CO129-606-5 Hong Kong Loan- Financial settlement 2-3-1948 - 4-10-1948 — Page 55

(a) a sum equal to the amount which might reasonably be expected to be payable by a person for the use of the vessel, vehicle or aircraft during the period of the requisition, under a charter or contract of hiring whereby he undertook to bear the cost of insuring, maintaining and running the vessel, vehicle or aircraft, and

(b) if an agreement is made on behalf of the

Governor for the running of the vessel, vehicle or aircraft during the said period by the person who, but for the requisition, would be entitled to possession of the vessel, vehicle or aircraft, or who is the owner thereof, a sum equal to the amount of any expenses reasonably incurred by that person in connexion with the maintenance and running of the vessel, vehicle or aircraft during that period, not being expenses taken into account for the purposes of sub-paragraph (a), and

(c) a sum equal to the cost of making good any damage to

the vessel, vehicle or aircraft not resulting in a total loss thereof, which may have occurred during the said period (except in so far as the damage has been made good during that period by a person acting on behalf of the Governor), no account being taken of fair wear and tear, and

(d) in a case where, during the period of the requisition,

a total loss of the vessel, vehicle or aircraft occurs, a sum equal to the value of the vessel, vehicle or aircraft immediately before the occurrence of the damage which caused the loss, and

(e) a sum equal to the amount of any expenses reasonably

incurred, otherwise than on behalf of the Governor, for the purpose of compliance with any directions · given on behalf of the Governor in connexion with the requisition:

Provided that:

(i) in computing for the purposes of sub-paragraph (a) the amount which might reasonably be expected to be payable for the use of any vessel, vehicle or aircraft, no account shall be taken of any appreciation in the value thereof due to the emergency; and

(ii) no compensation shall by virtue of this paragraph be payable in respect of any loss of, or damage to, any vehicle or aircraft arising in consequence of war operations, unless it is shown that, at the time when the loss or damage occurred, the risk of the vehicle or aircraft being lost or damaged in consequence of war operations was materially increased by reason of the requisition thereof in the exercise of emergency powers; and

(iii) no compensation shall by virtue of sub-paragraph (c) be payable in respect of any damage, if compensation in respect of expenses incurred for the purpose of making good that damage has accrued due by virtue of sub-paragraph (b).

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stay;