1956-HKRS29-8-23_Part02 — Page 18

"Germany" means territory comprised in the German State on the

1st day of March, 1938;

"Hong Kong company" means a body incorporated in, or under

the laws of, Hong Kong;

"Hong Kong person" means in relation to any date--

(a) any British subject or British protected persons resident

or carrying on business on that day in Hong Kong; (b) any body of persons (whether corporate or unincorporate} which on that day was a body incorporated or constituted under the laws in force in Hong Kong.

(2) For the purposes of this Ordinance, a person who at any time was resident in Germany shall be deemed to have been a German national at that time unless it is proved to the satisfaction of the Administrator, within such time and in such manner as may be prescribed by regulations made by the Governor in Council under section 4 of this Ordinance, that he was not a German national at that time.

(3) For the purposes of this Ordinance, property which, or the right to transfer which, is vested in the Custodian of Enemy Property appointed under section 17 of the Trading with the (Cap. 188). Enemy Ordinance and property which, by virtue of any order made under that section, cannot be dealt with without the consent of the Governor shall be deemed to be subject to control under that section.

Appoint- ment of Adminis

(rater.

3. (1) The Governor may appoint an Administrator of German Enemy Property and the occupant of the office for the time being shall be a corporation sole and by that name shall have perpetual succession with capacity to acquire and hold in that name lands, Government securities, shares in any public company, debentures, stocks, funds, securities for money and real and personal property of any description, to sue and be sued, to grant, sell, convey, assign, surrender, exchange, partition, yield up, demise, reconvey, re-assign, transfer or otherwise dealt with and dispose of any property of any nature whatsoever, to execute deeds, using an official seal, to enter into engagements binding on himself and his successors in office and to do all other acts necessary or expedient to be done in the execution of the duties of his office.

(2) Notification of the appointment of an Administrator shall be published in the Gazette.

and distri-

4. (1) The Governor in Council may by regulations pre- Collection. scribe or provide for the collection and realization of German realization enemy property and for the distribution of the proceeds thereof, bution of to such extent as may be prescribed by the regulations, to persons enemy

German who establish claims in respect of German enemy debis.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the follow- ing matters-

(a) the conferring and imposing on the Administrator of such powers and duties as may be necessary for the fulfilment of the provisions of this Ordinance;

(b) the transfer and vesting of German enemy property to and in the Administrator, and the discharge of any person specified in the regulations from lability in respect of things done or omitted to be done in relation to property transferred from him to the Administrator;

(c) the manner and time in which claims in respect of German enemy debts are to be put forward, and the furnishing and verification of information in connexion with any such claims, including the production of books and documents;

(d) the determination, as regards any such claim, of the question whether the claim is established for the purposes of the regulations and of the amount of the claim;

(e) the distribution from time to time of the proceeds of the realization of German enemy property to persons whose claims in respect of German enemy debts have been established for the purpose of the regulations;

(A) the charging of fees to persons making claims in respect of German enemy debts, and the recovery of those fees by deduction from the amounts to be distributed as afore- said or otherwise;

(g) the disposal of the surplus of any German enemy pro- perty or the proceeds of sale or income thereof which remains in the hands of the Administrator or under his control after payment or satisfaction of all payments,

property.