TNAG-0777-FCO40-981-Involvement-of-Hong-Kong-in-air-services-agreements-1978 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(a) grant warrant to the applicant to take interim possession of the aircraft pending

further consideration of the application,

(b) on further consideration grant the application for possession subject to such

conditions as it shall consider reasonable in all the circumstances.

(3) Subject to any conditions imposed by the Court a warrant for possession shall empower the applicant to enter at any reasonable time on any land or into any premises where the mortgaged aircraft, or any part thereof, may be, and to remove the aircraft or part, to manage the aircraft and to receive all income accruing from freights or charter fees, to pay insurance premiums and expenses of such managment, to effect repairs and make replacements of parts and to recover all expenses, payments and disbursements incurred by him in relation to the exercise of these powers as sums due under his mortgage with interest thereon at the rate stipulated therein from the re- spective dates of payment or disbursement.

(4) A mortgagee who has obtained a warrant for possession may at any time there- after sell the mortgaged aircraft after giving not less than 30 days notice in writing of his intention to do so to the mortgagor, the owner and every person shown in the Register as holding a mortgage over the aircraft, provided that the said period of notice may be dispensed with or shortened with the consent of all the persons to whom notice is required to be given.

12. The Court of Session shall have jurisdiction to grant an application by a mort- gagee in any mortgage of an aircraft registered in the United Kingdom for a warrant for possession or sale of the aircraft while the aircraft is situated in Scotland as if the mortgage had been an aircraft mortgage created in Scotland.

13. The provisions of section 16 of the Administration of Justice (Scotland) Act 1933(a) (power to regulate procedure, etc., by Act of Sederunt) shall apply to the provisions of this Order as it applies to the provisions of an Act of Parliament.

PART II

AIRCRAFT MORTGAGE

Particulars of Aircraft

Where registered

Nationality and registration marks

Type

We,

(a) Manufacturer's description

(b) Aircraft serial number

(c) Any other relevant details appearing in the United Kingdom nationality register

hereby in security of (specify the nature of the debt or obligation for which the mort- gage is granted and the instrument by which it is constituted) hereby grant a mortgage in favour of the said

over the Aircraft above particularly described of which we are the Owners, [and the store of spare parts for the said Aircraft of which we are the Owners wheresoever they are situated (or otherwise as the case may be)] And we covenant with the said

that we have power to mortgage in the manner aforesaid the said Aircraft [and its store of spare parts] and that the same is [are] free from encumbrances save as appears in the Register of Aircraft Mortgages.

[To be attested]

(a) 1933 c. 41.

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