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The Foreign Compensation (People's Republic of China) (Registration) Order 1980

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PART IGENERAL

Citation and commencement

1.  This Order may be cited as the Foreign Compensation (People's Republic of China) (Registration) Order 1980 and shall come into operation on 5th January 1981.

Interpretation

2.  In this Order:—

“Applicant” means the person by or on whose behalf the application under Article 3 of this Order is made;

“Debt” means any debt due or owing from, or a claim for unliquidated damages against, a person, corporation, firm or association (other than a United Kingdom national) resident in the territory or a public authority in the territory, and includes:—

(a)

a balance held at a bank in the territory;

(b)

a pension due from a person, corporation, firm or association (other than a United Kingdom national) resident in the territory or from a public authority in the territory, except a pension in respect of which the applicant is actually in receipt of payments by Her Majesty's Government in the United Kingdom, whether by way of ex gratia loan or otherwise;

(c)

a bond or other document of title in respect of a loan or obligation issued or guaranteed by a public authority in the territory except one denominated in a currency other than a Chinese currency;

“Material time” means any time at which it is material for the purposes of this Order whether or not a person is a United Kingdom national;

“Property” includes all rights or interests of any kind in property, whether corporeal or incorporeal, movable or immovable, and includes a debt;

“The territory” means the territory which is on the date on which this Order comes into operation controlled by the authorities of the People's Republic of China;

“United Kingdom national” means:—

(a)

Her Majesty's Government in the United Kingdom and the Government of any territory for whose international relations Her Majesty's Government in the United Kingdom are responsible;

(b)

any individual who was at the material time a citizen of the United Kingdom and Colonies, a British subject by virtue of sections 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; except that any individual who was a British subject at any time before the date of the commencement of the said Act of 1948 only by virtue of the provisions of the Act of 1705(1), intituled “An Act for the Naturalization of the Most Excellent Princess Sophia Electress and Duchess Dowager of Hanover and the Issue of Her Body”,shall be deemed not to be a United Kingdom national;

(c)

any corporation, firm or association incorporated or constituted under the laws in force in the United Kingdom or in any territory for whose international relations Her Majesty's Government in the United Kingdom were, at the material time, responsible;

(d)

any individual who as regards any material time after 31st December 1949 and prior to 18th April 1980 was a citizen of Southern Rhodesia or a citizen of Rhodesia and Nyasaland, and any individual who as regards any material time after 31st October 1957 and prior to 17th September 1963 was a citizen of Singapore.

(1)

1705 c 14

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