative act may have repealed or amended or been inconsistent with any law previously in force.
6.
Unless a contrary intention appears all contracts entered into by or on behalf oftion of the British Military Administration which are not expressed to terminate upon the termination of the said Administration shall as from the commencement of this Ordinance be deemed to have been entered into by or on behalf of the Government and shall continue in full force and effect as if the Government instead of the British Military Administration had been the contracting party.
7.
Nothing in this Ordinance shall be deemed to affect
(a) the institution or prosecution of proceedings by or on behalf of the Crown
or the Government of Hong Kong, or
(b) the institution or prosecution of proceedings against an enemy or the subject of a State at war with His Majesty or against any person acting under the authority of an enemy or subject of such State; or
(e) the institution or prosecution of proceedings in respect of rights under, or alleged breaches of, contracte if such proceedings are instituted within one year from the termination of the war period or the date when the cause of action arose, whichever may be the later; or
(d) the institution of any proceedings under the Compensation (Defence) Regu- lations, 1940, or otherwise for the purpose of recovering compensation for property or services requisitioned or acquired, or the institution of any pro- ceedings that may lie for the recovery of compensation for war damage; or (e) the institution of such proceedings by and against the Custodian of Property
as may hereafter be authorised by Ordinance.
Passed the Legislative Council of Hong Kong, this 1st day of May, 1946.
dramass
Deputy Clerk of Councils.
Slovings.
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