CO129-592-18 Future policy and draft proclamations- custodians of property 1-8-1945 - 31-8-1945 — Page 14

I

BRITISH MILITARY ADMINISTRATION, HONG KONG.

Proclamation No.

·

194

Enemy Property

DO HEREBY PROCLAIM AS FOLLOWS:-

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Article 1.

Notification of the Trading with the Enemy Ordinance 1914.

The trading with the Enemy Ordinance (hereinafter called the "Ordinance") shall be applied with the following modifications:

(a) The officer for the time being discharging the

functions of Custodian under the Custodian Proclamation is here by appointed Custodian

(b)

(c)

of Enemy Property within the meaning of sec. 15 (1) of the Ordinance and is hereinafter called "the Custodian of Enemy Property.

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sec. 15 (2) of the Ordinance shall be deemed to be amended by the deletion of the full stop at the end thereof and the addition of the words "and except that no property, right or power shall so vest if it has lawfully become vested in a person other than (a) a person to whom an enemy state

or administration has granted power to administer or control such property, right or powers or (b) an enemy or enemy agent.

The powers conferred by the Ordinance on the Supreme Court, the Chief Justice or the Governor shall be exercisable by the Chief Civil Affairs Officer.

Article 2.

Rights of the Forces at International Law.

Notwithstanding anything contained in the Ordinance the Custodian of Enemy Property may in relation to enemy state property exercise on behalf of the Forces of His Britannic Majesty all rights and powers which they have by International Law or permit such Forces to exercise such powers directly.

Article 3..

Interim Custody. Notwithstanding anything contained in the Ordinance the Custodian of Enemy Property may, for its interim preservation and pending application of the Ordinance take into custody any property subject thereto and deal with it as if it were subject to the Custodian Proclamation.

/Article 4.