**
custodian means the person or persons appointed
by the occupying power as Custodian of Enemy Property
or to receive rentals due to enemies of the occupying power but does not include a liquidator;
冒中 debt means any sum of money payable by virtue of a legal obligation and recoverable when due by process of law;
duress or coercion includes any act of informing or threat to inform an official of the occupying power of the refusal of a creditor or his agent to accept payment of a debt in occupation currency:
4.
Pa
Hong Kong currency means the dollar currency in circulation and constituting legal tender in the Colony before the occupation period or after 1st May, 1946;
*C
liquidator means any person appointed by the occupying power and acting as liquidator of any corporation, company, firm or other commercial undertaking and includes the Custodian if acting as such liquidator;
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occupation currency means any currency issued by the occupying power and in circulation during the occupation period, but does not include Hong Kong currency:
+
occupation period" means, in relation to the Colony, the period between the 25th December, 1941 and the 1st Septeraber, 1945 and includes any part of such period:
4
occupying power
!
means the power exercising during the occupation period the functions of government in the Colony or any part thereof;
property
includes any thing in setion and any interest in property movable or immovable;
*
restraint means confinement by or under the authority of the occupying power but does not include a sentence of imprisonment awarded by a competent court for a criminal offence.
(2) For the purpose of this Ordinance any person who, immediately prior to the commencement of the occupa- tion period, bad authority (hereinafter referred to as his **Former authority") to act as agent for another (hereinafter referred to as his former principal") shall be deemed to have been the agent of his former principal to the extent that he continued, during the occupation period and while his former principal was absent or under restraint, to act on behalf of his former principal in any matter which would
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have been within the scope of his former authority notwith- standing that his former authority had been determined upon the commencement of or during the occupation period and while his former principal was absent or under restraint in any of the following ways, that is to say--
(a) by operation of law us a result of the occupation of the Colony by the occupying power;
(b) by the expiration of the period of the agency of such person except where such agency was for the purpose of a particular transaction only;
(c) in any other way unleas such person had notice of the fact or facts which so determined his former authority.
occupation
3. (1) Where any payment was made during the Discharge occupation period in Hong Kong currency or occupation during currency by a debtor or by his agent or by a custodian or a period of liquidator acting or purporting to act on behalf of such debtor pre-occupa to a creditor or to bis agent or to a custodian or a liquidator acting or purporting to act on behalf of such creditor and such payment was made in respect of a debt-
(a) payable by virtue of an obligation incurred prior to the commencement of the occupation period and
(b) accruing due either prior to or after the commencement of the occupation period, such payment shall subject to the provisions of sub-section (2) of this section be a valid discharge of such debt-
(i) to the extent of the face value of such payment if made in Hong Kong currency; or
(ii) at the official rate prescribed by the occupying power if payment made in occupation currency:
(iii) at the rate agreed by the parties
OF
concerned.
(2) In any case-
(a) where the acceptance of such payment in occupation currency was obtained by duress or coercion, or
(b) where such payment was made in occupa- pation currency in respect of a pre-occupation capital debt which
ment or
(i) was not due at the time of such pay-
tion detits.
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