CO129-592-18 Future policy and draft proclamations- custodians of property 1-8-1945 - 31-8-1945 — Page 34

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Review by Custodian and by Chief Civil Affairs Officer

Power to declare transactions

void.

Service of notices etc.

Power to administer oaths

Statements made through an interpreter

Certificate of Chief Civil Affairs Officer

16.

- 6.

उम

(1) The Custodian may on his own initiative or on the application of any person aggrieved thereby review his decision on any matter at any time within fourteen clear days after making such decision and on such review may reverse, vary or confirm his previous decision.

(2) If the Custodian on the application of an aggrieved person confirms his previous decision, the person aggrieved may within fourteen clear days after such confirmation apply by petition to the Chief Civil Affairs Officer for a review of such decision and on such review the Chief Civil Affairs Officer may reverse, vary or confirm the decision of the Custodian.

.

17. The Chief Civil Affairs Officer, or any officer authorised by him in that behalf, may by written order direct that any dealing or transaction made since the 24th December, 1941, in respect of any property shall be set aside and be null and void, if in the opinion of the Chief Civil Affairs Officer or such officer authorised by him such dealing or transaction was made in order to assist the enemy, or to deprive any British subject or British protected person or subject of any State allied to His Majesty of his rights or interest in such property, or to enable any person to evade the consequences which might result or which might be feared to result from any assistance to or collaboration with the enemy, or with a view to evading or avoiding the provisions of this Proclamation or any of them or any responsibility, fine or punishment imposed or to be imposed on any person hereunder, or any disability attaching to an enemy State or subject whether under this Proclamation or otherwise: Provided always that any person whose interest is affected by any such order may within fourteen clear days after the making of such order submit to the Chief Civil Affairs Officer an application in writing that the order may be reviewed and thereupon the Chief Civil Affairs Officer may confirm the order, or rescind the same or vary the terms thereof upon such conditions (if any) as he may think fit and the decision of the Chief Civil Affairs Officer on any such review shall be final and conclusive.

18. All notices and other documents for the service of which no special mode is directed may be served by deliver- ing the same to the person to be served therewith or by leaving the same with some person for him at or by sending the same by post to his last known or most usual place of abode or business or, in case such address is unknown, then by leaving the same or a copy thereof on any tenement or premises to which such notice or other document may relate.

19.

The Custodian and any Assistant Custodian may for the purpose of securing testimony or verifying statements or any other purpose under this Proclamation administer oaths.

20. Any statement made by any person to the Custodian or any Assistant Custodian in the course of any investigation under this Proclamation through an interpreter shall be deemed to have been made to the Custodian or Assistant Custodian, as the case may be, and evidence of such statement shall be receivable in any court from the Custodian or Assistant Custodian respectively on its being proved that the interpreter employed had been duly sworn.

21. A certificate of the Chief Civil Affairs Officer, or any officer authorised by him in that behalf, that any area is or was under the sovereignty of or in the occupation of any State, or as to the time at which any area became or ceased to be under such sovereignty or in such occupation, or that any person is or was an enemy subject or as to the time at which any person became or ceased to be an enemy subject, shall, for the purpose of any proceedings under or arising

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