EMERGENCY POWERS (EXTENSION AND AMENDMENT INCORPORATION) ORDINANCE

EMERGENCY POWERS (EXTENSION AND AMENDMENT INCORPORATION) ORDINANCE

LAWS OF HONG KONG

EMERGENCY POWERS (EXTENSION AND AMENDMENT

INCORPORATION) ORDINANCE

CHAPTER 251





CHAPTER 251.
EMERGENCY POWERS (EXTENSION AND AMENDMENT
INCORPORATION) ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section...................................... Page.

1...........Short tide .................... ... ... ... ... ... ... ... ... ... 2

2. Continuance in force of the Compensation (Defence) Regulations ... 2

First Schedule. Compensation (Defence) Regulations ... ... ... ... ... 4

Appendix I. Compensation (Defence) Notice of Claim Rules ... ... 15

Appendix II. Shipping Claims Tribunal Rules ... ... ... ... ... ... 17

Second Schedule. Compensation (Defence) Modification Regulations ... ... 26





CHAPTER 251.

EMERGENCY POWERS (EXTENSION AND
AMENDMENT INCORPORATION).

To make provision for the continuance in force of the Compensation
(Defence) Regulations for a limited period.

[1st November, 1946.]

1. This Ordinance may be cited as the Emergency Powers
(Extension and Amendment Incorporation) Ordinance.

2. (1) The Compensation (Defence) Regulations in the First
Schedule, hereinafter referred to as the Defence Regulations, shall,
notwithstanding their expiry on the 31st day of December, 1947, be
deemed to have continued in force and the same are hereby continued in
force. (Added, 32 of 1948, s. 2)

(2) The Defence Regulations shall, with such modification which
the Governor may, as he is hereby authorized, by order make from time
to time, continue in force until the Governor by order declares that they
shall expire and upon such expiry
section 10 of the Interpretation Ordinance shall apply as if such
expiry constituted the repealan enactment. (A Added, 32 of
1948, s. 2)

(3) The regulations in the Second Schedule shall be deemed to have
been made by order of the Governor under subsection (2) and to have
had effect from the 1st day of April, 1949. (Added, 19 of 1950, s. 2)





FIRST SCHEDULE. [s- 2(1).]

COMPENSATION (DEFENCE) REGULATIONS.

ARRANGEMENT OF REGULATIONS.

Regulation. Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

2. Interpretation ... ... ... ... .. ... . ... ... ... ... ... ... ... 4

RIGHT TO, AND MEASURE OF,
COMPENSATION.

3.........................................Compensation for action taken in the exercise of emergency powers 5

4................................Compensation in respect of taking possession of land ... ... ... 6
5................................Compensation in respect of the doing of work on land ... ... ... 7

6. Compensation in respect of requisition or acquisition of vessels,

vehicles and aircraft ............ ... ... ... ... ... 9

7. Compensation in respect of taking space or accommodation in ships

and aircraft ............................ ... ... ... ... ... ... 10

8. Compensation in respect of requisition or acquisition of goods other

than vessels, vehicles and aircraft ..... ... ... ... ... ... ... 11

TRIBUNALS FOR DETERMINING
DISPUTES.

9.....................................Determination of claims by tribunals in default of agreement ... 12

10. Provision for disputes concerning departments of Her Majesty's

Government in the United Kingdom ........ ... ... ... ... 12

11..................Remuneration to tribunals ... ... ... ... ... ... ... ... ... 12
12..................Incidental powers of tribunals ... ... ... ... ... ... ... ... 13

GENERAL AND SUPPLEMENTARY
PROVISIONS.

13..................Interest on compensation ... ... ... ... ... ... ... ... ... 13

14...........................Limitation of time for claiming compensation ... ... ... ... ... 13

15....................................Exclusion of compensation under regulations in certain cases ... 14
16....................................Provisions as to property subject to hire-purchase agreements ... 14

17.............................Provisions as to property subject to mortgages ... ... ... ... 14
18.............................Compensation payable apart from these regulations ... ... ... 14

19.............Service of notices ........... ... ... ... ... ... ... ... ... ... 14

20. Appendices......................... ... ... ... ... ... ... ... ... 14





FIRST SCHEDULE. [s. 2(1).]

COMPENSATION (DEFENCE) REGULATIONS.

[24th August, 1939.1

1. These regulations may be cited as the Compensation (Defence) Regulations.

2. (1) In these regulations, unless the context otherwise requires-

-agricultural land' means any land used as arable, meadow or pasture land, land used
for a plantation or a wood or land used for the purpose of poultry farming,
marked gardens, nursery grounds or orchards;

'aircraft' means any flying machine, glider or airship or any balloon (whether
fixed or free);

---theemergency' means the emergency that was the occasion of the making of
these regulations;

,,emergency powers' means any power conferred by

(a)regulations made under the Emergency Powers (Colonial Defence) Order
in Council, 1939, or any other Order of Her Majesty in Council relating to
emergency powers for the time being in force in the Colony, as part of
the law of the Colony;

(b) section 2 of the Emergency Regulations Ordinance., or

(e) section 33 of the Telecommunication Ordinance,

or any power exercisable by virtue of the prerogative of the Crown;

---exercise'includes purported exercise;

---fairwear and tear-, in relation to any property possession of which is taken on
behalf of the Governor or which is requisitioned on behalf of the Governor,
means such fair wear and tear as might have been expected to occur but for
the fact that possession of the property was so taken or that the property was
so requisitioned, as the case may be;

---goods-means chattels other than vessels, vehicles and aircraft;

'hire-purchase agreement' means an agreement for the bailment of goods under
which the bailee may buy the goods or under which the property in the goods
will or may pass to the bailee, and where by virtue of two or more agreements,
none of which by itself constitutes a hire-purchase agreement, there is a
bailment of goods and either the bailee may buy the goods, or the property
therein will or may pass to the bailee, the agreements shall be treated for the
purposes of these regulations as a single agreement made at the time when the
last of the agreements was made;

'land' includes land covered with water, and parts of houses or buildings;

,,owner' means

(a)in relation to land, the person who is receiving the rackrent of the land,
whether on his own account or as agent or trustee for any other person, or
who would so receive the rackrent of the land if it were let at a ractrent; or
Note. See also Compensation (Defence) Modification Regulations, Second Schedule to the Ordinance.

For modification. see regulation 83 of the Emergency (Principal) Regulations (Cap. 241. sub. leg.).





(b)in relation to any property other than land, the person entitled to sell the
property, it being assumed not to be subject to any mortgage, pledge, lien
or other similar obligation;

and in this definition 'rackrent' in relation to any property means a rent
which is not less than two-thirds of the rent at which the property might
reasonably be expected to let from year to year, free from all usual
tenant's rates and taxes, and deducting therefrom the probable average annual
cost of the repairs, insurance and other expenses (if any) necessary to
maintain the same in a state to command such rent;

'prescribed' means prescribed by rules made by the Governor in Council;

'requisition' means, in relation to any property, take possession of the property
or require the property to be placed at the disposal of the requisitioning
authority;

.'ship' and 'vessel' have respectively the same meanings as in the Merchant
Shipping Ordinance; and

war operations' means action taken by an enemy, or action taken in combating
an enemy or in repelling an imagined attack by an enemy.

(2) For the purposes of these regulations, the doing of work shall, in relation
to any land, be deemed to include the demolition, pulling down, destruction or
rendering useless of anything placed in, on or over that land, the maintenance of
any work or thing in, on or over the land, and the removal from the land of
anything so placed, demolished or pulled down in the exercise of emergency
powers.

RIGHT TO, AND MEASURE OF, COMPENSATION.

3. (1) Where, in the exercise of emergency powers during the period beginning
with the 24th day of August, 1939, and ending with such day as the Governor may
by order declare to be the day on which the emergency came to an end

(a)possession of any land has been taken on behalf of the Governor; or

(b)any property other than land has been requisitioned or acquired on behalf
of the Governor; or

(e)any work has been done on any land on behalf of the Governor, otherwise
than by way of measures taken to avoid the spreading of the consequences
of damage caused by war operations,

then, subject to the following provisions of these regulations, compensation
assessed in accordance with those provisions shall be paid, out of the revenues of
the Colony, in respect of the taking possession of the land, the requisition or
acquisition of the property, or the doing of the work, as the case may be.

(2) For the purposes of this regulation, a requirement that any space or
accommodation in a ship or an aircraft be placed at the disposal of any authority
shall be deemed to be a requisition of property.

(3) The words 'on behalf of the Governor' in paragraph (1) shall
include any act done between the 15th of August, 1945, and the 30th
of April, 1946, both days included, which the Governor signifies under
the hand of the Deputy Colonial Secretary to have been an act, compensa-
tion for which should be assessed in accordance with the provisions of these
regulations and paid, in the first place, out of the revenues of the Colony.

Note.. For modifications, see regulation 9 of the Emergency (Requisition) Regulations.
and regulation 83 of the Emergency (Principal) Regulations (Car). 241. sub. leg.).





4. (1) The compensation payable under these regulations in respect of the
taking possession of any land shall be the aggregate of the following sums, that is
to say

(a)a sum equal to the rent which might reasonably be expected to be payable
by a tenant in occupation of the land, during the period for which
possession of the land is retained in the exercise of emergency powers,
under a lease granted immediately before the beginning of that period,
whereby the tenant undertook to pay all usual tenant's rates and taxes and
to bear the cost of the repairs and insurance and the other expenses, if
any, necessary to maintain the land in a state to command that rent; and

(b)a sum equal to the cost of making good any damage to the land which
may have occurred during the period for which possession thereof is so
retained (except in so far as the damage has been made good during that
period by a person acting on behalf of the Governor), no account being
taken of fair wear and tear or of damage caused by war operations; and

(c)in a case where the land is agricultural land, a sum equal to the amount (if
any) which might reasonably have been expected to be payable in
addition to rent by an incoming tenant, in respect of things previously
done for the purpose of the cultivation of the land, and in respect of
seeds, tillages, growing crops and other similar matters, under a lease of
the land granted immediately before possession thereof was taken in the
exercise of emergency powers, and

(d)a sum equal to the amount of any expenses reasonably incurred,
otherwise than on behalf of the Governor, for the purpose of compliance
with any directions given on behalf of the Governor in connexion with
the taking possession of the land:

Provided that

(i)in computing for the purposes of sub-paragraph (a) the rent which might
reasonably be expected to be payable in respect of any land, and in
computing for the purposes of sub-paragraph (c) any amount which
might reasonably have been expected to be payable in addition to rent by
an incoming tenant, no account shall be taken of any appreciation of
values due to the emergency; and

(ii)there shall not, by virtue of sub-paragraph (b), be payable in respect of
damage to any land a sum greater than the value of the land at the time
when possession thereof was taken in the exercise of emergency powers,
no account being taken of any appreciation in the value thereof due to
the emergency.

(2) Any compensation under sub-paragraph (a) of paragraph (1) shall be
considered as accruing due from day to day during the period for which the
possession of the land is taken in the exercise of emergency powers, and be
apportionable in respect of time accordingly, and shall be paid to the person who
for the time being would be entitled to occupy the land but for the fact that
possession thereof is retained in the exercise of such powers; but this paragraph
shall not operate so as to require the making of payments at intervals of less than
three months.

For the purposes of any enactment relating to property tax any
compensation under sub-paragraph (a) of paragraph (1) shall be deemed to be rent
payable for the land, the Crown shall be deemed to pay it as tenant occupier and
the person receiving it shall be deemed to receive it as landlord.

Note: For modification. we regulation 3 of the Compensation (Defence) Modification Regulations,
Second Schedule to the Ordinance.

For modification, see regulation 4 of the Compensation (Defence) Modification Regulations,
Second Schedule to the Ordinance.











(3) Any compensation under sub-paragraph (b) of paragraph (1) shall accrue
due at the end of the period for which possession of the land is retained in the
exercise of emergency powers, and shall be paid to the person who is then the
owner of the land.

(4) Any compensation under sub-paragraph (c) of paragraph (1) shall accrue
due at the time when possession of the land is taken in the exercise of emergency
powers, and shall be paid to the person who, immediately before that time, was the
occupier of the land.

(5) Any compensation under sub-paragraph (d) of paragraph (1) shall accrue
due at the time when the expenses in respect of which the compensation is payable
are incurred, and shall be paid to the person by whom or on whose behalf those
expenses were incurred.

(6) As from the commencement of the Landlord and Tenant Ordinance
the compensation payable under sub-paragraph (a) of paragraph (1) hereof
shall be increased by the following percentages



(a)in the case of business premises to Which the said Ordinance applies by
forty-five per cent;

(b)in the case of domestic premises to which the said Ordinance applies by thirty per
cent;

(c) in the case of premises to which the said Ordinance does not
apply by fifty per cent.

(7) For the purposes of paragraph (6), the expressions 'business
premise' and 'domestic premises' shall have the meanings assigned to
them by the said Ordinance.
5. (1) Compensation under these regulations in respect of the doing of any
work on any land shall be payable only if the annual value of the land is diminished
by reason of the doing of the work.

(2) The compensation payable under these regulations in respect of the doing
of any work on any land shall, in the first instance, be a sum calculated by
reference to the diminution of the annual value of the land ascribable to the doing
of the work, and shall be paid in instalments, quarterly in arrear, to the person who
for the time being is entitled to occupy the land.

Any compensation under this paragraph shall be considered as accruing due
from day to day, and shall be apportionable in respect of time accordingly.

(3) If, at any time after compensation under paragraph (1) has become
payable by reason of the doing of any work on any land, a person acting on behalf
of the Governor--

(a)causes the land to be restored, as far as practicable, to the condition in
which it would be but for the doing of the work; or

(b)serves on the person for the time being entitled to occupy the land a
written notice of intention to discharge the liability for the compensation
by making, not earlier than a date specified in the notice, payment of a
lump sum in accordance with the following provisions of this paragraph,

the period in respect of which compensation is payable under paragraph (2) by
reason of the doing of the work shall end with the date immediately preceding the






date on which the restoration is completed or, as the case may be, the date
specified in the notice.

Note:For modification. see regulation 4 of the compensation (Defence) Modification Regulations. Second
Schedule to the Ordinance.





(4) Where, by virtue of the operation of paragraph (3) in relation to any
work done on any land, the period in respect of which compensation under
paragraph (1) is payable by reason of the doing of the work comes to an end, then
if, at the expiration of that period, the value of any estate or interest which a
person then has in the land is less than it would be but for the doing of the work,
there shall be paid to him, by way of compensation under these regulations, a sum
equal to the amount of the said depreciation in the value of the estate or interest;
and that compensation shall be taken to accrue due at the expiration of the said
period.

(5) As soon as may be after effecting any restoration or serving any notice in
pursuance of paragraph (3), the person by whom the restoration was effected or
the notice was served shall cause the fact of the restoration or the contents of the
notice, as the case may be, to be published in such manner as he thinks best adapted
for informing persons affected.

(6) In determining for the purposes of this regulation whether the annual
value of any land is diminished by reason of the doing of any work thereon, and in
assessing any compensation under this regulation in respect of the doing of any
work on any land, it shall be assumed that the land cannot be restored to the
condition in which it would be but for the doing of the work.

(7) For the purposes of this regulation, no account shall be taken of any
diminution or depreciation in value ascribable only to loss of pleasure or amenity.

(8) No compensation under this regulation shall, in relation to any land, be
payable in respect of any period for which possession of that land is taken on
behalf of the Governor in the exercise of emergency powers.

(9) In this regulation-

-annual value- means, in relation to any land, the rent at which the land might
reasonably be expected to let from year to year, if the tenant undertook to
pay all usual tenant's rates and taxes and to bear the costs of the repairs and
insurance and the other expenses, if any, necessary to maintain the land in a
state to command that rent; and

'diminution of the annual value' means, in relation to the doing of any work on
any land, the amount by which the annual value of the land is less than it
would be if the work had not been done.

6. (1) The compensation payable under these regulations in respect of the
requisition of any vessel, vehicle or aircraft shall be the aggregate of the following
sums, that is to say

(a)a sum equal to the amount which might reasonably be expected to be
payable by a person for the use of the vessel, vehicle or aircraft during
the period of the requisition, under a charter or contract of hiring
whereby he undertook to bear the cost of insuring, maintaining and
running the vessel, vehicle or aircraft; and

(b)if an agreement is made on behalf of the Governor for the running of the
vessel, vehicle or aircraft during the said period by the person who, but
for the requisition, would be entitled to possession of the vessel, vehicle
or aircraft, or who is the owner thereof, a sum equal to the amount of
any expenses reasonably incurred by that person in connexion with the
maintenance and running of the vessel, vehicle or aircraft during that
period, not being expenses taken into account for the purposes of sub-
paragraph (a); and

Note:For moilification, see regulation 83 of the Emergency (Principal) Regulations (Cap. 241, sub. leg.).





(c)a sum equal to the cost of making good any damage to the vessel,
vehicle or aircraft not resulting in a total loss thereof, which may
have occurred during the said period (except in so far as the
damage has been made good during that period by a person acting
on behalf of the Governor), no account being taken of fair wear
and tear; and
(d)in a case where, during the period of the requisition, a total loss
of the vessel, vehicle or aircraft occurs, a sum equal to the value
of the vessel, vehicle or aircraft immediately before the occurrence
of the damage which caused the loss; and
(e)a sum equal to the amount of any expenses reasonably incurred,
otherwise than on behalf of the Governor, for the purpose of
compliance with any directions given on behalf of the Governor
in connexion with the requisition:

Provided that-
(i)in computing for the purposes of sub-paragraph (a) the amount
which might reasonably be expected to be payable for the use
of any vessel, vehicle or aircraft, no account shall be taken of any
appreciation in the value thereof due to the emergency; and

(ii)no compensation shall by virtue of this paragraph be payable in
respect of any loss of, or damage to, any vehicle or aircraft arising
in consequence of war operations, unless it is shown that, at the
time when the loss or damage occurred, the risk of the vehicle
or aircraft being lost or damaged in consequence of war operations
was materially increased by reason of the requisition thereof in
the exercise of emergency powers; and
(iii)no compensation shall by virtue of sub-paragraph (c) be payable
in respect of any damage, if compensation in respect of expenses
incurred for the purpose of making good that damage has accrued
due by virtue of sub-paragraph (b).

(2) Any compensation under sub-paragraph (a) of paragraph (1) shall
be considered as accruing due from day to day during the period for
which the vessel, vehicle or aircraft is requisitioned in the exercise of
emergency powers, and be apportionable in respect of time accordingly,
and shall be paid to the person who, at the time when the compensation
accrues due, is the owner of the vessel, vehicle or aircraft; but this para-
graph shall not operate so as to require the making of payments at
intervals of less than one month.

(3) Where, on the day on which any compensation accrues due by
virtue of sub-paragraph (a) of paragraph (1), a person other than the
owner of the vessel, vehicle or aircraft is, by virtue of a subsisting charter
or contract of hiring, the person who would be entitled to possession of,
or to use, the vessel, vehicle or aircraft but for the requisition, the person
to whom the compensation is paid shall be deemed to receive it as a trustee
for the first-mentioned person.

(4) Any compensation under sub-paragraph (b) or sub-paragraph (c)
of paragraph (1) shall accrue due at the time when the expenses in
respect of which the compensation is payable are incurred, and shall
be paid to the person by whom or on whose behalf those expenses were
incurred; but this paragraph shall not operate so as to require the making
of payments at intervals of less than one month.

(5) Any compensation under sub-paragraph (c) or sub-paragraph (d)
of paragraph (1) shall accrue due at the end of the period of the requisition,
and shall, subject to the following provisions of these regulations, be paid
to the person who is then the owner of the vessel, vehicle or aircraft.





(6) For the purposes of paragraph (1), 'total loss' shall have the same
meaning as it has for the purposes of the law relating to insurance, and
accordingly shall be construed as including constructive total loss; and
upon the payment to any person of any compensation which has become
payable by virtue of sub-paragraph (d) of that paragraph in respect of any
loss, the Crown shall have the same right to take over an interest in
whatever remains of the vessel, vehicle or aircraft, and the same rights
and remedies in and in respect of the vessel, vehicle or aircraft, as it would
have if the payment had been made by the Crown as the insurer under a
contract insuring that person against the loss.

(7) The compensation payable under these regulations in respect of
the acquisition of any vessel, vehicle or aircraft shall he a sum equal to
the value of the vessel, vehicle or aircraft immediately before the acquisi-
tion, no account being taken of any appreciation due to the emergency,
and shall, subject to the following provisions of these regulations, be
paid to the person who is then the owner of the vessel, vehicle or aircraft.

For the purpose of assessing any compensation under this paragraph
in respect of the acquisition of any vessel, vehicle or aircraft, no account
shall be taken of any compensation under sub-paragraph (a) or sub-
paragraph (c) of paragraph (1) which may have become payable in respect
of the requisition of that vessel, vehicle or aircraft

(8) Where, at any time during the period for which a vessel, vehicle
or aircraft is requisitioned on behalf of the Governor in the exercise of
emergency powers-
(a)a written notice stating that the vessel, vehicle or aircraft is to be
treated as acquired on behalf of the Governor is served on the
owner thereof by a person acting on behalf of the Governor; or
(b) the vessel, vehicle or aircraft is sold on behalf of the Governor,
then, for the purposes of this regulation, the vessel, vehicle or aircraft
shall be deemed to have been acquired on behalf of the Governor in the
exercise of emergency powers immediately before the day on which the
said notice was served or, as the case may be, the day on which the
vessel, vehicle or aircraft was so sold, and the period of requisition shall
be deemed to have ended at the time when the acquisition of the vessel,
vehicle or aircraft as aforesaid is deemed by virtue of this paragraph to
have been effected.

(9) Where there is effected such a sale of any vessel, vehicle or air-
craft as is referred to in sub-paragraph (b) of paragraph (8), the person
by whom the sale was effected shall, as soon as may be thereafter, serve a
written notice of the sale on the person who for the time being would
be the owner of the vessel, vehicle or aircraft but for the sale thereof as
aforesaid.

7. (1) The compensation payable under these regulations in respect
of any requirement that any space or accommodation in a ship or an air-
craft be placed at the disposal of any authority shall be the aggregate of
the following sums, that is to say-
(a)a sum equal to the amount which might reasonably be expected
to be payable for the use of that space or accommodation during
the period for which it is at the disposal of the authority by virtue
of that requirement, no account being taken of any appreciation
of values due to the emergency; and
(b)a sum equal to the amount of any expenses reasonably incurred,
otherwise than on behalf of the Governor, for the purpose of
compliance with any directions given on behalf of the Governor
in connexion with the said requirement.





(2) Any compensation under sub-paragraph (a) of paragraph (1) shall be
considered as accruing due from day to day during the period for which the space or
accommodation remains at the disposal of the authority at whose disposal it was
required to be placed, and be apportionable in respect of time accordingly, and shall
be paid to the person who, at the time when the compensation accrues due, is the
owner of the ship or aircraft; but this paragraph shall not operate so as to require
the making of any payment before the end of the said period.

(3) Where, on the day on which any compensation accrues due by virtue of sub-
paragraph (a) of paragraph (1), a person other than the owner of the ship or
aircraft is, by virtue of a subsisting charter or contract of hiring, entitled to
possession of, or to use, the ship or aircraft, or is, by virtue of a subsisting contract,
the person who would be entitled to use the space or accommodation but for the
requirement in respect of which the compensation is payable, the person to whom
the compensation is paid shall be deemed to receive it as a trustee for the first-
mentioned person.

(4) Any compensation under sub-paragraph (b) of paragrapli'(1) shall accrue
due at the time when the expenses in respect of which the compensation is payable
are incurred, and shall be paid to the person by whom or on whose behalf those
expenses were incurred.

8. (1) Subject to the provisions of paragraph (2), the compensation payable
under these regulations in respect of the requisition or acquisition of any goods
shall be a sum equal to the price which the person who, immediately before the
requisition or acquisition, was the owner of the goods might reasonably have been
expected to obtain upon a sale of the goods then effected by him, regard being had
to the condition of the goods at the time and no account being taken of any
appreciation in the value of the goods due to the emergency.

(2) Any compensation under paragraph (1) shall not-

(a)in a case where the owner of the goods immediately before the requisition
or acquisition, was a person who had produced the goods with a view to
the sale thereof, exceed the aggregate of

(i) the cost reasonably incurred by that person in producing the goods;
and

(ii) the profit which he might reasonably have been expected to make
on a sale of the goods effected by him inunediately before the requisition
or acquisition; or

(b)in a case where the owner of the goods, immediately before the
requisition or acquisition, was some person other than the producer of the
goods, and the goods had been bought by that person with a view to the
sale thereof, exceed the aggregate of

(i) the price which it was reasonable for him to pay for the goods when
they were so bought by him; and

(ii) the profit which he might reasonably have been expected to make
on a sale of the goods effected by him immediately before the requisition
or acquisition,

and, in assessing such compensation in any other case, no account shall be taken of
any profit which might be expected to be made on a sale of the goods:

Provided that if, at the time when any goods are requisitioned or acquired on
behalf of the Governor in the exercise of emergency powers, the price or
maximum price at which such goods may be sold is fixed by law, this paragraph
shall not be taken to authorize the assessment, by





way of compensation under paragraph (1) in respect of the requisition or
acquisition, of a sum exceeding that price or maximum price, as the case
may be.

In the preceding provisions of this paragraph the reference to a person
who had produced the goods with a view to the sale thereof, and the
reference to the producer of the goods, shall be construed as including a
reference to his personal representative or any person carrying on business
in succession to him by virtue of any assignment or transmission by opera-
tion of law.

(3) The compensation payable under these regulations in respect of
the requisition or acquisition of any goods shall include a sum equal to
the amount of any expenses reasonably incurred, otherwise than on behalf
of the Governor, for the purpose of compliance with any directions given
on behalf of the Governor in connexion with the requisition or acquisition.

(4) Any compensation under paragraph (1) shall accrue due at the
time of the requisition or acquisition of the goods, and shall, subject to
the following provisions of these regulations, be paid to the person who
is then the owner of the goods.

(5) Any compensation under paragraph (3) shall accrue due at the
time when the expenses in respect of which the compensation is payable
are incurred and shall be paid to the person by whom or on whose behalf
those expenses were incurred.

TRIBUNALS FOR DETERMINING DISPUTES.

9. Any dispute as to whether any compensation is payable under
these regulations, or as to the amount of any compensation so payable,
shall, in default of agreement, be referred to and determined by such
tribunal or tribunals as the Governor may appoint, and the decision of
that tribunal shall be final:

Provided that at any stage in proceedings before it the tribunal may,
and, if so directed by the Supreme Court, shall, state in the form of a
special case for the opinion of that court any question of law arising in
the course of the proceedings.

10. (1) Without prejudice to the provisions of regulation 3, it shall
be lawful for the Deputy Colonial Secretary in any particular case by
writing under his hand to certify that the question whether compensation
is payable under these regulations as modified by the Compensation
(Defence) Modification Regulations in the Second Schedule, or as to the
amount of any such compensation is of concern to such department of
Her Majesty's Government in the United Kingdom as he shall specify.

(2) In any case in which a certificate as aforesaid has been given the
specified department of Her Majesty's Government shall be entitled to dis-
pute the question as to whether any and if so, what compensation shall
be payable and shall be a proper party to any dispute under regulation 9
and to any proceedings connected therewith.

11. There shall be paid out of the revenues of the Colony-
(a)to any member of a tribunal constituted under these regulations
such remuneration (if any) as the Governor in Council may
determine in his case; and
(b)the amounts necessary to defray such expenses of the tribunals
constituted under these regulations as the Governor in Council
may approve.





12. (1) Each of the tribunals constituted under these regulations shall have the
following powers, that is to say

(a)to make, with the concurrence of the Governor, rules ptescribing the
procedure for notifying, presenting and hearing claims and all matters
incidental thereto;

(b)to order persons to attend and give evidence, and to produce and give
discovery and inspection of documents, in like manner as in proceedings
in the Supreme Court;

(c)to award and assess, or direct the assessment of, such sums by way of
costs as the tribunal in its discretion thinks just, and in particular to award
costs to an unsuccessful claimant where such an award appears to the
tribunal to be justified on the merits of the case;

(d)to call in the aid of one or more assessors specially qualified, and hear any
claim wholly or partly with their assistance.,

(e)to appoint an expert or experts to report on any matter material to the
hearing of any claim;

to determine, subject to the approval of the Governor in Council, the
remuneration, if any, of such assessors and experts.

(2) Rules made in pursuance of sub-paragraph (a) of paragraph (1) may
contain provisions authorizing a tribunal to take into consideration any matter
which the tribunal considers relevant to the subject of the inquiry before it,
notwithstanding that the matter is not admissible in evidence under the law relating
to evidence.

(3) The Supreme Court shall have, for the purposes of and in relation to any
proceedings under these regulations, the same power of making orders in respect of
any of the matters specified in sub-paragraph (b) of paragraph (1) as it has for the
purpose of and in relation to an action or matter in that court.

GENERAL AND SUPPLEMENTARY PROVISIONS.

13. Any compensation under these regulations shall carry interest, as from the
date on which it accrues due until payment, at such rate not exceeding five per cent
per annum as the Governor in Council may from time to time prescribe by
notification in the Gazette:

Provided that any compensation under these regulations payable to the
Custodian as defined in Proclamation No. 10 of 1945, or to the Custodian of
Enemy Property appointed under the Enemy Property (B.M.A_) Ordinance, shall
carry interest limited to the period from the date on which it accrues due until the
date on which the Custodian or the Custodian of Enemy Property (as the case may
be) notifies the competent authority of the amount of compensation due.

14. No claim for any compensation under these regulations shall be
entertained unless notice of the claim has, in such form and manner as may be
prescribed, been given to the prescribed authority within the period of six months,
or such longer period as the Governor in Council may, either generally or in
relation to any particular claim or class of claims, allow, beginning in either case
with the date on which the compensation accrues due or the date of the making of
these regulations, whichever is the later.

Note: Rate of interest is two per cent, see G.N. 322147.





15. (1) No person shall, by virtue of these regulations, be entitled to
compensation in respect of the acquisition on behalf of the Governor of any
qprrency, gold or securities.

(2) No compensation shall, by virtue of these regulations, be payable to any
person in respect of any loss of, or damage to property, if and so far as that person
has become entitled, apart from the provisions of these regulations, to recover any
sum by way of damages or indemnity in respect of that loss or damage or is, at the
time of the occurrence of the loss or damage, required under any contract with the
Crown to be insured in respect thereof.

16. In a case where any property in respect of the requisition or acquisition of
which compensation is required by the preceding provisions of these regulations to
be paid to the person who is the owner of the property immediately before the
requisition or acquisition, is then in the possession of some other person by virtue
of a hire-purchase agreement, that person may, by a notice given in the prescribed
form and manner to the prescribed authority, within the period limited by these
regulations in relation to the making of any claim by the owner for payment of the
compensation, make a claim to have apportioned to him such part of the
compensation as may be specified in his claim; and, in default of agreement
between the parties, the last-mentioned claim shall be referred to the tribunal
constituted under these regulations which has jurisdiction in the matter of any such
claim by the owner, and thereupon that tribunal may apportion the compensation
between the owner and the other person in such manner as appears to it to be just.

17. Where any sum by way of compensation is paid in accordance with any
provisions of these regulations requiring compensation to be paid to the owner of
any property, then, if at the time when the compensation accrues due, the
property is subject to any mortgage. pledge, lien or other similar obligation, the
sum so paid shall be deemed to be comprised in that mortgage, pledge, lien or other
obligation.

18. The provisions of these regulations shall be without prejudice to any
agreement for the making of any payment (whether by way of compensation or
otherwise) in respect of the doing of anything on behalf of the Governor in the
exercise of emergency powers; but, where compensation in respect of the doing of
anything as aforesaid would, apart from this regulation, be payable both under these
regulations and under some other enactment or rule of law, then, subject to any
such agreement as aforesaid, the compensation shall be payable in accordance with
these regulations and not otherwise.

19. Any notice which by these regulations is required or authorized to be
served on any person may be served by post.

20. The rules in-

(a)Appendix 1 shall be deemed to have been made under regulation 14;

(b)Appendix II shall be deemed to have been made under subparagraph (a) of
paragraph (1) of regulation 12,

and shall be in force except in so far as they may be amended in the case of the
rules in

(i) Appendix I by the Governor in Council;

(ii)Appendix II by the Shipping Claims Tribunal with the concurrence
of the Governor.





APPENDIX I. [r. 14.]

COMPENSATION (DEFENCE) NOTICE OF CLAIM RULES.

(Compensation (Defence) Regulations, regulation 14).

[4th March, 1955.]

1. These rules may be cited as the Compensation (Defence) Notice of Claim
Rules.

2. (1) Claims for compensation under the Compensation (Defence)
Regulations in respect of the requisition of vessels shall be made by notice in
accordance with the form specified in the Schedule hereto.

(2) Every such notice of claim shall be signed by the claimant or by a person
duly authorized by the claimant on his behalf and shall be delivered to the Attorney
General.

SCHEDULE.

FORM.

COMPENSATION (DEFENCE) REGULATIONS.

Requisition No.

(N.B.-This form should be completed in duplicate and both
copies sent to the Attorney General).

NOTICE OF CLAIM UNDER REGULATIONS 3 AND 6 IN RESPECT OF
THE
REQUISITION OF A VESSEL.

(1) Name of claimant
Address
Business or description

(2)Nature of claimant's interest in the
vessel; if claiming under charter
giving particulars

(3) Name and address of owner,
if other than claimant

(4) Description of vessel requisi-
tioned stating-

(a) Name

(b) Official number, if any

(c) Where registered

(d) Registered tonnage

(e) Type and build

(f) Year when built

(5) Date and reference number of
requisition





(6)Particulars of any mortgage,
lien, or other similar obliga-
tion to which the vessel was
subject, stating the names and
addresses of the persons
entitled thereto

(7)Particulars of claim under
regulation 6(1): -
(i) under paragraph (a);
(ii) under paragraph (b);
(iii) under paragraph (c) stat-
ing date of damage;
(iv)under paragraph (d) stat-
ing date of occurrence of
damage causing loss;
(v)under paragraph (e) giving
particulars of directions.

Dated the day of 19
Signature of claimant
Name and address of solicitor (if any).





APPENDIX II.
SHIPPING CLAIMS TRIBUNAL RULES.

ARRANGEMENT OF RULES.

Rule........................................ Page.

1. Citation ................................... ... ... ... ... ... ... ... 18

2. Interpretation........................ ... ... ... ... ... ... ... ... 18

3. Notice of application to the Tribunal ...... ... ... ... ... ... ... 18

4. Service of notice of application ........... ... ... ... ... ... ... 18

5. Points of Claim ............................ ... ... ... ... ... ... 18

6. Notice of Claim to be given to interested parties ... ... ... ... is

7. Statement of offer made by the Government to be filed by claimant 19

8. Particulars of Points of Claim ............. ... ... ... ... ... ... 19

9. Points of Defence .......................... ... ... ... ... ... 19

10......................Particulars of Points of Defence ... ... ... ... ... ... ... ... 19

11. Statement by the Attorney General of offer previously made to claimant 20

12...............................Filing by the Attorney General of such statement ... ... ... ... 20

13. Offer made by Attorney General after reference of dispute to Tribunal 20

14......................Points of Reply and Rejoinder ... ... ... ... ... ... ... --- 20

15.................Amendment of pleadings ..... ... ... ... ... ... ... ... ... ... 20

16......................Fixing date and place of hearing ... ... ... ... ... ... ... ... 21

17...........................Preliminary hearing at instance of Tribunal .. ... ... ... ... ... 21

18....................Manner of giving evidence ... ... ... ... ... ... ... ... ... 21

19...............Affidavit evidence ........... 1 . ... ... ... ... ... ... ... 21

20........................Power to receive inadmissible evidence ... ... ... ... ... ... ... 21

21....................................Notification of intention to adduce inadmissible evidence ... ... 21

22....................Notice to admit documents ... ... ... ... ... ... ... ... ... 22
23....................Notice to produce documents ... ... ... ... ... ... ... ... 22
24....................Notice to admit facts ... ... ... ... ... ... ... ... ... 22

25....................................Orders to attend and give evidence or to produce documents ... ... 22

26..................................Withdrawal or settlement of dispute referred to Tribunal ... ... ... 22
27. Deposit of documents for use of Tribunal 22

28. Extension of time ... ... ... ... ... ... ... ... ... ... ... ... 22

29. Application for directions ... ... ... ... ... ... ... ... ... ... 22

30. Procedure for hearing summonses ... .. ... ... 22

31. Concurrent hearings ... ... ... ... ... ... ... ... ... ... ... ... 23







32. Procedure in case of death, etc., of claimant ... ... ... ... ... ... 23

33. Service by post ... ... ... ... ... ... ... ... ... ... ... ... ... 23

34. Statements filed under rules 7, 11 and 13 not to be disclosed to Tribunal 23

35. Right of audience ... ... --- ... ... ... ... ... ... ... 23

36. Non-compliance with rules ... ... ... ... ... ... ... ... ... ... 23

37. Mode of giving decision of Tribunal ... ... ... ... ... ... ... ... 24

38. Costs ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 24

Schedule. Forms ... 1 .. ... ... ... ... ... ... 1 . ... ... ... ... ... 24





APPENDIX II. [r. 12(1 Xa).]

SHIPPING CLAIMS TRIBUNAL RULES.

(Compensation (Defence) Regulations, regulation 12O(1)(a)).

[20th April, 1956.1

1. These rules may be cited as the Shipping Claims Tribunal Rules.

2. In these rules, unless the context otherwise requires-

'Registrar' means the Registrar of the Supreme Court;

'Registry' means the Registry of the Supreme Court;

'regulations' means the Compensation (Defence) Regulations;

'Tribunal' means the Shipping Claims Tribunal.

3. Where a dispute has arisen whether compensation is payable under the
regulations in respect of the requisition of vessels or as to the amount of
compensation so payable, and such dispute has not been settled by agreement, and
either the person claiming compensation hereinafter referred to as the claimant or
the Government is desirous of referring such dispute to the Tribunal for
determination, the following procedure shall be adopted.

(a)Where the claimant is desirous of referring such dispute to the Tribunal he
shall give notice to the Registrar of his intention so to do on Form A in
the Schedule to these rules.

(b)Where the Government is desirous of referring such dispute to the
Tribunal, the Attorney General shall give notice to the Registrar of his
intention so to do on Form B in the Schedule to these rules.

Where either the claimant or the Attorney General gives such notice as aforesaid
(hereinafter referred to as the notice of application) the notice of application shall
be sent in duplicate to the Registrar by the claimant or the Attorney General as the
case may be, accompanied by two copies of the notice of claim previously sent by
the claimant to the Attorney General in accordance with the Compensation
(Defence) Notice of Claim Rules.

4. The Registrar shall upon receipt by him of the notice of application given
by the claimant or the Attorney General forthwith send to the Attorney General
or to the claimant, as the case may be, a copy of such notice of application.

5. Within fourteen days of the filing by the claimant of his notice of
application or within twenty-one days of the claimant being served by the
Registrar with a copy of the notice of application filed by the Attorney General,
the claimant shall file Points of Claim. Such Points of Claim shall clearly state
with reasonable particularity all relevant facts relied upon by the claimant in
support of his claim as well as the amount of compensation claimed by the
claimant showing so far as is practicable the amount claimed under the several
provisions of the regulations. Two copies of the Points of Claim signed by or on
behalf of the claimant shall be delivered to the Registrar one of which shall he filed
and the other shall be delivered by the Registrar to the Attorney General.

6. Within fourteen days of the filing by the claimant of his notice of
application or within twenty-one days of the claimant being served by the
Registrar with a copy of the notice of application filed by the Attorney





General the claimant shall give notice in writing to (a) any person for whom the
claimant may by reason of the provisions of regulation 6(3) of the regulations be
deemed to hold as trustee any sum which may become payable by reason of any
order of the Tribunal, or to (b) any person in whose mortgage lien or other similar
obligation any sum which may become payable by reason of any order of the
Tribunal shall be deemed to be comprised pursuant to the provisions of regulation
17 of the regulations, of his application to the Tribunal or of the application of the
Attorney General, as the case may be. Two copies of such notice shall be delivered
to the Registrar after such notice has been given one of which shall be filed and the
other shall be delivered by the Registrar to the Attorney General. Any person upon
whom notice is served or any person upon whom notice ought to have been served
pursuant to this rule may after notifying the claimant and the Attorney General of
his intention so to do at any time apply to the Registrar for leave to appear before
the Tribunal and upon such application the Registrar may, if satisfied that such
appearance is necessary for the complete and effectual determination of any
dispute referred to the Tribunal, give any such person leave to appear upon such
terms as he thinks fit and may make such order for directions as may be necessary.

7. The claimant or the Attorney General, as the case may be, shall file,
together with the notice of application, a statement in writing setting out the
maximum sum (if any) offered to the claimant by the Government immediately
prior to the reference of the dispute to the Tribunal, by way of compensation for
the requisition in respect of which his claim is made. Such statement shall be filed
with the Registrar in duplicate and one copy shall be forwarded by the Registrar to
the Attorney General or to the claimant as the case may require.

8. If upon receipt by the Attorney General of the claimanfs Points of Claim
the Attorney General is of opinion that the Points of Claim do not set out all
reasonable particulars of the facts relied upon, the Attorney General may request
the claimant to supply such particulars, and, if the claimant declines to supply such
particulars, the Attorney General may apply to the Registrar for an order that the
claimant shall supply such particulars within such time as the Registrar may think
fit and that delivery of Points of Defence by the Attorney General be postponed
until such order is obeyed. Upon such application the Registrar shall make such
order as he thinks fit.

9. Within twenty-one days of the filing of the Points of Claim by the
claimant, the Attorney General shall file Points of Defence. Such Points of
Defence shall clearly state which facts set out in the Points of Claim are admitted
and which are denied or not admitted and shall further set out with reasonable
particularity such relevant facts as are relied upon by the Government by way of
defence to the claimant's claim. Two copies of the Points of Defence signed by or
on behalf of the Attorney General shall be delivered to the Registrar of which one
shall be filed and the other shall be delivered by the Registrar to the claimant.

10. If the claimant upon receipt of the Points of Defence delivered by the
Attorney General is of opinion that such Points of Defence do not state with
reasonable particularity all the facts relied upon by the Government and if the
Attorney General, after being requested by the claimant to supply such particulars
as the claimant may require, declines so to do, the claimant may apply to the
Registrar for an order that the Attorney General do deliver such particulars and
upon such application the Registrar may make such order as he thinks fit.





11. If upon receipt by the Attorney General of the statement filed
by the claimant in accordance with rule 7 hereof, the Attorney General
is not satisfied that such statement accurately sets out the maximum offer
made by the Government to the claimant, the Attorney General shall file
with the Points of Defence a statement in writing giving the accurate
maximum figure offered. If the claimant upon receiving the statement
filed by the Attorney General in accordance with rule 7 hereof is not
satisfied that such statement accurately sets out the maximum offer made
by the Government to the claimant, the claimant shall, within fourteen
days from the receipt of such statement, file with the Registrar a statement
in writing giving the accurate maximum figure offered. In the absence of
any statement filed by the Attorney General or the claimant in accordance
with this rule or of any further statement filed in accordance with rule
13 hereof, the statement filed by the claimant or the Attorney General as
the case may be in accordance with rule 7 hereof shall unless the contrary
be shown be accepted as accurate.

12. Two copies of the statement referred to in rule 11 hereof (if any)
shall be delivered to the Registrar of which one shall be filed and the
other shall be delivered forthwith by the Registrar to the claimant or to
the Attorney General, as the case may be.

13. Nothing in these rules shall prejudice the right of the Attorney
General at any time after the reference of any dispute to the Tribunal
to serve on the claimant an offer in writing in full settlement of such
dispute, either by way of increasing any offer made before the reference
to the Tribunal or where no such offer has been made previously, by way
of an offer made for the first time. Where an offer is made by the
Attorney General in accordance with this rule, the claimant may within
seven days from the service thereof serve a notice of acceptance on the
Attorney General and in that event may apply to the Registrar for an order
directing that his costs of the reference up to the date of the acceptance
of the offer may be taxed and paid by the Government and upon the
hearing of such application the Registrar shall make such order as he
thinks fit. Where an offer is made by the Attorney General in accordance
with this rule and is not accepted by the claimant within such seven days,
the Attorney General shall file with the Registrar a statement in writing
setting out the sum so offered to the claimant, the date on which such
offer was served and the fact that such offer has not been accepted by
the claimant. Such statement shall be filed with the Registrar in quadrupli-
cate and one copy shall be forwarded by the Registrar to the claimant.

14. Where the claimant desires to deliver Points of Reply, application
shall be made to the Registrar within seven days from the date of the
delivery of the Points of Defence by the Attorney General for leave so
to do and the Registrar upon such application shall make such order as
he thinks fit. Where Points of Reply have been delivered in accordance
with this rule and the Attorney General desires to deliver Points of
Rejoinder, application shall be made to the Registrar within seven days
from the date of the delivery of Points of Reply by the claimant and
the Registrar upon such application shall make such order as he thinks fit.

15. Either the claimant or the Attorney General may at any time
apply to the Registrar for leave to amend any pleadings delivered pursuant
to these rules and upon such application the Registrar may make such
order upon such terms as he thinks fit and all such amendments shall be
made as may be necessary for the purpose of determining the real questions
at issue between the claimant and the Government.





16. At any time either the claimant or the Attorney General, may
apply to the Registrar for an order fixing the date and place for the
hearing and determination of the dispute or for the preliminary hearing
of any point of law or any other matter which may conveniently be
disposed of on such preliminary hearing and upon such application the
Registrar shall make such order as he thinks fit.

17. If it appears to the Tribunal at any time before the hearing that
it will be to the advantage of the parties that a preliminary hearing should
be held for the purpose of determining the mode of conducting the hearing,
fixing or altering the place of hearing, considering whether one or more
claims referred to the Tribunal shall be heard concurrently, ascertaining
any question of law which the Tribunal may or may be required to state
in the form of a special case for the opinion of the Supreme Court pursuant
to the provisions of regulation 9 of the regulations, or for any other purpose
whatsoever, the Tribunal shall have power to hold such hearing upon giving
notice thereof to the parties and may at such hearing make such order as
the Tribunal shall in all the circumstances think fit:

Provided that no preliminary hearing shall he ordered pursuant to the
provisions of this rule unless and until any party affected by any proposed
preliminary hearing shall have been notified of the proposal and shall have
been given an opportunity of objecting to the same.

18. The Tribunal shall have power to examine persons upon oath or
otherwise.

19. Where either the claimant or the Attorney General is desirous
of proving certain facts by affidavit in lieu of oral evidence, application
shall be made to the Registrar for leave so to do stating those facts which
it is desired to prove by affidavit and the Registrar if satisfied that affidavit
evidence can properly be adduced may make an order allowing such facts
to be proved by affidavit upon such terms as he shall think fit:

Provided that where it appears to the Registrar that either the claimant
or the Attorney General reasonably desires the production of a witness
for cross examination and that such witness can be produced, an order
shall not be made authorizing the evidence of such witness to be given
by affidavit.

20. The Tribunal shall have power to take into consideration any
matter which it may consider relevant to the subject of the inquiry before
it notwithstanding that the matter is not admissible in evidence under the
law relating to evidence.

21. If either party desires to adduce any evidence or to read any
document .(including any certificate or statement signed by any person)
before the Tribunal which but for the provisions of regulation 12(2) of
the regulations would not be admissible in evidence, such party shall, not
later than fourteen days before the date of the hearing, give notice in
writing to the other party and to the Registrar of his intention so to do,
stating the nature of such evidence and specifying the documents which it
is desired to read and shall at the request of the other party supply him with
copies of such documents. But the Tribunal if satisfied that compliance
with the foregoing provisions of this rule was not reasonably practicable
in all the circumstances, or that compliance could without undue hardship
be dispensed with, may permit any evidence to be adduced or any docu-
ment to be read at the hearing upon such terms as shall seem just, not-
withstanding that the party desirous of adducing or reading the same
has not complied with the said provisions.





22. Either party may give to the other party notice in writing to admit any
documents saying all just exceptions and in case of refusal or neglect to admit after
such notice, the cost of proving such documents shall be paid by the party so
neglecting or refusing, unless the Tribunal otherwise orders.

23. Either party may give to the other party a notice in writing to produce at
the hearing any document to which reference is made in any pleading or list of
documents filed by such other party: and if such notice is not complied with,
secondary evidence of the contents of such documents may be given by or on
behalf of the party who gave such notice.

24. Either party shall not less than fourteen days before the date of the
hearing be entitled to give notice to the other party requiring him to make any
admissions of fact which such party shall deem to be necessary and if the party to
whom such notice is given refuses to admit such facts, the party giving such notice
shall be entitled to the costs of proving such facts in evidence before the Tribunal,
unless the Tribunal otherwise orders.

25. An order directing any person to attend and give evidence or to produce
documents shall be in the form contained in the Schedule to these rules with such
variation as circumstances may require. Any party desiring such an order shall issue
the same from the Registry and such order shall be signed by the Registrar. The
order shall contain the name of one person only and shall be served personally or
by post a reasonable time before the date fixed for hearing. Every order issued
pursuant to this rule shall be of no validity unless served upon the person named
therein within twelve weeks from the date of the order.

26. When after any dispute has been referred to the Tribunal by the claimant
or the Attorney General, such dispute is settled or the notice of application to the
Tribunal is withdrawn, the claimant or the Attorney General, as the case may be,
shall give immediate notice thereof to the Registrar.

27. Not less than seven days before the date fixed for the hearing the claimant
shall deposit with the Registry three copies of every document required by these
rules to be filed with the Registrar together with three copies of any affidavits or
other documents which he intends to adduce in evidence whether in accordance
with the provisions of rules 19, 20 and 21 hereof or otherwise (including any
agreed correspondence) and the Attorney General shall deposit three copies of any
affidavits or other documents which he intends to adduce in evidence in accordance
with the provisions of rules 19, 20 and 21 hereof.

28. The times within which any act is to he done as prescribed by these rules
may be extended by consent of the parties or by the Registrar upon application to
him for that purpose. Time for the purposes of these rules shall be calculated in the
same manner as provided for in the Code of Civil Procedure, Order 29, rules 13, 14
and 15.

29. At any stage of the proceedings before the Tribunal, application may be
made to the Registrar for directions relating to any other matter incidental to the
notification, presentation and bearing of disputes before the Tribunal not otherwise
expressly dealt with in these rules and upon such application the Registrar may
make such order as he thinks fit.

30. All applications to the Registrar shall be made to him by summons
issued from the Registry in the form contained in the Schedule to these rules
returnable on four days' notice and the costs of any application





shall be determined by the Registrar as he may think fit, but the Registrar shall at
the request of either party made either at the hearing of the application or within
such time (not being less than four days) as the Registrar may fix at the hearing of
the application adjourn the hearing of any application to the Tribunal for further
hearing and determination and the Tribunal shall at the hearing of such application
make such order and shall determine the costs of such application as the Tribunal
shall think fit.

31. When upon the application to the Registrar of any claimant or of the
Attorney General, it appears to the Registrar that a common question of law or of
fact is raised by several disputes referred to the Tribunal, and that it is expedient
that such disputes shall be disposed of together, the Registrar may order,
notwithstanding that the disputes may be with different claimants, that such
disputes shall be heard and determined by the Tribunal concurrently.

32. In the case of the death, bankruptcy or liquidation of the claimant the
Registrar may upon the application of any person, if it be deemed necessary for the
complete settlement of all the questions involved, order that the personal
representatives, trustee in bankruptcy, liquidator or other successor in interest (if
any) of the claimant be made a party to the proceedings before the Tribunal and be
served with notice to appear, on such terms as he may think just for the proper
determination of the dispute before the Tribunal.

33. Where by these rules, any notice is required or authorized to be served or
given or any document is required or authorized to be filed or any communication
is required or authorized to be made or any document transmitted to or by the
Registrar or to or by any party, the same may be done by registered post.

34. The contents of any statement filed in accordance with rule 7, 11 or 13
hereof shall not be disclosed to the Tribunal until after the decision of the Tribunal
is made known. If the Tribunal shall award to any claimant by way of
compensation an aggregate sum equal to or less than the aggregate sum offered to
the claimant by the Government by way of compensation either before or after the
reference of the dispute to the Tribunal, the claimant shall bear the costs of the
reference of the dispute to the Tribunal unless the Tribunal shall order otherwise.

35. In any proceedings before the Tribunal any of the following persons may
address the Tribunal, namely

(a)any party to the proceedings, provided that such party is not a company
incorporated under the Companies Ordinance or other corporate body. A
company or other corporate body shall be represented by a solicitor
acting on its behalf or by a barrister retained on its behalf;

(b)in the case of the Attorney General, a legal officer as defined by the
Legal Officers Ordinance;

(c) a barrister retained by or on behalf of any party;

(d)a solicitor or any member of a firm of solicitors acting generally in the
proceedings for a party thereto, but not a solicitor retained as an
advocate by a solicitor so acting.

36. Non-compliance with any of these rules shall not render void any
proceedings in any dispute referred to the Tribunal unless the Tribunal or the
Registrar shall so direct, but such proceedings may be set aside either





wholly or in part as irregular or may be amended or otherwise dealt with in such
manner and upon such terms as the Tribunal or the Registrar may direct.

37. After the hearing of any dispute referred to the Tribunal, the Tribunal
may give their decision in writing signed by the members of the Tribunal and it
may be sent or delivered to the claimant and the Attorney General and it shall not
be necessary for the Tribunal to meet merely for the purpose of announcing any
decision:

Provided that where the Tribunal reserve its decision in a dispute referred to
the Tribunal in which an offer has been made by the Government either before or
after the reference of the dispute to the Tribunal, the Tribunal may be informed of
the fact that such an offer has been made before the Tribunal adjourns having
reserved its decision and, in the event of the Tribunal not meeting for the purpose
of giving its decision, either party may apply after the decision of the Tribunal has
been made known for any question of costs which may arise as a result of the
decision of the Tribunal to be set down for argument before the Tribunal.

38. The decision of the Tribunal may include an order as to the costs of the
proceedings and may direct to whom or by whom such costs or any part thereof
shall be paid and in what manner and by whom such costs shall be assessed or taxed.

SCHEDULE. [rules 3, 25 30.]

Notice of Application.

FORM A.

A dispute having arisen between (name and address of claimant) and the
Government as to (here state nature of the dispute) and no agreement having been
reached, it is desired to refer the said dispute to the Shipping Claims Tribunal for
hearing and determination.

(Signed by or on behalf of the claimant).

Name and address of claimant.

Name and address of claimant's solicitors (if any).

To the Registrar of the Supreme Court and to the Attorney General.

Dated the day of 19

FORM B.

A dispute having arisen between the Government and (name and address of
claimant) as to (here slate nature of the dispute) and no agreement having been
reached, the Attorney General desires to refer the said dispute to the Shipping
Claims Tribunal for hearing and determination.

(Signed by or on behalf of the Attorney General).

To the Registrar of the Supreme Court, and

to (name and address of claimant and name and address of his solicitors
(if any)

Dated the day of 19





FORM OF SUMMONS.

Shipping Claims Tribunal.

BETWEEN: Claimant
and
Respondent

Let all parties concerned attend the Registrar at the Supreme Court

on the day of 19 at o'clock

in the noon on the hearing of an application on the part
of for
an order that

Dated the day of 19

This summons is taken out by of

(Solicitors for)

TO

ORDER To ATTEND AND GIVE EVIDENCE AND TO PRODUCE
DOCUMENTS.

Shipping Claims Tribunal.

In the Matter of the Compensation (Defence) Regulations, and In the Matter
of proceedings pending before the Shipping Claims Tribunal

between:

Claimant

and

Respondent

To of

You are hereby ordered to attend at

on the day of 19 at

in the noon and so from day to day until the above cause has
been heard to give evidence in the above proceedings on behalf of the
Claimant (the Respondent) (and to bring with you and to produce to the
Tribunal the documents hereinafter specified).

Dated the day of 19

Registrar.

This order is made on the application of





SECOND SCHEDULE. [s. 2(3).]

COMPENSATION (DEFENCE) MODIFICATION REGULATIONS.

[1st April, 1949.1

1. These regulations may he cited as the Compensation (Defence)
Modification Regulations, and shall be read and construed as one with the
Compensation (Defence) Regulations, hereinafter referred to as the principal
regulations.

2. In these regulations, unless the context otherwise requires'building' includes
land occupied or enjoyed together with a building; -designated date' means the 1st
of April, 1949, 'let' does not include a lease by the Crown;

new building' means a building constructed or reconstructed after the 16th of
August, 1945: Provided that in the case of a reconstructed building such
building shall not be deemed to be a new building unless an amount not less
than the equivalent to the standard rent thereof for seven years has been
expended in the reconstruction and repair of any structure forming part of
such building which the Commissioner of Rating and Valuation may consider
to have been reasonably necessary to enable the same to be used as a private
dwelling-house or as business premises;

old building' means any building other than a new building,.

permitted increases' shall mean such increases in or additions to the standard rent
as could lawfully be made if the land possession of which has been taken in
exercise of emergency powers had become or had continued to be the subject
of a tenancy;

'standard rent' has the meaning assigned to it in the Landlord and Tenant
Ordinance: Provided that in the case of a building which was not let
unfurnished until after the 1st of December, 1941; or which was never let
unfurnished prior to possession thereof being taken in exercise of emergency
powers, 'standard rent' shall mean such a rate of rent as would have
constituted a fair rent for the building if let unfurnished immediately before
the 1st of December, 1941.

3. (1) Where possession of any old building has been taken or retained in
exercise of emergency powers after the designated date there shall be substituted for
the compensation payable under sub-paragraph (a) of paragraph (1) of regulation 4
of the principal regulations a sum equivalent to the standard rent of such old
building together with any permitted increases.

(2) Paragraph (1) of this regulation shall apply whether or not such old
building was prior to possession thereof being taken in exercise of emergency
powers the subject of a letting and whether or not the rent thereof was or could
have been controlled under any law.

(3) For the purposes of determining the standard rent of any old building
regard shall be had to the use made of such building or any part thereof
immediately prior to possession thereof being taken in exercise of emergency
powers and, if there was then no user, to the last user and, if it cannot be
ascertained to what use the premises were in fact put, then to the use to which the
building could most readily be put or adapted:

Provided that where an old building or any part thereof has been designed
wholly or primarily as a private dwelling user for any other purpose shall be
ignored unless it has continued for more than a year and





is subsisting at the time that possession of such building is taken. User determined
in accordance with this paragraph is hereinafter referred to as the 'determining
user'.

(4) For the purposes of determining the standard rent any part of an old
building which was in fact the subject of a separate letting or in separate occupation
immediately prior to possession thereof being taken in exercise of emergency
powers shall be treated as constituting separate premises and paragraph (3) of this
regulation shall have effect accordingly.

(5) If the determining user of any old building or any separate premises
therein is user wholly or primarily as a private dwelling such building or premises
shall be deemed to be domestic premises and in every other case shall be deemed to
be business premises to the intent that for the purpose of these regulations and the
principal regulations the meanings hereby assigned to domestic premises and business
premises shall be subsituted for the
definitions contained in the Landlord and Tenant Ordinance and that for such purposes
standard rent together with permitted
increases shall be ascertained accordingly.

(6) Nothing herein contained shall confer any jurisdiction upon a Tenancy
Tribunal and whenever it becomes necessary for the purposes of these regulations
or of the principal regulations to ascertain any standard rent or any permitted
increase or generally to determine the compensation payable by virtue of these
regulations and the principal regulations the same shall in default of agreement be
determined by a tribunal appointed under regulation 9 of the principal regulations.

4. in any case in which possession of a new building has been taken in exercise
of emergency powers after the designated date regulation 4 of the principal
regulations shall apply with the following modifications

(a)The following proviso shall apply in lieu of the proviso at the end of
paragraph (1)-

-Provided that

(i) in computing for the purposes of sub-paragraph (a) the rent
which might reasonably be expected to be payable in respect of any
new building no account shall be taken of any appreciation of values
after the designated date and if such rent would but for this provision
exceed the rent which might reasonably have been expected to be
payable at the designated date there shall be payable only a sum equal
to the rent which might reasonably have been expected to be
payable at the designated date irrespective of whether or not the new
building was constructed or completed after such date; and

(ii) there shall not, by virtue of sub-paragraph (b), be payable
in respect of damage to any land a sum greater than the value of the
land at the time when possession thereof was taken in the exercise
of emergency powers, no account being taken of any appreciation in
the value thereof after the designated date.';

(b.)Paragraphs (6) and (7) shall be deemed to have been repealed and
replaced by the following

'(6) Notwithstanding anything contained in these regulations if
the annual rate of any payment to be made under paragraph (2)
would exceed the rateable value at the time payment should be made
of the land in respect of which it is payable it shall be reduced by
such amount as is required to make the annual rate equal to the
rateable value.'.
Originally 26 of 1946. (Cap. 251, 1950.) 32 of 1948. 19 of 1950. Short title. Continuance in force of the Compensation (Defence) Regulations. First Schedule. (Cap. 1.) Second schedule. G.N. 528/40. G.N. 424/47. 32 of 1948. 19 of 1950. Citation. Interpretation. (S.R. & O. 1939 No. 968.) (Cap. 241.) (Cap. 106.) 1 & 2 Geo. 6, c. 53, s. 21. 26 Geo. 6 & 1 Edw. 8, c. 49, s. 343. (Cap. 281.) Compensation for action taken in the exercise of emergency powers. 32 of 1948, Schedule. Compensation in respect of taking possession of land. Ord. 19 of 1950, Schedule. G.N. 424/47. (Cap. 255.) G.N. 424/47. Compensation in respect of the doing of work on land. Compensation in respect of acquisition of vessels, vehicles and aircraft. Compensation in respect of taking space or accommodation in ships and aircraft. Compensation in respect of requisition or acquisition of goods other than vessels, vehicles and aircraft. Determination of claims by tribunals in default of agreement. 32 of 1948, Schedule. Provision for disputes concerning departments of Her Majesty's Government in the United Kingdom. Second Schedule. Remuneration to tribunals. 32 of 1948, schedule. Incidental powers of tribunals. Appendix II. Interest on compensation. 32 of 1948, Schedule. (B.M.A. Gazette, 12.10.45, p. 14) (Cap. 264.) Limitation of time for claiming compensation. Appendix I. Exclusion of compensation under regulations in certain cases. Provisions as to property subject to hire-purchase agreements. Provisions as to property subject to mortgages. Compensation payable apart from these regulations. Service of notices. Appendices. G.N.A. 23/55. Citation. Notice of claim. G.N.A. 27/56. Citation. Interpretation. First Schedule. Notice of application to the Tribunal. Schedule, Form A. Schedule, Form B. Appendix I. Service of notice of application. Points of Claim. Notice of Claim to be given to interested parties. Statement of offer made by the Government to be filed by claimant. Particulars of Points of Claim. Points of Defence. Particulars of Points of Defence. Statement by the Attorney General of offer previously made to claimant. Filing by the Attorney General of such statement. Offer made by Attorney General after reference of dispute to Tribunal. Points of Reply and Rejoinder. Amendment of pleadings. Fixing date and place of hearing. Preliminary hearing at instance of Tribunal. Manner of giving evidence. Affidavit evidence. Power to receive inadmissible evidence. Notification of intention to adduce inadmissible evidence. Notice to admit documents. Notice of produce documents. Notice to admit facts. Orders to attend and give evidence or to produce documents. Withdrawal or settlement of dispute referred to Tribunal. Deposit of documents for use of Tribunal. Extension of time. Application for directions. Procedure for hearing summonses. Concurrent hearings. Procedure in case of death, etc., of claimant. Service by post. Statement filed under rules 7, 11 and 13 not to be disclosed to Tribunal. Right of audience. (Cap. 32.) (Cap. 87.) Non-compliance with rules. Mode of giving decision of Tribunal. Costs. 19 of 1950, Schedule. Citation. First Schedule. Interpretation. (Cap. 255.) Compensation for possession of old buildings. (Cap. 255.) Compensation for possession of new building.

Originally 26 of 1946. (Cap. 251, 1950.) 32 of 1948. 19 of 1950. Short title. Continuance in force of the Compensation (Defence) Regulations. First Schedule. (Cap. 1.) Second schedule. G.N. 528/40. G.N. 424/47. 32 of 1948. 19 of 1950. Citation. Interpretation. (S.R. & O. 1939 No. 968.) (Cap. 241.) (Cap. 106.) 1 & 2 Geo. 6, c. 53, s. 21. 26 Geo. 6 & 1 Edw. 8, c. 49, s. 343. (Cap. 281.) Compensation for action taken in the exercise of emergency powers. 32 of 1948, Schedule. Compensation in respect of taking possession of land. Ord. 19 of 1950, Schedule. G.N. 424/47. (Cap. 255.) G.N. 424/47. Compensation in respect of the doing of work on land. Compensation in respect of acquisition of vessels, vehicles and aircraft. Compensation in respect of taking space or accommodation in ships and aircraft. Compensation in respect of requisition or acquisition of goods other than vessels, vehicles and aircraft. Determination of claims by tribunals in default of agreement. 32 of 1948, Schedule. Provision for disputes concerning departments of Her Majesty's Government in the United Kingdom. Second Schedule. Remuneration to tribunals. 32 of 1948, schedule. Incidental powers of tribunals. Appendix II. Interest on compensation. 32 of 1948, Schedule. (B.M.A. Gazette, 12.10.45, p. 14) (Cap. 264.) Limitation of time for claiming compensation. Appendix I. Exclusion of compensation under regulations in certain cases. Provisions as to property subject to hire-purchase agreements. Provisions as to property subject to mortgages. Compensation payable apart from these regulations. Service of notices. Appendices. G.N.A. 23/55. Citation. Notice of claim. G.N.A. 27/56. Citation. Interpretation. First Schedule. Notice of application to the Tribunal. Schedule, Form A. Schedule, Form B. Appendix I. Service of notice of application. Points of Claim. Notice of Claim to be given to interested parties. Statement of offer made by the Government to be filed by claimant. Particulars of Points of Claim. Points of Defence. Particulars of Points of Defence. Statement by the Attorney General of offer previously made to claimant. Filing by the Attorney General of such statement. Offer made by Attorney General after reference of dispute to Tribunal. Points of Reply and Rejoinder. Amendment of pleadings. Fixing date and place of hearing. Preliminary hearing at instance of Tribunal. Manner of giving evidence. Affidavit evidence. Power to receive inadmissible evidence. Notification of intention to adduce inadmissible evidence. Notice to admit documents. Notice of produce documents. Notice to admit facts. Orders to attend and give evidence or to produce documents. Withdrawal or settlement of dispute referred to Tribunal. Deposit of documents for use of Tribunal. Extension of time. Application for directions. Procedure for hearing summonses. Concurrent hearings. Procedure in case of death, etc., of claimant. Service by post. Statement filed under rules 7, 11 and 13 not to be disclosed to Tribunal. Right of audience. (Cap. 32.) (Cap. 87.) Non-compliance with rules. Mode of giving decision of Tribunal. Costs. 19 of 1950, Schedule. Citation. First Schedule. Interpretation. (Cap. 255.) Compensation for possession of old buildings. (Cap. 255.) Compensation for possession of new building.

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