THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 7, 1941.
(a) has been deposited in the central office of the Supreme Court under section two hundred and nineteen of the Supreme Court of Judicature (Consolidation) Act, 1925; 15 & 16
or
(b) has been registered in Scotland in the books of council and session; or
Geo. 5, c. 49.
(c) has been deposited in the proper office of the Supreme Court under section forty-eight of the Conveyancing Act, 44 & 45 Vict. 1881, as it applies to Northern Ireland.
(2) Rules of court may provide that no instrument to which this section applies shall be deposited or registered as aforesaid unless it is presented by a solicitor and there is produced at the time of its presentation-
(a) an affidavit sworn by that solicitor proving that he caused the instrument to be engrossed and sent to the donor for execution and that he believes that the signature of the person executing the instrument as the donor is the signature of that person; and
(b) an affidavit verifying the execution of the instrument, sworn by the attesting witness or one of the attesting witnesses:
c. 41.
Provided that no rule made by virtue of this sub-section as respects the Supreme Court shall apply to an instrument creating a power of attorney under section one of the Execution of Trusts (Emergency Provisions) Act, 1939, or 2 & 3 Geo. 6, any corresponding enactment of the Parliament of Northern c. 114. Ireland.
(3) A statement in writing by the donor of a power of attorney (whether or not contained in the instrument creating the power) that the instrument creating the power is not an instrument to which this section applies shall, in favour of a person dealing wih the donee of the power, be conclusive evidence of that fact.
(4) For the purpose of the following enactments (which impose penalties for making false statements in a statutory declaration), namely---
(a) section five of the Perjury Act, 1911;
1 & 2 Geo. 5, c. 6.
(b) section two of the False Oaths (Scotland) Act, 1933; 23 & 24
Geo, 5, c. 20. 5 & 6
(c) section twenty-one of the Statutory Declarations will. 4, Act, 1835;
any such statement as is mentioned in the last foregoing subsection shall be deemed to be a statutory declaration.
(5) This section applies to instruments executed after the commencement of this Act during the war period either-
(a) outside the United Kingdom by a member of His Majesty's naval, military or air forces, or a person engaged in the nursing service or other auxiliary service of any of those forces; or
(b) by a British subject in territory which is under the sovereignty of, or in the occupation of, a Power with which His Majesty is at war, not being territory in the occupation of His Majesty or of a Power allied with His Majesty.
c. 62.
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