1956-HKRS30-8-46_Part04 — Page 55

Accounts.

Non- applica- Lion of Part III.

(Cap. 32).

16. (1) Accounts shall be prepared by the Administrator in such form and at such time as the Governor may direct, of the sums received and the sums paid to him in pursuance of the Ordinance and of any regulations or orders made thereunder and the Director of Audit shall examine and identify every such

account,

(2) Copies of every such certified accounts, together with the report of the Director of Audit thereon, shall be laid before the Legislative Council.

PART III.

Making of Claims.

17. This Part of these regulations shall not apply- (a) to any claim in respect of a German enemy debt unless (in addition to the conditions prescribed in subsection (1) of section 2 of the Ordinance) at the relevant time that debt, or the balance thereof then outstanding, was due to the Government of Hong Kong or to a Hong Kong

person;

(b) to any claim in respect of a German enemy debi (other than a claim in respect of any bond described in paragraph (b) of the definition of "German enemy debt" contained in subsection (1) of section 2 of the Ordinance) if at the relevant time that debt, or the balance thereof then outstanding, was due to a Hong Kong company whose activities in Hong Kong on the 3rd day of September, 1939, were confined to complying with the requirements of the Companies Ordinance and to distri- buting profits earned abroad;

(c) to any claim in respect of a balance at a bank expressed

in a unit of German currency ¦

(d) to any claim in respect of a bank note expressed in a unit of German currency or any other note so expressed which has at any time been legal tender in Germany;

(e) to any other claim in respect of a German enemy debt

expressed in a unit of German currency except-

(i) claims in respect of trade debts;

(ii) claims in respect of loans made to the German State or to German persons by the Government of Hong Kong or by persons who at the date of the loan were British persons;

(ii) claims in respect of rent due on the 3rd day of September, 1939;

(iv) claims in respect of dividends on shares or stock declared before the 3rd day of September, 1939; and

(v) claims in respect of the use of inventions, designs, trade marks or industrial processes, or specifications, drawings or documents relating thereto or in respect of the exercise of copyright (as defined in the Copyright Act, 1911) in literary, dramatic, musical or artistic works; to any claim by an insurer or an insurance broker in respect of a contract of insurance or re-insurance with the German State or with a German person;

(g) to any claim in respect of any bond of the Austrian Government International Guaranteed Loan 1933-1953 or the Austrian Government Guaranteed Conversion Loan

1934-1959:

(b) to any claim in respect of a sum which fell due on or before the 3rd day of September, 1933, not being a claim arising out of credits, advances or other indebted- ness which fell under the German Credit Agreements of 1931, 1932 or 1933 (Standstill Agreements);

(0) to any claim by the trustees of any loan in respect of

sinking fund or amortization payments;

to any claim arising out of a bond except by the owner of the bond.

1 & 2 Goo. B. c. 46).

18. (1) Claims for payment under these regulations may be Making of made only by the person to whom the German enemy debt giving claims. rise to the claim, or the balance thereof then outstanding, was due at the relevant time or by an insurer who at the relevant time was entitled by subrogation to enforce payment thereof :

Provided that in the event of the death, bankruptcy, winding up, mental incapacity, or absence from Hong Kong of any such person or insurer as aforesaid the claim may be made by any person authorized by him in that behalf or by any person entitled to deal with his property.