66346-1920-The-China-Treaty-of-Peace-Order-in-Council-1919 — Page 1

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 30, 1920.

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No. 62. The following Order of His Majesty the King in Council, which appeared in the London Gazette of the 12th December, 1919. is published for general information.

AT THE COURT AT BUCKINGHAM PALACE,

THE 9TH DAY OF DECEMBER, 1919.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD SOMERLEYTON.

W

LORD CHAMBERLAIN.

SIR FREDERICK PONSONBY.

THEREAS at Versailles, on the 28th day of June, 1919, a Treaty of Peace with Germany (hereinafter referred to as "the Treaty") was signed on behalf of

His Majesty; and

Whereas it was provided in the Treaty that the property of German nationals within the territory or under the control of an Allied or Associated State might be constituted a pledge for enemy liabilities upon the conditions laid down in the Treaty; and

Whereas by the Treaty of Peace Act, 1919, it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council, and do such things as appeared to Him to be necessary for carrying out the Treaty, and for giving effect to any of the provisions thereof; and

Whereas by Treaty, grant, usage, sufferance, or other lawful means His Majesty has power and jurisdiction in China; and

Whereas there is now in China certain property of German nationals under the control of His Majesty, and it is expedient to make provision for charging such property with the payment of the liabilities for which it may be constituted a pledge by the Treaty in the manner hereinafter provided :

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:--

1. All property rights and interests in China belonging to German nationals at the date when the Treaty comes into force (not being property rights or interests acquired under any general licence issued by or on behalf of His Majesty) and the net proceeds of their sale, liquidation, or other dealings therewith, so far as such property rights and interests or such net proceeds are vested in or otherwise under the control of the Custo- dian of enemy property or other British authority under the Trading with the Enemy Acts or the Trading with the Enemy Regulations, are hereby charged :---

(a) First, with payment of the amounts due in respect of claims by British nationals with regard to their property rights and interests, including companies and associations in which they are interested in German ter- ritory, or debis owing to them by German nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal or by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 297 of the Treaty, and with payment of claims growing out of acts committed by the German Government or by German authorities since the 31st July, 1914, and before the 4th August, 1914.

(b) Secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property rights and interests in the ter- ritories of Austria-Hungary, Bulgaria, and Turkey in so far as those claims are not otherwise satisfied.

Provided that any particular property rights or interests so charged may at any time, if the Minister thinks fit, be released from the charge so created.

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