581692-1940-Compensation-Defence-Regulations-1940 — Page 8

704

Compen- sation in

respect of taking space

of acco-

modation in

skipe and

Commen Ration in respect of requisition

or acquisi-

ether than

THE HONG KONG GOVERNMENT GAZETTE, MAY 10. 1940.

(9) Where there is effected such a sale of any vessel, vehicle or aircraft as is referred to in sub-paragraph (b) of paragraph (8), the person by whom the sale was effected shall, as soon as may be thereafter, serve a written notice of the sale on the person who for the time being would be the owner of the vessel, vehicle or aireraft bin for the sale thereof as aforesaid.

7-(1) The compensation payable under these regula- tions in respect of any requirement that any space or accom- modation in a ship or an aircraft be placed at the disposal of any authority shall be the aggregate of the following sums, that is to say-

(a) a sum equal to the amount which might reasonably be xpected to be payable for the use of that space or accom- mendation during the period for which it is at the disposal of the authority by virtue of that requirement, no account being taken of any appreciation of values due einergency, and

(b) a sum equal to the amount of any expenses reaso(11- ably incurred, otherwise than on behalf of the Governor, for the purpose of compliance with any directions given on behalf of the Governor in commexion with the said require-

(2) Any compensation under sub-paragraph (0) of para- graph (1) shall be considered as accruing due from day to day during the period for which the space or accommodation remains at the disposal of the authority at whose disposal it was required to be placed, and be apportionable in respect of time accordingly, and shall be paid to the person who, at the time when the compensation acernes due, is the owner of the ship or aircraft; but this paragraph shall not operate as to require the making of my payment before the end of the said period.

(0) Where on the day on which any compensation evries due by virmo of subparagraph (1) of paragraph (1), person other than the owner of the ship or aircraft is, by virtue of a subsisting charter or contract of hiring, entitled possession of, or to use, the ship or aircraft, or is, by irtue of a subsisting contract, the person who would be mtitled to use the space or accommodation but for the requirement in respect of which the compensation is payable.

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person to whom the compensation is paid shall be deemed to receive it as a trustee for the first-mentioned person.

(4) Any compensation under sub-paragraph (b) of para- graph (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

se expenses were incurred.

8.--(1) Subject to the provisions of paragraph (2), the compensation payable under these regulations in respect of the requisition or acquisition of any goods shall be a sum two of goods equal to the price which the person who, immediately before the requisition or acquisition, was the owner of the goods might reasonably have been expected to obtain upon a sale of the goods then effected by him, regard being had to the condition of the goods at the time and no account being taken of any appreciation in the value of the goods due to the

vessels.

vehicles and aircraft.

emergency.

A