1956-HKRS28-8-23_Part02 — Page 23

(28 of 1914).

Burden of proof of good faith.

(28 of 1914).

(4) If at the time of the dealing the property was not enemy property as defined by the Alien Enemies (Winding up) Ordinance, 1914, or the Trading with the Enemy Ordinance. nothing in this section shall be construed to prevent a person from recovering the property or any proceeds thereof from a custodian or from the Administrator who for the time being has the property or proceeds in his possession or under his control,

5. For the purpose of this Ordinance anything done by a custodian or by a liquidator or by any person in purported com- pliance with the provisions of the Alien Enemies (Winding up) Ordinance, 1914, or the Trading with the Enemy Ordinance or (Cap. 188), any regulations made thereunder or in pursuance of a restriction or obligation imposed by or under any of the said enactments or in pursuance of a direction or request of a custodian or a liquidator, shall be deemed to have been done in good faith unless the contrary is proved.

Incame from himneys

custodian.

6. (1) Subject to the provisions of this section, ELY income received by the custodian from the investment of moneys coming invested by into his hands in his capacity as custodian, being income received by way of discount on the purchase by him of Treasury Bills or by way of interest on other loans made by him to the Government of Hong Kong or on moneys placed by him in his name on deposit or current account at a bank, shall belong to the Crown and be paid into the general revenue of the Colony.

(2) Where a custodian, whether after or before the passing of this Ordinance, pays or has paid to any person a capital sum on the footing that-

(a) it represents or represented money which was paid to the custodian as being money due to an enemy, but which was not in fact money due to an enemy, or

(b) it represents or represented the proceeds of property which was transferred to the custodian as being enemy property, but which was not in fact enemy property,

the person to whom the capital sum is or was paid shall be entitled to receive from the custodian interest thereon at the rate of three- quarters of one per cent. per annum from the date on which the custodian received the money referred to in paragraph (a) of this subsection or the proceeds referred to in paragraph (b) thereof, as the case may be, to the date of payment of the capital sum;

Provided that-

(i) where the payment of the capital sum was made before the coming into force of this Ordinance, the right to interest thereon under this subsection shall not arise unless a claim for it in writing is made to the custodian within one year from the date of coming into force of this Ordinance and there is produced to the custodian such evidence in sup- port of the claim as the custodian may reasonably require; and

(ii) where in such a case the person to whom the capital sum was paid has since died, or any other event has occurred whereby the right to the interest, if vested in him im- mediately before that event, would thereupon bave vested in some other person, the right to claim the interest shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that event, as the case may be, and, if the right is duly exercised, the interest shall be paid to the persons claiming under him accordingly.

(3) For the purpose of making payments of interest under subsection (2) a custodian who at the coming into force of this Ordinance has in his hands, or thereafter receives, any income such as is mentioned in subsection (1) of this section shall set aside out of that income such sums as the Governor may from time to time direct; and out of any sums so set aside the custodian shall pay any interest becoming payable by him under subsection (2) and shall pay the balance thereof (if any) into the general revenue of the Colony.

(4) In this section the expression "money due to an enemy'' means money which would, but for the existence of a state of war, have been payable to or for the benefit of a person who was an enemy within the meaning of the Alien Enemies (Winding up) (28 of Ordinance, 1914, or the Trading with the Enemy Ordinance.

Passed the Legislative Council of Hong Kong, this 20th day of June, 1956.

Deputy Clerk of Councils,

(Secretariat 97/812/46)

1914).

(Cap. 188)