71847-1921-Treaty-of-Peace-Bulgaria--No-2-Amendment-Order-1921 — Page 1

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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.

THE HONGKONG GOVERNMENT GAZETTE, JULY 29, 1921.

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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 (Bulgaria) Order, 1920, was published in the Hongkong Gazette of 5th November, 1920, and was modified by the Hongkong Legislature by Ordinance No. 17 of 1920.

The Treaty of Peace (Bulgaria) (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.

HEREAS is 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 (Bulgaria) 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 (Bulgaria) Order, 1920, set out in the first column of the Schedule to this Order shall be amended in the manner shewn in the second column of that Schedule.

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

ARTICLE.

1 (i)

1 (ii)

SCHEDULE.

ALMERIC FITZROY.

NATURE OF AMENDMENT.

At the end of paragraph (i.) the following proviso shall be inserted :--

“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 has acquired ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the Treaty, 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 investigating the allegation and in tracing and identifying the said property, right or interest.

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 shares, stock or other securities to deliver the same to him, and an acknowledgment of such delivery signed by him shall be a sufficient discharge to the person delivering the same.

1

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A

ARTICLE

1 (xvii)

THE HONGKONG GOVERNMENT GAZETTE, JULY 29, 1921.

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Schedule,-Continued.

NATURE OF AMENDMENT.

After sub-paragraph (e) the following sub-paragraph shall be inserted:---- (ee) 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, requirement or demand of the Administrator as aforesaid is accom- panied by such a certificate, the company, municipal authority or other body by whom the securities were issued or are managed, the person in possession of the property transferable by delivery, or the person by whom a sum of money is due, shall comply with the appli- cation, 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 recover the same from the Administrator, or, if it has been sold, the proceeds of sale, but not to any other remedy."

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In sub-paragraph (h), after the words "a Bulgarian national" there shall be inserted the words for any person who claims that any property, right or interest belonging to him is not subject to the charge by reason of his having acquired ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the Treaty."

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

No. 328.-The following Order of His Majesty in Council, which appeared in the London Gazette of the 3rd June, 1921, is published for general information.

AT THE COURT AT BUCKINGHAM PALACE,

THE 27TH DAY OF MAY, 1921.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS on the 20th day of January, 1914. an International Convention for the

Safety of Life at Sea, and for purposes incidental thereto, was duly entered into by His Majesty and the other Signatory Powers more especially referred to and set out in the said Convention:

And whereas a Statute 4 & 5 Geo. V, c. 50, intituled "An Act to make such amend- ments of the law relating to Merchant Shipping as are necessary or expedient to give effect to an International Convention for the Safety of Life at Sea" (being the Conven- tion above referred to) was passed on the 10th day of August, 1914, the short title of which is "The Merchant Shipping (Convention) Act, 1914":

And whereas by Section 29, Sub-section 5, of the said Act it was provided as follows:-

This Act shall come into operation on the 1st day of July, 1915: “Provided that His Majesty may, by Order in Council, from time to time post- pone the coming into operation of this Act for such period, not exceeding on any occasion of postponement one year, as may be specified in the Order":