71846-1921-Treaty-of-Peace-Austria--No-2-Amendment-Order-1921 — Page 1

THE HONGKONG GOVERNMENT GAZETTE, JULY 29, 1921.

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1. The principal Order shall have effect, and shall be deemed always to have had effect, as if at the end of paragraph (vii) of Article one thereof the following words were inserted :

"and where, under the provisions contained in the said Annex, the creditor has notified an enemy debt as due to him and the debt so notified has been admitted or found due to that creditor under the said provisions, payment by the Clearing Office of the sum credited to it in respect of that debt shall be made only to the creditor by or on whose behalf the debt was so notified, except that in the event of the death, bankruptcy, liquidation, or lunacy of the said creditor, payment by the Clearing Office shall be made to the person entitled by law to stand in his place.'

2. In paragraph (xviii) of Article one of the pricipal Order, as so amended as afore- said, for the words sixteen months" there shall be substituted the words "nineteen months."

3. This Order may be cited as the Treaty of Peace (Amendment) (No. 2) Order, 1921, and this Order shall be included amongst the Orders which may be cited together as the Treaty of Peace Orders, 1919 to 1921.

ALMERIC FITZROY.

No. 326.-The following Order of His Majesty in Council, which appeared in the London Gazette of 3rd June, 1921, is published for general information.

The Order applies to Hongkong, and the question of introducing legislation to adapt its provisions to the circumstances of the Colony is under consideration.

The Treaty of Peace (Austria) Order, 1920, was published in the Hongkong Gazette of 12th Noveniber, 1920, and was modified by the Hongkong Legislature by Ordinance No. 16 of 1920.

The Treaty of Peace (Austria) (Amendment) Order, 1921, was published in the Hongkong Gazette of 15th April, 1921, no legislation being necessary to adapt its provi- sions to the circumstances of the Colony.

AT THE COURT AT BUCKINGHAM PALACE,

THE 27TH DAY OF MAY, 1921.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS in pursuance of the powers conferred on Him by the Treaty of Peace

(Austria and Bulgaria) Act, 1920, His Majesty in Council was pleased to make the Treaty of Peace (Austria) Order, 1920, and it is expedient that the said Order should be amended in manner hereinafter appearing:

Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered as follows:--

1. The provisions of the Treaty of Peace (Austria) Order, 1920, set out in the first column of the Schedule to this Order shall be amended in the manner shown in the second column of that Schedule.

2. This Order may be cited as the Treaty of Peace (Austria) (No. 2) Amendment Order, 1921, and this Order shall be included amongst the Orders which may be cited together as the Treaty of Peace (Austria) Orders, 1920 to 1921.

ALMERIC FITZROY.

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ARTICLE.

THE HONGKONG GOVERNMENT GAZETTE, JULY 29, 1921.

SCHEDULE.

NATURE OF AMENDMENT.

1 (ix) ..

1. (x)

1 (xxiv)

2

At the end of paragraph (ix) the following proviso shall be inserted :

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Provided further that where it is alleged that any property, right or interest is not subject to the said charge by reason of its belonging to a person who is not à national of the former Austrian Empire within the meaning of this Order, the Administrator shall be entitled to make such charges as, subject to the consent of the Treasury, he may consider necessary to cover the costs incurred by him in investi- gating the allegation and in tracing and identifying the said property, right or interest.

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At the end of sub-paragraph (d) there shall be inserted the words "and to require any person having in his possession any documents of title to any such stock, shares or other securities to deliver the same to him, and an acknowledgment of such delivery signed by him shall be a sufficient dis- charge to the person delivering the same."

After sub-paragraph (e) the following sub-paragraphs shall be inserted: --

"(ee) Where the property, right or interest subject to the charge consists of any sum of money due to an Austrian national (not being an enemy debt within the meaning of Article 248 of the Treaty) it shall be payable to the administrator, and shall be paid to him on demand, and the administrator shall have power to enforce the payment thereof, and for that purpose shall have all such rights and powers as if he were the creditor.

(eee) A certificate by the administrator that any property, right or interest is subject to the charge shall be sufficient evidence of the facts stated in the certificate, and where any such application, require- ment or demand of the Administrator as aforesaid is accompanied by such a certificate, the company, municipal authority or other body by whom the securities were issued or are managed, the person in posses- sion of the property transferable by delivery, or the person by whom a sum of money is due, shall comply with the application requirement or demand, and shall not be liable to any action or other legal proceeding in respect of such compliance, but if it is subsequently proved that the property, right or interest was not subject to the charge, the owner thereof shall be entitled to recove the same from the Administrator, or, if it has been sold, the proceeds of sale, but not to any other remedy."

In sub-paragraph (g), after the words " a national of the former Austrian Empire" there shall be inserted the words "or any person who claims that any property, right or interest belonging to him is not subject to the charge by reason of his not being a national of the former Austrian Empire."

For the words "ten months" there shall be substituted the words eighteen months.'

After the words "foregoing provisions of this Order" there shall be inserted the words "but not including the schedule therein referred to.

No. 327.-The following Order of His Majesty in Council, which appeared in the London Gazette of 3rd June, 1921, is published for general information.