583900-1940-Defence-Regulations-1940--Amendments-to-the — Page 2

Government Gazette 政府憲報 轅門報 All

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 8, 1940.

(2) A competent authority may, if it appears to that authority to be necessary so to do in the interests of public safety or defence or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, make or give as respects any undertaking all or any orders or directions which might have been made or given under sub-paragraph (a) of paragraph (1) of regulation 50A by an authority which is a competent authority for the purposes of that regulation, if the undertaking had been a war production undertaking and had been declared under that paragraph to be a controlled undertaking, and sub-paragraphs (b) and (c) of that paragraph shall apply accordingly.

(3) Where the right to make charges in connexion with the carrying on of any undertaking with respect to which an order may be made under this regulation is limited by law. any order so made in relation to that undertaking may authorize the undertakers to make in that connexion charges in excess of, or in addition to, those which they would other- wise be authorized to make.

(4) A competent authority, if it appears to that authority to be necessary so to do in the interests of public safety or defence or the efficient prosecution of the war, or for main- taining supplies and services essential to the life of the com- munity, may, subject to any general or special instructions of the Governor, carry on the whole or any part of any existing undertaking, or authorize a person to carry on the whole or any part of any existing undertaking, in accordance with any instructions of the competent authority; and while by virtue of this paragraph a competent authority or a person so authorized is carrying on the whole or any part of an undertaking---

(a) the said authority or person shall be deemed to he acting as the agent of the undertakers, except that the under- takers shall not have any right to control the carrying on of the undertaking or part of the undertaking; and

(b) the undertakers shall not be bound, or, as the case may be, shall not in respect of such matters as may be specified by order of the competent authority be bound, by any obligation or limitation imposed on the undertakers by or by virtue of any Ordinance or other instrument determining their functions,

(5) A competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under this regulation to any specified persons or class of persons.

(6) For the avoidance of doubt, it is hereby declared that the powers conferred by this regulation may be exercised as respects any undertaking whether or not the undertaking has been declared to be a controlled undertaking, and that paragraph (2) of this regulation authorizes the making of any such orders or the giving of any such directions as are therein mentioned in relation to any undertaking, notwithstanding that the undertaking is being carried on under paragraph (4) of this regulation by a person authorized in that behalf by the competent authority.

(7) In this regulation-

(a) "essential work" means work appearing to the com- petent authority to be essential for defence or the efficient prosecution of the war or to be essential to the life of the community; and

(b) "undertaking" means any public utility undertaking or any industrial or commercial enterprise, and "undertakers'

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