1957-HKRS29-8-24_Part01 — Page 43

Short title.

Inter pretation.

(R.M.A. Ganette. p. 14). (B.M.A. Gazette.

p. 481.

(Cap. 267).

(b) the property of any British, Allied or Neutral National who is neither in the Colony nor satisfactorily represented there or who, being in the Colony, is unable effectively to administer such properly;

(c) any property the owners of which, whatever their nationality, are unknown or whose present whereabouts are unknow();

(d) any property which he may deem necessary to take into his custody for preserving the same from loss or damage;

AND WHEREAS the Custodian of Property has taken into his custody, supervision or control certain property as aforesaid;

AND WHEREAS all of such property as aforesaid taken into the custody, supervision or contrul of the Custodian of Property in respect of which the rightful owner has been traced has been released to such owner;

AND WHEREAS there now remains in the custody, supervision or control of the Custodian of Property a residue of such property as aforesaid in respect of which no rightful owner has been traced;

AND WHEREAS it is expedient and desirable that all of such residue as aforesaid be vested in the Crown for the purpose of terminating the functions of the Custodian of Property:

NOW, THEREFORE, BE IT ENACTED by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows-

1.

This Ordinance may be cited as the Custodian of Property (Termination of Functions) Ordinance, 1957.

2. In this Ordinance, unless the context otherwise requires→→ "Custodian of Property" means the officer for the time being appointed under Article 3 of the Custodian Proclamation to be Custodian of Property;

"Custodian Proclamation" means the Custodian Proclamation, 1945, as amended by the Custodian (Amendment) Proclama- tion and as amended and perpetuated by the Law Amend- ment (Transitional Provisions) Ordinance;

"land" means Crown land of whatever description (whether held under Crown lease or other title recognized by the Crown), or any part or section thereof, in Hong Kong and the New Territories, and includes buildings erected thereon.

3. (1) On the coming into operation of this Ordinance, and Vesting. notwithstanding the rights of any person, all and every property, estate, and effects and funds and moneys, and all rights pertaining thereto whatsoever, held by or in the custody, supervision or control of the Custodian of Property or by or in the name of any person in trust or otherwise for the Custodian of Property by virtue of or arising out of the provisions of the Custodian Proc- lamation shall be and the same are hereby vested in the Crow absolutely and free from all claims, charges, encumbrances or liabilities whatsoever :

Provided that, in relation to any land, the benefit and the burden of any covenant or agreement entered into between a Crown lessee and any other person or between the Custodian of Property and such other person shall subsist as between the Crown and such other person for all purposes as if such covenant or agreement had been entered into between the Crown and such other person.

(2) For the purposes of this section and notwithstanding anything contained in paragraph (f) of subsection (1) of section

1953

3 of the Landlord and Tenant Ordinance, property to which the (Cap. 255. Landlord and Tenant Ordinance applied at the coming into opera- Reprint) tion of the Law Amendment (Transitional Provisions) Ordinance shall continue to be subject to the provisions of the Landlord and Tenant Ordinance notwithstanding that by virtue of the provi- sions of this Ordinance the same be held directly from the Crown.

4. (1) The Governor in Council may entertain any moral Moral claim which may be submitted to him by petition in writing within claims. five years after the coming into operation of this Ordinance, by any person praying for compensation in respect of any property, estate, effects, funds or moneys, or any right pertaining there- to, which may have become vested in the Crown by virtue of the provisions of this Ordinance, and upon such petition the Governor in Council may order such compensation to be paid or such restitution to be made as may appear to him just.