1924
(418) Page 362
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THE CHINA (TKEATY OF PEACE) ORDER IN COUNCIL, 1919
(<?) If any person called upon to pay any money or to transfer or otherwise
to deal with any property rights or interests has reason to suspect
that the same are subject to .such charge as aforesaid, he shall,
before paying, transferring, or dealing with the same, report the
matter to the Custodian, and shall comply with any directions that
, the Custodian may give with respect thereto.
4. All decisions of the Mixed Arbitral Tribunal constituted under Section YI of
Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and,
conclusive, and binding on all courts.
5. For the purpose of enforcing the attendance of witnesses before the Mixed
Arbitral Tribunal, whether sitting in China or not, and compelling the production
before the Tribunal of documents, the Minister shall have power to issue orders'
which shall have the like effect as if the proceedings before the Tribunal were an
action in the court and the order were a formal process issued by that court in the
due exercise of its jurisdiction and shall be enforceable by that court accordingly,
and disobedience to any such order shall be punishable as contempt of court.
6. Sections IV, V, and VI of Part X of the Treaty relating to property rights
and interests, to contracts, prescriptions and judgments, and to the Mixed Arbitral
Tribunal, and all provisions of the said Treaty affecting or relating to the charge
created by this Order shall have full force and effect as law.
7. The time at which the periods of prescription or limitation of right of action
referred to in Article 300 of the Treaty shall begin again, to run shall be at the ex¬
piration of six months after the coming into force of the Treaty, and the period to be
allowed within which presentation of negotiable instruments for acceptance or pay¬
ment, and notice of non-acceptance or non-payment or protest may be made under
Article 301, shall be six months from the coming into force of the Treaty.
8. Pules made during the war by any recognised Exchange or Commercial
Association providing for the closure of contracts entered into before the war by an
enemy, and any action taken thereunder are hereby confirmed, subject to the pro¬
visos contained in paragraph 4 (a) of the Annex to Section V of Part X of the
Treaty.
9. The power under Article 155 of the China Order in Council, 1904, or under
any Order amending the said Order, to make King’s Regulations shall extend to the
issue of regulations for the purpose of enforcing the charge created by this*Order,
and for making such arrangements as may be required for establishing and
assessing the claims and debts for the payment of which the property charged is
rendered liable, and for the payments, in whole or in part, of the sums due.
10. This Order may be cited as the China (Treaty of Peace) Order in
Council, 1919, and shall be read as one with the China Order in Council, 1904,
and with any Order amending the same.
11. This Order shall come into operation on the date when the Treaty of
Peace comes into force.
Almekic Fitzroy.
(<?) If any person called upon to pay any money or to transfer or otherwise
to deal with any property rights or interests has reason to suspect
that the same are subject to .such charge as aforesaid, he shall,
before paying, transferring, or dealing with the same, report the
matter to the Custodian, and shall comply with any directions that
, the Custodian may give with respect thereto.
4. All decisions of the Mixed Arbitral Tribunal constituted under Section YI of
Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and,
conclusive, and binding on all courts.
5. For the purpose of enforcing the attendance of witnesses before the Mixed
Arbitral Tribunal, whether sitting in China or not, and compelling the production
before the Tribunal of documents, the Minister shall have power to issue orders'
which shall have the like effect as if the proceedings before the Tribunal were an
action in the court and the order were a formal process issued by that court in the
due exercise of its jurisdiction and shall be enforceable by that court accordingly,
and disobedience to any such order shall be punishable as contempt of court.
6. Sections IV, V, and VI of Part X of the Treaty relating to property rights
and interests, to contracts, prescriptions and judgments, and to the Mixed Arbitral
Tribunal, and all provisions of the said Treaty affecting or relating to the charge
created by this Order shall have full force and effect as law.
7. The time at which the periods of prescription or limitation of right of action
referred to in Article 300 of the Treaty shall begin again, to run shall be at the ex¬
piration of six months after the coming into force of the Treaty, and the period to be
allowed within which presentation of negotiable instruments for acceptance or pay¬
ment, and notice of non-acceptance or non-payment or protest may be made under
Article 301, shall be six months from the coming into force of the Treaty.
8. Pules made during the war by any recognised Exchange or Commercial
Association providing for the closure of contracts entered into before the war by an
enemy, and any action taken thereunder are hereby confirmed, subject to the pro¬
visos contained in paragraph 4 (a) of the Annex to Section V of Part X of the
Treaty.
9. The power under Article 155 of the China Order in Council, 1904, or under
any Order amending the said Order, to make King’s Regulations shall extend to the
issue of regulations for the purpose of enforcing the charge created by this*Order,
and for making such arrangements as may be required for establishing and
assessing the claims and debts for the payment of which the property charged is
rendered liable, and for the payments, in whole or in part, of the sums due.
10. This Order may be cited as the China (Treaty of Peace) Order in
Council, 1919, and shall be read as one with the China Order in Council, 1904,
and with any Order amending the same.
11. This Order shall come into operation on the date when the Treaty of
Peace comes into force.
Almekic Fitzroy.
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Asian directories and chronicles > 1924 > (418) Page 362 |
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Permanent URL | https://digital.nls.uk/196429343 |
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Description | Volumes from the Asian 'Directory and Chronicle' series covering 1917-1941, but missing 1919 and 1923. Compiled annually from a multiplicity of local sources and research. They provide listings of each country's active corporations, foreign residents and government agencies of all nationalities for that year, together with their addresses. Content includes: various treaties; coverage of conflicts; currencies and taxes; consular fees; weights and measures; public holidays; festivals and traditions. A source of information for both Western states and communities of foreigners living in Asia. Published by Hongkong Daily Press. |
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Shelfmark | H3.86.1303 |
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