1956-HKRS29-8-23_Part02 — Page 19

Authenticated Laws 確真本香港法例 All

(18 13 & 14 Geo. VI, c. 851.

Power of Governor

to direct

property.

requirements or stipulations required or provided for under this Ordinance or any regulations made thereunder for the purposes of the Distribution of German Enemy Property Act, 1949:

(A) the disposal of sums in the Administrator's hands which, by reason of a failure to discover the whereabouts of persons to whom the sums ought to be distributed, or for any other reason, it is not practicable to distribute. (3) Without prejudice to the generality of the preceding provisions of this section, regulations made under this section may-

(a) exclude from the application of the regulations such classes of claims as may be prescribed by the regulations; (b) differentiate between different classes of claims,

respects the priority in which payments are to be made and the extent of the payments;

as

(c) make provision for enabling proceeds of German enemy property which belonged to or was held or managed on behalf of, a particular person or body of persons to be distributed to persons establishing claims in respect of debts due from that person or body.

5. (1) Notwithstanding the provisions of section 4 the Governor may direct the Administrator to transfer to or for the transfer of benefit of any person specified in the direction any German enemy property, to which that person would have been entitled but for the operation of the Alien Enemies (Winding up) Ordinance, 1914, or of the Trading with the Enemy Ordinance or any order made (Cap. 188) thereunder, and the Administrator shall comply with such direc-

tion.

(22 of 1914).

(2) Where any German enemy property, on or at any time after the 3rd day of September, 1939, belonging to, or was held or managed on behalf of, a German company, and it appears to the Governor that the company was on that day controlled, directly or indirectly, by a Hong Kong company, the Governor may treat that property for the purposes of subsection (1), to such extent as he shall think fit having regard to the extent of the interest of the Hong Kong company in the German company, as property to which the Hong Kong company would have been (Cap. 188) entitled but for the operation of the Trading with the Enemy

Ordinance or any order made thereunder.

6.

ments

Where arrangements have been made by or on behalf Arrange- of the Government of Hong Kong with the Government of any for the country outside Hong Kong or any person acting on their behalf resolution for the resolution of conflicting claims to German enemy property ing claima of conflict- and corresponding property under the control of the Government to German of that country-

(a) the Governor may, for the purpose of giving effect to those arrangements, direct the Administrator to transfer to such person as may be specified in the direction such German enemy property or proceeds thereof as may be so specified, and the Administrator shall comply with any such direction; and

(b) any property transferred in pursuance of those arrange- ments to any person acting on behalf of the Government of Hong Kong shall be transferred to the Administrator and shall be dealt with in like manner as German enemy property.

property.

EXPLILEES.

7. All fees recovered under this Ordinance and any sums Receipts paid by the Administrator to any person acting on behalf of the and Government of Hong Kong shall be paid into the general revenue of the Colony and all expenses of the Administrator shall be defrayed out of the general revenue of the Colony.

8. (1) Any person who-

(z) is prohibited by or under regulations made under section 4 from dealing with any German property otherwise than with the consent of the Administrator; or

(b) is required by or under such regulations to transfer German cocmy properly to the Administrator or other- wise to deal with that properly in accordance with the directions of the Administrator,

contravenes or fails to comply with the prohibition or require ments, shall be guilty of an offence.

(2) Any person who-

(a) without reasonable excuse, fails to comply with any requirement made by or under any such regulations to furnish information or to produce books or documents; or

Offences.

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