Ordinance
No. 3 of 1001.
Right to payment or
the war.
Provided also that except in cases where a claim for payment or compensation can be brought under section 4 of this Ordinance, nothing in this section shall prevent-
(a) the institution or prosecution of proceedings in respect of any rights under, or alleged breaches of, contract, if the proceedings are instituted within one year from the termina- tion of the war or the date when the cause of action arose, whichever may be the later;
(b) the institution or prosecution of civil proceed- ings founded on negligence in respect of danage to person or property olsewhere than in a foreign country;
(c) the institution or prosecution of civil proceed- ings in respect of damage to person or property in any foreign country, or of the requisitioning of property in any foreign country, if the consent of the Attorney- General to the institution or prosecution of the proceedings is obtained, but such consent shall not be given if the person seeking to institute or prosecute the proceed- ing would have had no remedy if the act complained of had been done in the Colony,
or
if other provision has been made by treaty
or convention for the settlement of claims of the class in question ;
(d) the institution or prosecution of proceedings respecting the validity or infringement of a patent.
(2.) For the purposes of this section, an action against the Government which can be brought under the provisions of chapter XVIII of the Code of Civil Procedure shall be deemed to be a legal proceeding, and the proceeding shall be deemed to be instituted at the date on which the statement of claim is filed.
(3.) For the purposes of this section, a certificate by the Colonial Secretary that any act, matter, or thing was done under the authority of a person so holding office or
∞ employed as aforesaid, or was done in the execution
of a duty, A or that any sum of money was acquired A or for the defence
by the Government of the Colony of Hongkong in of the realm, or for consequence of any such act, matter, or thing, shall the public safety, or be suficient evidence of such authority or duty A and of for the defence of the such act, matter, or thing having been done thereunder, Colony, or for the en or in execution thereof, or that such sum of money forcement of discip was acquired by the said Government in consequence line, or otherwise in
of such act, matter, or thing, and any such act, mutter, the public interest,
or thing [done by or under the authority of a person so A or object, holding office or so employed as aforesaid] shall be
deemed to have been done in good faith unless the A or with such object,
[ contrary is proved,
(4.) Nothing in this section shall prejudice or prevent the institution or prosecution of proceedings for giving effect to a final judgment given before the passing of this Ordinance by any court of final ressort or by any other court where the judgment at the passing of this Ordinance is not then the subject of a pending appeal.
4. Notwithstanding anything in the foregoing section restricting the right of taking or prosecuting legal pro- compensation weedings, any person not being the subject of a state in respect of
which has been at war with His Majesty during the slups requisi- Gloned or con- war and not having been a subject of such a state Trolled during whilst that state was so at war with His Majesty, and being the owner of a ship which, or any cargo space or passenger accommodation in which, has in fact Gro. 5, th, been either requisitioned or controlled during the war by or for the Government of the Colony of Hongkong, whether on behalf of His Majesty's Govern meat or not, shall be entitled to payment in respect of such requisition or control, and to compensation for loss
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or damage to such ship which was directly due to war risk, in accordance with the following provisions of this section, but not further or otherwise :-
(1) Payment in respect of such requisition or control shall be made in accordance with the rates and conditions contained in the Blue Book Reports, together with any addi tional payment which shall have been expressly promised in writing, or credited to the owner, by or on behalf of the Govern- mont of the Colony of Hongkong.
(2.) Compensation shall also be paid in respect of any ship so requisitioned or controlled for
any loss or damage directly due to war risk during the period of requisition or control, and such compensation shall be calculated on the ascertained value of the ship, if she shall have been totally lost, at the time of such loss, or if she shall have been injured, on the ascertained value of such injury, and shall be assessed without taking into account any increase of market values of tonnage due to the war.
(3.) Any such payment or compensation shall be assessed by the tribunal hereinafter men- tioned.
6.1.) The tribunal for assessing any payment or Tribunal for compensation claimed under this Ordinance shall be assessing appointed by the Governor by notification in the Gazette, payment or and shall consist of three members and shall be con- compensation. situated in the manner following:-
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(a.) The president of the tribunal shall be such e. 18, s. 2.
judge as the judges may mutually arrange:
(b) of the two other members of the tribunal, one shall be nominated by the Governor, and the other by the claimant, provided that if such claimant fails to nominate a member,
it shall be lawful for the Governor to appoint a second member on his behalf.
(2.) Nothing in this Ordinance shall confer on any person a right to payment or compensation unless notice of the claim shall have been given to the Registrar of the Supreme Court within one year from the termination of the war, or the date when the transaction giving rise
to the claim took place, whichever may be the later.
(3.) It shall be lawful for the Chief Justice to make rules of procedure for the tribunals to be constituted under this section, whether any such tribunal shall have been constituted or not. provided always that, in the absence of any such rules, the procedure to be followed before any such tribunal shall be decided by the president of that tribunal.
(4) Any tribunal when constituted under this section shall have all such powers as are vested in the Supreme Court or in a judge on the occasion of any action in respect of the following matters:→
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise as it may think fit;
(6) compelling the production of any documents;
and
(c) punishing persons guilty of contempt.
(5.) The decision of a majority of the members of any tribunal constituted under this section shall be final, provided that the president of the tribunal in
nay any case, at his discretion, reserve a point of law for the decision of the Full Court, and the decision of the Full Court on such point of lay shall be final.
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