Cap. 132 Art. 2Interpretation.

(1) In this Ordinance the following expressions have the meanings hereby respectively assigned to them, that is to say:

"German enemy debt" means -

(a) any sum due at the passing of this Ordinance in respect of an obligation incurred before the 3rd September, 1939, which on that day was an obligation of any of the following persons -

(i) the German State;

(ii) any individual who on that day was a German national resident in Germany;

(iii) any body of persons (whether corporate or unincorporate) which on that day was a body incorporated or constituted in or under the laws of Germany; to any of the following persons -

(iv) the Maltese Imperial Government and the Government of Malta;

(v) any British subject or British protected person resident or carrying on business on that day in Malta;

(vi) any body of persons (whether corporate or unincorporate) which on that day was a body incorporated or constituted under the laws in force in Malta; except that where any person or body of persons specified in sub-paragraph (v) and (vi) hereof carried on business on the said day both in and outside Malta, any sum attributable to the business carried on outside Malta shall be excluded;

(b) any sum, not included in paragraph (a) hereof, being -

*See also the Distribution of German Enemy Property Ordinance (Chapter 139). bond enfaced in accordance with the Supplementary Agreement for the execution of article 2 of the Anglo-German Transfer Agreement of the 1st July, 1938;

(ii) a sum due on the 7th May, 1945, in respect of any bond of the Austrian Government International Loan, 1930, or the Austrian Government Credit Anstalt Bonds, 1936, being a bond enfaced as aforesaid;

(iii) a sum due on the 7th May, 1945, in respect of any bond of the Austrian Government International Guaranteed Loan 1933-53, or the Austrian Government Guaranteed Conversion Loan, 1934-59, which was in the beneficial ownership of a British holder (within the meaning of article 4 of the said Anglo-German Transfer Agreement) on the 1st July, 1938; or

(iv) a sum due at the passing of this Ordinance in respect of any bond of the Konversionskasse 4 per centum Sterling Bonds; "German enemy property" means property which, on such day as may be appointed by an order made under section 3 of this Ordinance is, or at any time thereafter becomes, subject to control under section 8 of the Trading with the Enemy Ordinance, 1939*, being property, or the proceeds or income of property, which on or at any time after the 3rd September, 1939, belonged to, or was held or managed on behalf of -

(a) the German State;

(b) any individual who, on the said 3rd September, 1939, or at any time thereafter was a German national resident in Germany or in any territory under the sovereignty of a State which on or at any time after the said day was at war with His Majesty the King;

(c) any individual who was a German national on or at any time after the said day and -

(i) was included among the persons specified in any order made under subsection (2) of section 3 of the Trading with the Enemy Ordinance, 1939*, or

(ii) was a person whose property became subject to control under section 8 of the said Ordinance at a time when he was not an enemy within the meaning of the said Ordinance;

(d) any body of persons (whether corporate or

*Omitted both in the 1942 Revised Edition and in this Revised Edition since it was war legislation of a temporary nature. unincorporate) which on or at any time after the said day was controlled by any such individual or body as is mentioned in paragraph (b), paragraph (c) or paragraph (d) hereof; "German national" does not include any person who acquired German nationality by reason of the inclusion in the German State after the 1st March, 1938, of any territory not comprised therein on that day;

"Germany" means territory comprised in the German State on the 1st March, 1938;

"Malta" has the same meaning as is assigned to it in section 124 of the Constitution;

"order" means an order made by the President of Malta and published in the Government Gazette;

"property" means immovable or movable property, and includes any estate or interest in immovable or movable property, any money, any negotiable instrument, debt or other right of action or incorporeal movable, and any other right or interest whether in possession or not;

"Trading with the Enemy Ordinance, 1939" means the Trading with the Enemy Ordinance, 1939*, as amended by or under any other Ordinance.

(2) For the purposes of this Ordinance a person who at any time was resident in Germany shall be deemed to have been a German national at that time unless it is proved to the satisfaction of the administrator within such time and in such manner as may be prescribed by an order made under section 3 of this Ordinance, that he was not a German national at that time.

(3) For the purposes of this Ordinance, property which or the right to transfer which, is vested in the Custodian of Enemy Property appointed under section 8 of the Trading with the Enemy Ordinance, 1939*, and property which, by virtue of any order made under the said section 8, cannot be dealt with without the consent of the President of Malta, shall be deemed to be subject to control under the said section 8.