1969-HKRS30-8-59_Part05 — Page 36

Authenticated Laws 確真本香港法例 All

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or enjoyment of such property by any act of confiscation, nationalization, expropriation or other similar official act of dispossession and has suffered loss thereby.

(2) Property shall be deemed to be British property to the extent that it was bencficially owned by a British national.

(3) For purposes of sub-paragraph (c) of paragraph (1) of this Article, the Commission may, if they think fit, assume, without proof of any specific act of deprivation, that a person referred to in that sub-paragraph has been deprived of title to or enjoyment of the property by any act of the kind referred to in that sub-paragraph, if they are satisfied that he has lost the use or enjoyment of the property as a result of any action or course of conduct, on or after the relevant date, of the authorities of the area in which the property was situated.

14. (1) To establish a claim under this Part of the Order in respect of a debt or a balance in a bank, any person making application to the Commission shall be required to establish to the satisfaction of the Commission—

(a) that he is a person qualified under Article 12 of this

Order to make such application;

(b) that his application relates-

(i) to a debt which at any time after 31st August 1939 and before the relevant date was owing to a British national from a person (other than a British national) resident or carrying on business in a Baltic State or ceded territory and which is still unpaid; or (ii) to a balance which was held by a British national immediately before the relevant date in a bank in a Baltic State or ceded territory and which is still out- standing; and

(c) that he is the person to whom the debt or the outstand-

ing bank balance is owing.

(2) For the purposes of paragraph (1) of this Article and of Article 10 of this Order, the Commission may assume. if they think fit, that a debt or balance was irrecoverable on or after the relevant date.

15. To establish a claim under this Part of the Order in respect of a share, any person making application to the Commis- sion shall be required to established to the satisfaction of the Commission-

(a) that he is a person qualified under Article 12 of this

Order to make such application;

(6) that the share was, or would but for any act of the kind referred to in sub-paragraph (d) of this paragraph have been, beneficially owned on 23rd November 1959 by a British national;

(c) that the company to which the share related was incor- porated or constituted in a Baltic State or ceded territory and was carrying on business at any time within three months immediately before the relevant date; and

(d) that he or bis predecessor in title or, if he is a trustee, the person for whom he is trustee or the predecessor in title of such person has suffered loss in respect of the share as a result of any act of confiscation, nationaliza- tion, expropriation or other similar official act of dispos- session applied in a Baltic State or ceded territory on or after the relevant date to the share or to the company or any of its assets.

16. To establish a claim under this Part of the Order in respect of an internal bond, any person making application to the Commission shall be required to establish to the satisfaction of the Commission-

(a) that he is a person qualified under Article 12 of the

Order to make such application;

(8) that he is, or would but for any official act of confisca- tion, cancellation or dispossession effected since the relevant date have been, the owner or beneficial owner of the bond;

(c) that the bond was, or would but for any act of the kind referred to in sub-paragraph (b) of this paragraph have been. beneficially owned on 23rd November 1959 by a British national; and

(d) that the whole or part of the loan or obligation to which

the bond relates has not been repaid or discharged.

17. If any transfer of property to which a claim relates was effected in a Baltic State or ceded territory after 31st August 1939 and before the relevant date, that transfer shall be deemed for the purposes of this Part of the Order to have been null and void if it was effected under fraud or duress or without the consent of the person to whom the property belonged at the date of such transfer.

18. Subject to Article 17 of this Order, for the purposes of this Part of the Order any transfer or transmission of property before the relevant date shall be deemed to have been governed by the law as on 31st August 1939 of the country in which the

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