1956-HKRS30-8-46_Part04 — Page 52

Citation and

Coinmence-

ment.

Interpre- tation.

(Cap. 188)

(28 of 1014).

DISTRIBUTION OF GERMAN ENEMY PROPERTY ORDINANCE, 1956.

Distribution of German ENEMY PROPERTY REGULATIONS, 1956.

In exercise of the powers conferred by section of the Distribution of German Enemy Property Ordinance, 1956, the Governor in Council has made the following regulations-

PART 1,

Preliminary.

1. These regulations may be cited as the Distribution of German Enemy Property Regulations, 1956, and shall come into operation on the 1st day of August, 1956.

2. In these regulations, unless the context otherwise requires, words and phrases have the meanings assigned to them In the Distribution of German Enemy Property Ordinance, 1956, and-

"'court" means the Supreme Court;

"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 5 of the Allen Enemies (Winding up) Ordinance,

19141

"the Ordinance" incans the Distribution of German Enemy

Property Ordinance, 1956;

"claimant" in relation to any German enemy debt means the person who, under paragraph (1) of regulation 18, makes a claim in respect of that debt;

"trade debi" means any sum due in respect of- (a) goods supplied in the course of trade;

(b) services incidental to goods so supplied; or (c) shipping freight, rebates or fares.

PART II.

Collection and Realization of German Enemy Property.

property.

3. (1) A Custodian shall, on being so required by the Transfer Administrator, transfer to the Administrator, or as the Adminis and sale of trator may direct, any German enemy property which, or the right to transfer which, is vested in, or otherwise in possession or under the control of, the Custodian.

(2) The Administrator shall have power to sell any property so transferred at such price and on such terms as he may think

fit.

4.

(1) The Governor may by order vest in the Administra- Vesting of

property. for any German enemy property, or the right to transfer any German enemy property. Any order so made by the Governor is hereinafter referred to as a "vesting_order"',

(2) The Administrator shall have such rights, powers, duties and liabilities with regard to the property or the right to transfer the property vested in him by a vesting order as are prescribed by the order.

(3) A vesting order as respects property of any description shall be of like purport and effect as a vesting order as respects property of the same description made by the court under the Trustee Ordinance, and shall be sufficient to vest in the Adminis (Cap. 20). trator any property, or the right to transfer any property, as pro- vided by the vesting order without the necessity for any further conveyance, assurance or document,

(4) A vesting order may be varied or revoked by the Governor.

5.

istrator,

Where any requirement or direction with respect to any Certificate property is addressed to any person by the Administrator and of Admin- accompanied by a certificate of the Administrator that the pro- perty is German enemy property which is required to be trans- ferred to the Administrator, or in respect of which a vesting order has been made, the certificate shall be evidence of the facts stated therein, and if that person complies with the requirement or direc- tion he shall not be liable to any action or other legal proceeding by reason only of such compliance.