CO129-592-18 Future policy and draft proclamations- custodians of property 1-8-1945 - 31-8-1945 — Page 30

Appointment of Custodian

Enemy measures abrogated.

Vesting of property in Custodian

2

3.0

3. (1) The Chief Civil Affairs Officer shall appoint an officer to be Custodian of Property in the Colony of Hong Kong and also such Assistant Custodians of Property and other persons as may be deemed to be necessary for carrying out the provisions of this Proclamation.

(2) The officer for the time being holding the office of Custodian of Property under this Proclamation shall also be deemed to be and shall be the Custodian of Enemy Property as constituted by the laws of the Colony; and shall have, in relation to enemy property, all the rights, powers, discretions, authority and functions conferred by law on the Custodian of Enemy Property.

4. (1) All measures taken by the enemy government to block, confiscate or discriminate against the property of British subjects or British protected persons or subjects of States allied to His Majesty in the Colony are abrogated.

(2) Every person in the Colony who, as the result of any such enemy measure, has or has had in his possession or custody or under his control or administration any property of a British subject or British protected person or the subject of any State al lied to His Majesty shall:-

(a) forthwith declare such property by delivering to the

Custodian a list or schedule adequately describing the same, with such full and sufficient particulars as to allow the said property to be identified and with a concise statement as to how the said property came into his possession or custody or under his control or administration and, if the said property is no longer in his possession or custody or under his control or administration, then such person shall furnish all information within his power to enable such property to be traced;

(b) upon demand by the Custodian, deliver to him, or to

such person or persons as he may designate to receive the same, all such property together with all documents of title there to and all books of account, records and other documents relating to the same;

(c) upon demand by the Custodian, render to him a full

account of all dealings with the said property and of any transactions and matters relating thereto and answer, in writing or otherwise and upon oath or otherwise as may be required, all such questions thereon as may be asked by the Custodian.

(3) The Custodian may by notice in writing require any person having or whom he may believe to have in his possession or custody or under his control or administration any such property as aforesaid or whom he may believe to have any information regarding any such property to attend before him to give such information as he may require or to answer upon oath or otherwise any question in connection with such property or any dealing there with or transaction or matter relating there to and to produce any documents of title, books of account, records or other documents relating thereto.

5. All property, rights and powers whatsoever in any manner vested in or conferred upon the holder of the office of Custodian of Enemy Property, whether vested in or conferred upon such holder in his personal name or in the name of the said office, including the legal estate in all property and rights so vested, shall pass. to, vest in and be exerciseable by the holder for the time being of the office of Custodian under this Proclamation, except in so far as any predecessor in the office of Custodian of Enemy Property

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