1956-HKRS28-8-23_Part02 — Page 17

Inter- pretation.

First Schedule.

Second Schedule.

Third Schedule.

2. (1) In this Ordinance—

"Administrator" means the Administrator of German Enemy

Property appointed under the provisions of section 3:

"German company" means a body incorporated in, or under the

laws of, Germany;

"German enemy debt" means-

(a) any sum due at the coming into operation of this Ordin- ance in respect of an obligation incurred before the 3rd day of September, 1939, which on that date was an obligation of

(i) the German State;

(i) any individual who on that day was a German

national resident in Germany; or

(iii) any body of persons (whether corporate or unincor- porate) which on that day was a body incorporated or constituted in or under the laws of Germany;

to any of the following persons-

(i) the Government of Hong Kongpor (i) a Hong Kong person:

Provided that where any Hong Kong person carried on business on that date both in and outside Hong Kong any sum attributable to the business carried on outside Hong Kong shall be excluded;

(b) any sum, not included in paragraph (4), being-

(i) a sum due at the coming into operation of this Ordin- ance in respect of any bond of any of the issues described in the First Schedule;

(ii) a sum due at the coming into operation of this Ordinance in respect of any bond of any of the issues described in the Second Schedule being a bond enfaced in accordance with the supplementary agree- ment for the execution of article 2 of the Anglo- German Agreement of the first day of July, 1939;

(iii) a sum due on the seventh day of May, 1945, in respect of any bond of any of the issues described in the Third Schedule;

"German enemy property" means property which at the coming into operation of this Ordinance is or at any time thereafter beames-

(a) the proceeds realized by any winding up carried out

under the Alien Enemies (Winding up) Ordinance, 1914, (28 of and paid into a bank approved by the Governor under 1914). subsection (10) of section 5 of that Ordinance; or

(b) subject to control under section 22 of the Trading with

The Enemy Ordinance;

being property or the proceeds or income of property which on or at any time after the 3rd day of September, 1939, belonged to or was held or managed on behalf of→

() the German State;

(ii) a German person;

(iii) any person who was a German national on or at any time after the said day and was included among the persons specified in any order made under subsection (2) of section 4 of the Trading with the Enemy Ordinance, or was a person whose property became subject to control under section 22 of that Ordinance at a time when he was not an enemy within the meaning of that Ordinance; (iv) any body of persons (whether corporate or unincorporate) which on or at any time after the said day was controlled by a German person;

"German national" does not include any person who acquired German nationality by reason of the inclusion in the German State after the 1st day of March, 1938, of any territory not comprised therein on that day;

"German person" means in relation to any date-

(a) any individual who on that day was a German national resident in Germany or in any territory under the sovereignty of a State which on or at any time of the said day was at war with Her Majesty;

(b) any body of persons (whether corporate or unincorporate) which on that day was a body incorporated or constituted in or under the laws of Germany;

(Cap. 188).