1969-HKRS30-8-59_Part05 — Page 33

PART L.

COMMENCEMENT, CITATION AND INTERPRETATION.

1. This Order shall come into operation on 16th June 1969, and may be cited as the Foreign Compensation (Union of Soviet Socialist Republics) Order 1969.

2 (1) The Interpretation Act 1889(a) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament, and as if this Order were an Act of Parliament.

(2) In this Order:

"Baltic State" means Estonia, Latvia or Lithuania (including

Memel and the city and territory of Vilna);

"British national" means-

(a) any individual who was at the material time, or who as regards any material time prior to 1st January 1949 would have been bad the British Nationality Act 1948(b) and the British Protectorates, Protected States and Pro- tected Persons Order in Council 1949(c) been in force al that lime, a citizen of the United Kingdom and Colonies, a British subject by virtue of section 2, 13 or 16 of that Act or the British Nationality Act 1965(d), or a British protected person within the meaning of the said Act of 1948; provided that, as regards any material time prior to 16th May 1948, the expression "British protected person" shall be deemed to include a person who was at that time a Palestinian citizen under the Palestinian Citizenship Orders 1925 to 1942(e);

(6) any individual who as regards any material time after 31st December 1949 was a citizen of Southern Rhodesia or a citizen of Rhodesia and Nyasaland;

(c) any individual who as regards any material time after 31st October 1957 and prior to 17th September 1963 was a citizen of Singapore:

(d) any corporation, firm or association incorporated or constituted under the laws in force in the United King- dom or in any territory for whose international relations Her Majesty's Government in the United Kingdom were, at the material time, responsible.

(n) 1889 c. 63.

(b) 1948 c. 56,

(e) 5.1. 1949/140 (1949 1. p. 522).

(d) 1965 c. 34.

(e) S.R. & 0. 1925/777; 1931/ 671: 1939/863; 1941/1121; 1942/1177; (1925 p. 474; 1931

p. 467: 1939 II. p. 1658; 1941 I. p. 356; 1942 1. p 216).

3

"Ceded territory" means territory ceded to the Union of Soviet

Socialist Republics-

(a) by Czechoslovakia under an Agreement of 29th June

1945;

(b) by Finland under the Treaty of Peace between the Union of Soviet Socialist Republics and the Republic of Finland of 12th March 1940;

(c) by Finland under an Agreement of 19th September 1944, which cession was confirmed by the Treaty of Peace with Finland of 10th February 1947:

(d) by Finland under an Agreement of 3rd February 1947: (e) by Poland under an Agreement of 16th August 1945; () by Poland under an Agreement of 15th February 1951:

or

(g) by Rumania under an Agreement of 28th June 1940, which cession was confirmed by the Treaty of Peace with Rumania of 10th February 1947.

"Company"" includes a body corporate.

"Debt" means a sum due or owing, or a claim for unliquidated damages, or a sum deposited in a bank in a Baltic State or ceded territory but not transferred, in respect of-

(a) a contract for the sale of goods or a bill of exchange given for the discharge of obligations under any such contract,

(b) the servicing, preservation, transport, insuring or adver- tising of goods in the course of trade, whether or not the goods are the subject of any such contract as afore- said.

(c) an agency contract, other than one relating to a contract

of insurance or to a treaty or contract of reinsurance.

(d) a contract for the payment of royalties or for the manu-

facture of goods under licence,

(e) professional charges or disbursements,

(f) a contract of insurance (including life and endowment assurance but not including a treaty or contract of reinsurance) concluded with an insurance company in- corporated or constituted in a Baltic State or ceded territory.

(g) shipping or transport services, or

(A) an advance, loan, acceptance credit, or other facility

originally granted in the course of business.