581692-1940-Compensation-Defence-Regulations-1940 — Page 7

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THE HONG KONG GOVERNMENT GAZETTE, APRIL 10, 1940. 703

(4) Any compensation under sub-paragraph (4) or sub- paragraph (2) of paragraph (1) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred; but this paragraph shall not operate so as to require the making of payments at intervals of less than one month.

(5) Any compensation under sub-paragraph (c) or sub- paragraph (d) of paragraph (1) shall accrue due at the end of the period of the requisition, and shall, subject to the follow- ing provisions of these regulations, be paid to the person who is then the owner of the vessel, vehicle or aircraft.

(6) For the purposes of paragraph (1). " total loss ** shall have the same meaning as it has for the purposes of the haw relating to insurance, and accordingly shall be construed as including constructive total loss; and upon the payment to any person of any compensation which has become payable by virtue of sub-paragraph (d) of that paragraph in respect of any loss, the Crown shall have the same right to take over an interest in whatever remains of the vessel, vehicle or aircraft, and the same rights and remedies in and in respect of the vessel, vehicle or aircraft, as it would have if the payment had been made by the Crown as the insurer miler a contract insuring that person against the loss.

(7) The compensation payable under these regulations in respect of the acquisition of any vessel, vehicle or aircraft shall be a sum equal to the value of the vessel, vehicle or aircraft immediately before the acquisition, no account being taken of any appreciation due to the emergency, and shall, subject to the following provisions of these regulations, be paid to the person who is then the owner of the vessel. vehicle or aircraft.

For the purpose of assessing any compensation under this paragraph in respect of the acquisition of any vessel, vehicle or aircraft, no accoum shall be taken of any compensation under sub-paragraph (0) or sub-paragraph (2) of paragraph (1) which may have become payable in respect of the requisi tion of that vessel, vehicle or aircraft.

(S) Where, at any time during the period for which a vessel, vehicle or aircraft is requisitioned on behalf of the Governor in the exercise of emergency powers-

(a) a written notice stating that the vessel, vehicle or aircraft is to be treated as acquired on behalf of the Governor is served on the owner thereof by a person acting on behalf of the Governor, or

(b) the vessel, vehicle or aircraft is sold on behalf of the Governor,

then, for the purposes of this regulation, the vessel, vehicle or aircraft shall be deemed to have been acquired on behalf of the Governor in the exercise of emergency powers immediately before the day on which the said notice was served or, as the case may be, the day on which the vessel, vehiele or aircraft was so sold, and the period of requisition shall be deemed to have ended at the time when the acquisition of the vessel, vehicle or aircraft as aforesaid is deemed by virtue of this paragraph to have been effected.