CO537-4835 — Page 106

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Notice and

THE HONG KONG GOVERNMENT GAZETTE.

"war damage" includes-

(i) damage occurring (whether accidentally or not) as the result of action taken by the enemy, or action taken in combating the enemy or in repelling an anticipated attack by the enemy, or, during the enemy occupation of the Colony, as a result of action taken by Allied Forces or action taken in combating Allied Forces or in repelling an anticipated attack by Allied Forces;

(ii) damage occurring (whether accidentally or not) as the direct result of measures to avoid the spreading of, or otherwise to mitigate, the consequences of such damage as aforesaid;

(iii) accidental damage occurring as the direct result of any precautionary or preparatory measures taken with a view to preventing or hindering the carrying out of any attack by the enemy on the Colony or during the enemy occupation of the Colony by Allied Forces on the Colony or in either case in anticipation of attack or action in furtherance of such attack;

and shall include damage or destruction to buildings or damage or the deposit of refuse or rubble on land arising as a consequence of bombing, shelling, fire, looting, neglect or otherwise after and as a natural result of the proclamation of war with Japan dated the 8th December, 1941;

"war damaged site" means any land in the Colony of Hong Kong (including the New Territories) which in the opinion of the Director requires to be cleared as a consequence wholly or partly of war damage thereto or war damage in the neighbourhood thereof.

3. (1) The Director may, by notice in writing in accordance entry on sites. with Form No. 1 in the Schedule, declare any land to be a war damaged site and require the owner to state in writing within a period of three weeks in accordance with Form No. 2 in the Schedule what his intentions are with regard to clearance thereof.

(2) In the following events:-

(a) if the owner cannot be found, or ascertained, or is absent from the Colony and his agent cannot be found or ascertained, or is dead and no representation has been granted to his estate or his personal representatives cannot be found;

(b) if Form No. 2 or the information required in that form is not received by the Director within three weeks of service of Form No. 1;

the Director may publish notification in the Gazette in accordance with Form No. 3 in the Schedule.

(3) If in accordance with Form No. 2, or by a com- munication in reply to a notification in the Gazette, or at any other time, an owner requests an extension of time in which to effect clearance of a war damaged site, the Director may in his discretion grant an extension for such period as appears to him to be reason- able and will notify the owner in writing whether such extension is granted or not.

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