CAB11-57-14 — Page 102

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CHAPTER VI (i).

67

person whose property shall be taken, including any grain, article of food, coals, or other fuel taken by virtue of sub-clause 9 of this clause, or temporarily taken possession of or removed or destroyed by virtue of this Order, such compensation as shall be agreed on between the Governor and such person, and, in default of agreement, such remuneration or compensation as shall be awarded by the Board hereinafter mentioned, whose award shall be final.

13. For the purpose of determining the amount of any remuneration or compensation payable under this Order and the prices at which any grain, article of food, coal or other fuel taken under sub-clause 9 of this Order may be sold to the inhabitants, the Governor shall appoint a Board consisting of five persons, of whom one shall be a Judge or Stipendiary Magistrate, two shall be officers either in the Civil Government of the Colony or in His Majesty's naval or military service, and the other two shall be inhabitants of the Colony. All questions referred to the said Board shall, in case of a difference of opinion, be decided by the votes of the majority of the members. The Judge or Stipendiary Magistrate shall be the Chairman of the Board.

14. The said Board, in fixing the price to be paid for articles taken under sub-clause 9 of this clause, shall not make any addition on account of the purchase being compulsory, and they shall fix the prices at which such articles shall be sold at such rates as will, except under special circumstances, recoup to the Government the cost of purchasing the same and other expenses incidental thereto.

15. Any person authorized by the Governor in writing in that behalf

and may enter

upon into any land, house, or other building in the Colony, and examine and inspect such land or building and every or any part thereof, and, in case of opposition or obstruction, may use force to effect such entry, examination, and inspection, and shall not be liable for any damage directly or indirectly occasioned by such forcible entry.

16. Every person who refuses or neglects to obey or comply with any order or requisition made under this Order, or does anything whereby the execution of any such order or requisition is prevented or hindered, or with intent to prevent or hinder the execution of any such order or requisition, shall be guilty of an offence against this Order, and shall, on summary conviction thereof, be liable to a fine not less than 20 dollars and not more than 100 dollars, or to imprisonment for a term not exceeding one month.

17. If any person shall, by obeying any order or requisition made under this Order, be prevented from fulfilling any contract, such person shall not be deemed to have thereby committed à breach of contract, but such contract shall be deemed to be suspended by such order or requisition so far as its fulfilment is thereby rendered impossible.

18. The Governor may by Proclamation postpone for such period as he may think necessary or just and expedient the time at which any rent or other moneys shall become due and payable, and particularly may so extend the period of maturity of bills or other negotiable instruments payable in the Colony, and may suspend for such time as he may think right the execution of the judgment of any Court of Civil Judicature and the enforcement of any process of evictment or other process for the recovery of the possession of property in default of payment of rent if he shall consider that, owing to circumstances arising out of the state of war or the immediate apprehension of war, the immediate execution of such judgments or enforcement of such process would be inequitable or inexpedient.

19. Sub-clauses 1, 3, 4, 5, 6, 7, 9, and 15 of Clause III of this Order shall not apply to any person in His Majesty's naval or military service, or to any of His Majesty's ships, or to any property belonging to the Lords Commissioners of the Admiralty or to the Secretary of State for War.

(iv.) By his Excellency, &c.

I,

+

Governor and Vice-Admiral of the Colony of Hong Kong and its Dependencies, being satisfied thereof by information received by me, do hereby proclaim that war has broken out between His Majesty and

(v.) By his Excellency, &c.

By command, &c.

Whereas a state of war exists between His Majesty the King and

This Proclamation is issued to inform the inhabitants of Hong Kong that His Majesty's navy will guard the Colony from an attack by the enemy in force, and that the present strength of the defences and garrison of the fortress make unlikely a raid by predatory cruisers.

All necessary measures to defeat such a raid are, however, being taken, and the Government trust that the confidence of the people will be shown by their proceeding with their ordinary business as in time of peace.

In the event of hostile vessels being sighted, three guns will be fired from the "Tamar," and the red British ensign will be hoisted on that vessel and at the masthead of the flagstaff on the Peak, and will be kept hoisted as long as the enemy is in sight.

While this signal remains hoisted the public should avoid collecting in throughfares and any other action likely to cause excitement or confusion.

On the retirement of the enemy the Colonial flag will be hoisted. Further Proclamations will be issued as necessary from time to time.

By command, &c.

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