1923_INDEMNITY_ORDINANCE__1922 — Page 4

INDEMNITY.

No. 18 of 1922.

2693

of Hongkong in consequence of any such act, matter, or thing, shall be sufficient evidence of such authority or duty or object, and of such act, matter, or thing having been done thereunder, or in execution thereof, or with such object, or that such sum of money was acquired by the said Government in consequence of such act, matter, or thing, and any such act, matter, or thing shall be deemed to have been done in good faith unless the contrary is proved.

(4) Nothing in this section shall prejudice or prevent the institution or prosecution of proceedings for giving effect to a final judgment given before the passing of this Ordinance by any court of final resort or by any other court where the judgment at the passing of this Ordinance is not then the subject of a pending appeal.

compensation

tioned or con-

the war.

5, c. 48, s. 2,

4. Notwithstanding anything in section 3 restricting the Right to right of taking or prosecuting legal proceedings, any person payment or not being the subject of a state which has been at war with in respect of His Majesty during the war and not having been a subject ships requisi- of such a state whilst that state was so at war with His trolled during Majesty, and being the owner of a ship which, or any cargo space or passenger accommodation in which, has in fact been 10 & 11 Geo. either requisitioned or controlled during the war by or for and Schedule, the Government of the Colony of Hongkong, whether on behalf of His Majesty's Government or not, shall be entitled to payment in respect of such requisition or control, and to compensation for loss or damage to such ship which was directly due to war risk, in accordance with the following provisions of this section, but not further or otherwise :-

(1) Payment in respect of such requisition or control shall be made in accordance with the rates and conditions contained in the Blue Book Reports, together with any additional pay- ment which shall have been expressly promised in writing, or credited to the owner, by or on behalf of the Government of the Colony of Hongkong.

(2) Compensation shall also be paid in respect of any ship so requisitioned or controlled for any loss or damage directly due to war risk during the period of requisition or control, and such compensation shall be calculated on the ascertained value of the ship, if she shall have been totally lost, at the time of such loss, or if she shall have been

* As amended by Law Rev. Ord., 1924. ́

Part I.

*