TNAG-1624-FCO40-2238-Relations-between-Hong-Kong-and-China-1987 — Page 90

(c)

(2)

that he or his predecessor in title (or, if he is a trustee, the person for whom he is a trustee or the predecessor in title of such person) was deprived on a relevant date of ownership or enjoyment of such property by any act of confiscation, nationalisation, expropriation, destruction, or dispossession whether direct or indirect or through the application of measures effectively causing dispossession.

Property shall be deemed to be British property for the purposes of this Article to the extent that it was beneficially owned by a British national.

Debts and Bank Balances

18. To establish a claim under this Part of this Order in respect of a debt or a balance in a bank, any person making application to the Commission shall be required to establish to the satisfaction of

the Commission:-

(a) that he is a person qualified under Article 16 of this

Order to make such application;

(b)

that his application relates, either

(i)

to a debt which at the relevant date was owing

(ii)

to a British national from a public authority

or other person resident in China and which is still

unpaid; or

to a balance which was held by a British national on the relevant date in a bank in China [or in a branch of a Chinese bank outside China] and which is still

outstanding; and

(c) that he or his predecessor in title (or, if he is a

trustee, the person for whom he is a trustee or the predecessor in title of such person) is the person to

Page 90Page 91