Japanese Treaty of Peace Order, 1952

Publication Date:January 01, 1952
 
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1952No. 862

PEACE TREATIES

The Japanese Treaty of Peace Order, 1952

29thApril1952

30thApril1952

7thMay1952

At the Court at Windsor Castle, the 29th day of April, 1952

Present,

The Queen's Most Excellent Majesty in Council

Whereas at San Francisco on the eighth day of September, nineteen hundred and fifty-one, a Treaty of Peace with Japan (hereinafter referred to as "the Treaty") and a Protocol thereto (hereinafter referred to as "the Protocol") were signed on behalf of His late Majesty:

And Whereas by Section 1 of the Japanese Treaty of Peace Act, 1951(a), (hereinafter referred to as "the Act") it was provided that His late Majesty might make such appointments, establish such offices, make such Orders in Council and do such things as should appear to Him to be necessary for carrying out the Treaty and Protocol, and for giving effect to any of the provisions thereof, and that any Order in Council made under the Act might provide that persons contravening or failing to comply with the provisions of the Order should be guilty of offences against that Section, and that (except in so far as any such Order might provide for lesser penalties) any person guilty of an offence against that Section should be liable to such penalties as were therein mentioned:

And Whereas the Treaty and Protocol contain the provisions set out in the First Schedule to this Order, and it is expedient for giving effect to the aforesaid provisions of the Treaty and Protocol that the provisions herein contained should have effect:

And Whereas by treaty, grant, usage, sufferance or other lawful means Her Majesty has jurisdiction in the territories specified in the Second Schedule hereto, which territories are in this Order together referred to as "the Protected Territories", and is pleased by virtue and in exercise of the power vested in Her by the Foreign Jurisdiction Act, 1890(b), or otherwise to extend the provisions of this Order to the Protected Territories.

(a) 15 & 15 Geo. 6 & 1 Eliz. 2. c. 6.

(b) 53 & 54 Vict. c. 37.

Now, therefore, Her Majesty, in pursuance of the said Section and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) In this Order

(i) "The Dominions" means Canada, Australia, New Zealand, the Union of South Africa, Pakistan and Ceylon and also includes any territory administered by the Government of any of those Dominions.

(ii) "Japanese person" means

(a) the Japanese State and the Sovereign of Japan;

(b) a Japanese national, that is to say, a subject or citizen of Japan or any body of persons (whether corporate or unincorporate) constituted or incorporated according to the laws of Japan or any of its dependent territories;

(c) any person acting for or on behalf of the Japanese State, the Sovereign of Japan or a Japanese national; or

(d) any body of persons (whether corporate or unincorporate) owned or controlled by the Japanese State, the Sovereign of Japan or a Japanese national.

(iii) "Japanese property" means any property, rights or interests within Her Majesty's dominions (except the Dominions) and the Protected Territories, belonging to a Japanese person and shall include any property, rights or interests which belonged to or were held or managed on behalf of a Japanese person at the time such property, rights or interests became vested in or payable to a Custodian of Enemy Property or otherwise became subject to control by the Board of Trade under the Trading with the Enemy Act, 1939(a), together with the net proceeds of the sale, liquidation or other dealings by a Custodian of Enemy Property with any such property, rights or interests and any income derived by any such Custodian directly therefrom but shall not include

(a) any property, rights or interests specified in sub-paragraph 2 (II) of paragraph (a) of Article 14 of the Treaty or

(b) any property, rights or interests which are the subject of proceedings in any British Prize Court or

(c) any moneys received by a Custodian of Enemy Property by virtue of any investment made by him in pursuance of the powers conferred upon him by the Trading with the Enemy Investment Order, 1940(b).

(iv) "Property, rights and interests" means real and personal property, and any estate or interest in real or personal property, any negotiable instrument, any debt or other chose in action, and any other right or interest, whether in possession or not.

(2) Any reference to the Trading with the Enemy Act, 1939, shall be construed as a reference to that Act as amended by or under any other Act.

(3) The Interpretation Act, 1889(c), applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

2. So far as they are by their nature capable of so doing the provisions of the Treaty and Protocol set out in the First Schedule hereto shall be and have effect as law.

(a) 2 & 3 Geo. 6. c. 89.

(b) S.R. & O. 1940/1113; Rev. XXIII, p. 187; 1940 I, p. 1052.

(c) 52 & 53 Vict. c. 63.

3.—(1) The Board of Trade may, subject to the consent of the Treasury, appoint on such terms as they may specify an Administrator who shall be a corporation sole under the name of the Administrator of Japanese Property and is in this Order referred to as "the Administrator".

(2) The Administrator shall be assisted by such officers and servants as the Board of Trade, subject to the consent of the Treasury, determine and there shall be paid by the Board of Trade to the Administrator and to such officers and servants such salaries or other remuneration as the Treasury may determine.

4.—(1) The Administrator shall act under the general direction of the Board and shall have the powers conferred upon him and the duties imposed upon him by this Order and by any other Order in Council made under the Act and may do all such things as he may consider necessary or desirable for carrying out the powers and duties so conferred and imposed.

(2) The Administrator may sue or be sued in the name of the Administrator of Japanese Property.

(3) The Administrator shall have an official seal and power to hold land without licence in mortmain.

(4) The seal of the Administrator shall be authenticated by the signature of the Administrator or some other person authorised by the Administrator to act in that behalf.

(5) Any contract or instrument which, being entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Administrator by any person generally or specially authorised by him for that purpose.

(6) Any document purporting to be a document duly executed or issued under the seal of the Administrator authenticated as aforesaid or purporting to be signed by the Administrator or any person authorised to act on his behalf, unless the contrary be proved, shall be deemed to be a document so executed or issued or so signed, as the case may be.

5.—(1) Where any right or interest in the estate of a deceased person is Japanese property, the Administrator may act in the administration of the estate, and the Court having jurisdiction to grant letters of administration of the estate may grant such letters to the Administrator by the name of the Administrator of Japanese Property, and, for that purpose, the Court shall consider the Administrator as in law entitled equally with any other person or class of persons to obtain the grant of letters of administration.

(2) The Administrator shall be treated as, and shall have the powers of, a trust corporation for the purposes of the Law of Property Act, 1925(a), the Settled Land Act, 1925(b), the Trustee Act, 1925(c), the Administration of Estates Act, 1925(d), and the Supreme Court of Judicature (Consolidation) Act, 1925(e).

6.—(1) If any person, other than a Custodian of Enemy Property, without the consent of the Administrator transfers, disposes of, or otherwise deals with any Japanese property, he shall be guilty of an offence under Section 1 of the Act, and any such transfer, disposal or dealing shall be void; provided that it shall be a defence for any person charged with an offence under this paragraph to prove that he did not know and had reasonable cause for not knowing that such property was Japanese property or that he had reasonable cause for believing that any necessary consents had been obtained.

(a) 15 & 16 Geo. 5. c. 20.

(b) 15 & 16 Geo. 5. c. 18.

(c) 15 & 16 Geo. 5. c. 19.

(d) 15 & 16 Geo. 5. c. 23.

(e) 15 & 16 Geo. 5. c. 49.

(2) No Japanese property shall be liable to be attached or taken in execution.

7. Every person holding or having the control or management of any Japanese property or owing any debt which is Japanese property (including, when the Japanese property consists of shares, stock or other securities issued by a company, municipal authority or other body, or any right or interest therein, such company, authority or body) shall, unless particulars thereof have already been furnished to a Custodian of Enemy Property in accordance with the Trading with the Enemy Act, 1939, or Orders made thereunder, within three months from the date upon which this Order comes into operation by notice in writing communicate the fact to the Administrator and shall furnish the Administrator with such particulars in relation thereto as the Administrator may require.

8.—(1) If it appears to the Administrator expedient so to do for the purpose of collecting Japanese property or discharging any of his other functions, the Administrator may, by notice in writing—

(a) require any person to produce, at a time and place specified in the notice, to the Administrator, or to any person nominated by him for the purpose, any books or documents specified or described in the notice being books or documents which are in his custody or under his control or

(b) require any person to furnish to the Administrator such returns, accounts or other...

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