581692-1940-Compensation-Defence-Regulations-1940 — Page 3

THE HONG KONG VERNMENT GAZETTE, MAY 10, 1940.

(2) For the purposes of this regulation, a requirement that any space or accommodation in a ship or an aircraft be placed at the disposal of any authority shall be deemed to be à requisition of property.

Compen-

4.--(1) The compensation payable under these regula- tions in respect of the taking possession of any land shall be sation in the aggregate of the following sums, that is to say-

respect of taking pussession

(a) a sum equal to the rent which might reasonably be of land. expected to be payable by a tenant in occupation of the land, during the period for which possession of the land is retained in the exercise of emergency powers, under a lease granted immediately before the beginning of that period, whereby the tenant undertook to pay all usual tenant's rates and taxes and to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain the land in a state to command that rent, and

(b) a sum equal to the cost of making good any damage to the land which may have occurred during the period for which possession thereof is so retained (except in so far as the damage has been made good during that period by a person acting on behalf of the Governor), no account being taken of fair wear and tear or of damage caused by war operations, and

(c) in a case where the land is agricultural land, a sum equal to the amount (if any) which might reasonably have been expected to be payable in addition to rent by an incoming tenant, in respect of things previously done for the purpose of the cultivation of the land, and in respect of seeds, tillages, growing crops and other similar matters, under a lease of the land granted immediately before possession thereof was taken in the exercise of emergency powers, and

(d) a sum equal to the amount of any expenses reason- ably incurred, otherwise than on behalf of the Governor, for the purpose of compliance with any directions given on behalf of the Governor in connexion with the taking possession of the land:

Provided that-

(i) in computing for the purposes of sub-paragraph (a) of this paragraph the rent which might reasonably be expected to be payable in respect of any land, and in computing for the purposes of sub-paragraph (c) of this paragraph any amount which might reasonably have been expected to bo payable in addition to rent by an incoming tenant, no account shall be taken of any appreciation of values due to the emergency; and

(ii) there shall not. by virtue of sub-paragraph (b) of this paragraph, he payable in respect of damage to any land a sum greater than the value of the land at the time when possession thereof was taken in the exercise of eme powers, no account being taken of any appreciation in the value thereof due to the emergency.

(2) Any compensation under sub-paragraph (a) of para- graph (1) shall be considered as accruing due from day to day during the period for which the possession of the land is taken in the exercise of emergency powers, and be apportionable in respect of time accordingly, and shall be paid to the person who for the time being would be entitled

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