1964_LAND_TRANSACTIONS_(ENEMY_OCCUPATION)_ORDINANCE — Page 6

1984 Ed.]

Land Transactions (Enemy Occupation)

[CAP. 256

5

(b) make any green ink entry which he is satisfied should have

been made: and

(c) vary or add to any such entry when he is satisfied that such

variation or addition is necessary,

and any such deletion, variation or addition shall be attested and verified by the signature of the Land Officer.

(2) The Land Officer shall delete any green ink entry recording or evidencing the purported discharge of a debt which by reason of the Debtor and Creditor (Occupation Period) Ordinance, is deemed to have been wholly or partly undischarged or any green ink entry depending for its validity on the valid discharge of such a debt.

(3) Any person aggrieved on the ground that a green ink entry should not have been made or is incorrect or on the ground that the appropriate green ink entry has not been made or is no longer subsisting may apply for redress to the court by summary petition verified upon oath and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. A copy of every such petition shall be delivered to the Land Officer as soon as may be after the issue thereof.

8.

Notwithstanding anything hereinbefore contained, in any action for specific performance founded on this Ordinance—

(a) it shall be a valid defence for a person who has been required to assign or confirm in accordance with the provisions hereof, to show that the Japanese assignment in respect of which such assignment or confirmation was required is void or voidable at his instance or would have been void or voidable at his instance but for the enactment of this Ordinance;

(b) a defendant shall be entitled to rely upon any defence not inconsistent with this Ordinance upon which he would have been entitled to rely had this Ordinance not been passed.

9. (1) The Chief Justice may make general rules and orders subject to the approval of the Legislative Council, for regulating—

(a) the practice and procedure of the court in respect of

proceedings of any kind under this Ordinance:

(b) the forms to be used;

(c) court fees, the fees of counsel and the costs of solicitors:

(d) generally, for the better carrying out of the provisions of this Ordinance relating to legal proceedings and relating to the carrying out of the orders and directions of the Supreme Court.

(24 of 1948)

Saving.

Rules.