TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 186

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Legal proceedings generally C.A. Act Acts 1961 No. 55

Succession to property

Rights, liabilities and obligations.

Republic of Tanganyika (Consequential Provisions)

enforced before the commencement of the Republican Constitution, may be executed and enforced after such commencement by the High Court established by the Republican Constitution and, in so far as they have jurisdiction, by courts subordinate thereto.

(3) Any reference in existing law or in any public document to Her Majesty's High Court of Tanganyika shall be read and construed in respect of any time, or any period commencing, on or after the ninth day of December, 1962, as if it were a reference to the High Court established by the Republican Constitution.

11. Subject to the provisions of the Appellate Jurisdiction Act, 1962, any proceedings pending in any court (including a court to which an appeal lies under the existing Constitution or the Appellate Jurisdiction Ordinance, 1961) immediately before the commencement of the Republican Constitution in which Her Majesty the Queen, or any servant of Her Majesty the Queen, is a party in respect of Tanganyika, or the Government of Tanganyika is a party, shall continue after such

commencement-

(a) in the case of criminal proceedings, with the Republic substituted

as a party;

(b) in the case of civil proceedings, with the Attorney-General substi-

tuted as a party.

Property and Contracts

12.—(1) All property, both moveable and immoveable, and assets which, immediately before the commencement of the Republican Con- stitution, are vested in Her Majesty the Queen or the Governor-General for the purposes, or in right, of the government of Tanganyika, or in the Government of Tanganyika, shall, on the commencement of the Republican Constitution, vest in the Republic.

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(2) Any property which is, immediately before the commencement of the Republican Constitution, liable to escheat or be forfeited to Her Majesty the Queen in right of the government of Tanganyika shall on such commencement be liable to escheat or be forfeited to the Republic.

(3) Where, immediately before the commencement of the Republican Constitution, any person holds any property or assets in trust for Her Majesty the Queen, or for the Governor-General, for the purposes, or in right, of the government of Tanganyika, or for the Government of Tanganyika, that person shall from the commencement of the Republican Constitution hold such property or assets on the like trust for the Republic.

(4) In this section, references to property and assets vested in or held in trust for the Governor-General include property and assets vested in and held in trust for the Governor and Commander-in-Chief of the former Trust Territory of Tanganyika immediately before the ninth day of December, 1961, for an interest which extended beyond the eighth day of December, 1962, and has not prior to that date been surrendered.

13. (1) All rights, liabilities and obligations of-

(a) Her Majesty the Queen, or the Governor-General, in respect, or

in right, of the government of Tanganyika; and

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