1956-HKRS29-8-23_Part02 — Page 22

(Cap. 188).

(28 of 1914).

Making

and with- holding of payment.

(28 of 1914).

(Cap. 188).

"'custodian" means a person appointed by the Governor under section 17 of the Trading with the Enemy Ordinance to be Custodian of Enemy Property; **liquidator" means a person appointed by the Governor under section 3 of the Alien Enemies (Winding up) Ordinance,

1914.

3.

(1) Where at any time after the 3rd day of September, 1939, a payment-

(a) was made to a custodian or to a liquidator or was with- held from any person (whether by way of refusal or of omission to make the payment), by or on behalf of any person in good faith and in purported compliance with a restriction or obligation imposed by or under the Alien Enemies (Winding up) Ordinance, 1914, or the Trading with the Enemy Ordinance, or any regulations made thereunder or in pursuance of a direction made by custodian or by a liquidator acting in good faith and in purported compliance with the provisions of any of the said enactments; or

(b) was made by a custodian or by a liquidator acting in good faith and purporting to act under the provisions of any of the said enactments to or for the benefit of any person who, but for the provisions of any of the said enactments, would have been entitled thereto,

then the making or withholding of the payment shall be deemed to have been authorized by the said enactments notwithstanding that apart from this section it was not so authorized and the making of any such payment shall be deemed to have operated, so far as the amount thereof extended, as a release of the person by or on whose behalf it was made.

(2) Nothing in the provisions of this section shall be con- strued to prevent a custodian or a liquidator or the Administrator-

(a) from repaying the amount or any part of the amount of any payment made to him to or for the benefit of any person to or for whose benefit the amount or part thereof could lawfully have been paid apart from this section; or (b) from exercising any right of recovery in respect of a payment made by him, being a right exercisable apart from this section.

wrongly

property.

(28 of

(0) Where any property was dealt with in any way Property other than by the making or withholding of a payment as provided dealt with in section 3 and, whether by reason that property was not enemy an enemy property as defined either in the Alien Enemies (Winding up) Ordinance, 1914, or the Trading with the Enemy Ordinance at 19141. that time or for any other reason, the person who so dealt with (Cam 188). the property was not empowered, as against all persons interested in the property, to deal with it in any way, then, if the property was so dealt with in good faith and in purported compliance with the Alien Enemies (Winding up) Ordinance, 1914, or with the Trading with the Enemy Ordinance or with any regulations made thereunder or with any restriction or obligation imposed under any of the said enactments, the person who so dealt with it shall be deemed, as against all persons interested therein, to have been empowered by the said enactments to deal with it in any way subject to the provisions of subsections (2) and (3).

(2) If the dealing in question purported to be a transfer of the property on a sale thereof, the property shall be deemed to have vested in the transferee in accordance with the terms of the purported transfer, subject however to any incumbrances to which it would have been subject in his hands if it had then been lawfully transferred to him in those terms on a sale by the person Entitled to the property,

(3) If the dealing purported to be a transfer of the property by a custodian or by a liquidator or by the Administrator to or for the benefit of a person who but for the operation of any of the said enactments would have been entitled thereto the property shall be deemed to have vested in the transferee as mentioned in subsection (2) provided that nothing in this subsection shall affect any right of recovery from the transferee or from a personal representative of the transferee of property remaining vested in him, or of recovery from the transferee or his personal represen- tatives of damages in respect of any dealing with the property, being a right which would be exercisable apart from this section; and if immediately before the dealing there subsisted in respect of the property a trust of which the person to or for whose benefit the transfer purported to be made was a trustee, nothing in sub- section (1) or in this subsection shall be construed as affecting that trust or any right of interest thereunder.