TNAG-2016-FCO40-2871-Relations-between-Hong-Kong-and-Japan-1990 — Page 157

(II) The following shall be excepted from the right specified in sub-paragraph (1) above:

(i)

(ii)

property of Japanese national persons who during the war resided with the permission of the Government concerned in the territory of one of the Allied Powers, other than territory occupied by Japan, except property subjected to restrictions during the war and not released from such restrictions as of the date of the first coming into force of the present Treaty;

all real property, furniture and fixtures owned by the Government of Japan and used for diplomatic or consular purposes, and all personal furniture and furnishings and other private property not of an investment nature which was norm ly necessary for the carrying out of diplo itic and consular functions, owned by Japanese diplomatic and consular personnel;

(iii) property belonging to religious bodies or

private charitable institutions and used exclusively for religious or charitable purposes;

(iv)

(v)

property, rights and interests which have come within its jurisdiction in consequence of the resumption of trade and financial relations subsequent to September 2, 1945, between the country concerned and Japan, except such as have resulted from transactions contrary to the laws of the Allied Power concerned;

obligations of Japan or Japanese nationals, any right, title or interest in tangible property located in Japan, interests in enterprises organised under the laws of Japan, or any paper evidence theroof: provided that this exception shall only apply to obligations of Japan and its nationals expressed in Japanese currency.

(III) Property referred to in exceptions (i) through (v) above shall be returned subject to reasonable expenses for its preservation and administration. If any such property has been liquidated the proceeds shall be returned instead.

(IV) The right to seize, retain, liquidate or otherwise dispose of property as provided in sub-paragraph (I) above shall be exercised in accordance with the laws of the Allied Power concerned, and the owner shall have only such rights as may be given him by those laws.

(V) The Allied Powers agree to deal with Japanese trademarks and literary and artistic property rights on a basis as favourable to Japan as circumstances ruling in each country will permit..