Directory_and_Chronicle_1930 — Page 403

Directories & Chronicles 香港指南 All

THE CHINA (TREATY OF PEACE) ORder in couNCIL, 1919

351

and with payment of any compensation awarded by the Mixed Arbitral Tribunal or by an arbitrator appointed by that Tribunal in pursuance of paragraplı (e) of Article 297 of the Treaty, and with payment of claims growing out of acts committed by the German Government or by German authorities since the 31st July, 1914, and before the 4th August, 1914.

(b) Secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property rights and interests in the territories of Austria-Hungary, Bulgaria, and Turkey in so far as those claims are not otherwise satisfied.

Provided that any particular property rights or interests so charged may at any time, if the Minister thinks fit, be released from the charge so created.

2. In the application and enforcement of the charge created by this Order the claims of or debts owing to British nationals resident or carrying on business in China shall enjoy priority over the claims of or debts owing to other British nationals.

3. With a view to making effective and enforcing such charge as aforesaid :—

(a) No person shall, without the consent of the Custodian, transfer, part with, or otherwise deal in any property, right, or interest subject to the charge, and if he does so he shall be liable, on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both such imprisonment and fine.

(b) Every person owning or having the control or management of any pro- perty right or interest subject to the charge (including where the property right or interest consists of shares, stocks, or other securities issued by a company, municipal authority, or other body, or any right or interest therein, such company, authority, or body) shall, unless particulars thereof have already been furnished to the Custodian in accordance with the Trading with the Enemy Acts, 1914 to 1918, or the Trading with the Enemy Consolidation Regulations, 1918, within one month from the date when this Order comes into operation, by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such particulars in relation thereto as the Custodian may require, and if any person fails to do so he shall, on summary conviction, be liable to a fine not exceeding one hundred pounds.

(c) Where the property charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities were issued or are managed shall, on application being made by the Custodian, enter the Cus- todian in the books in which the securities are inscribed or registered as the proprietor of the securities subject to the charge, and the Custodian shall, subject to the consent of the Minister, have power to sell or otherwise deal with the securities as pro- prietor of which he is so registered or inscribed.

(d) The Minister may by order vest in the Custodian any property rights and interests subject to the charge, or the right to transfer the same, and for that purpose section 4 of the Trading with the Enemy (Amendment) Act, 1916, shall apply as if such property rights and interes's were property belonging to an enemy or enemy subject.

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