581692-1940-Compensation-Defence-Regulations-1940 — Page 6

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THE HONG KONG GOVERNMENT GAZETTE, MAY 10, 1940.

(b) if an agreement is made on behalf of the Governor for the running of the vessel, vehicle or aircraft during the said period by the person who, but for the requisition, would be entitled to possession of the vessel, vehicle or aircraft. or who is the owner thereof, a sum equal to the amount of any expenses reasonably incurred by that person in conexion with the maintenance and ruming of the vessel. vehicle or aireraft during that period, not being expenses taken into account for the purposes of sub-paragraph (4), and

(2) a sum equal to the cost of making good any damage to the vessel, vehicle or aircraft not resulting in a total loss thereof, which may have occurred during the said period (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, and

(d) in a case where, during the period of the requisition. a total loss of the vessel, vehicle or aircraft occurs, a sum equal to the value of the vessel, vehicle or aireraft imme- diately before the occurrence of the damage which caused the loss, and

(e) 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 requisition -

Provided that-

() in computing for the purposes of sub-paragraph (0) the amount which might reasonably be expected to be payable for the use of any vessel, vehicle or aircraft, no account shall - be taken of any appreciation in the value thereof due to the emergency; and

(ii) no compensation shall by virtue of this paragraph be payable in respect of any loss of, or damage to, any vehicle or aircraft arising in consequence of war operations, unless it is shown that, at the time when the loss or damage occurred, the risk of the vehicle or aircraft being lost or damaged in consequence of war operations was materially increased by reason of the requisition thereof in the exercise of emergency powers; and

(iii) no compensation shall by virtue of sub-paragraph (c) be payable in respect of any damage, if compensation in respect of expenses incurred for the purpose of making good that damage lias accrued due by virtue of sub-paragraph (b).

(2) Any compensation under sub-paragraph (1) of para- graph (1) shall be considered as accruing due from day to day during the period for which the vessel, vehicle or aircraft is requisitioned in the exercise of emergency powers, and be apportionable in respect of time accordingly, and shall be paid to the person who, at the time when the compensation aceruos due, is the owner of the vessel, vehicle or aircraft: but this paragraph shall not operate so as to require the making of payments at intervals of less than one month.

(3) Where, on the day on which any compensation accrues due by virtue of sub-paragraph (4) of paragraph (1), a person other than the owner of the vessel, vehicle or aircraft is, by virtue of a subsisting charter or contract of hiring, the person who would be entitled to possession of, or to use, the vessel, vehicle or aircraft but for the requisition. the person to whom the compensation is paid shall be deemed to receive it as a trustee for the first-mentioned person.