JAPANESE TREATY OF PEACE



JAPANESE TREATY OF PEACE
AN ACT TO PROVIDE FOR GIVING EFFECT TO THE TREATY OF PEACE WITH JAPAN AND THE PROTOCOL TO THE SAID TREATY.

Whereas a Treaty of Peace with Japan and. a Protocol thereto,* copies of which have been laid before the Senate and the House of Representatives, were signed on behalf of the Government of Ceylon at San Francisco on the eighth day of September, nineteen hundred and fifty-one, and the said Treaty and Protocol will come into operation upon the deposit of instruments of ratification in accordance with the provisions of the said Treaty :

And whereas it is expedient to enact legal provision for giving effect to the said Treaty and Protocol:

Now therefore be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows : –

Act Nos,
16 of 1952
41 of 1953
[21st March
, 1952
]
Short title.

1. This Act may be cited as the Japanese Treaty of Peace Act.

Appointments, Orders, &c, for carrying out the Treaty.

2.

(1) There may be appointed such officers and servants as may be necessary for carrying out or giving” effect to the said Treaty and Protocol.

(2) The Governor-General is hereby empowered to make Orders containing such provisions as appear to him to be necessary for the purpose of carrying out or giving effect to the said Treaty and Protocol.


[ 2, 41 of 1953.]

(3) For the purpose of enabling property in Ceylon of Japanese nationals to be lawfully disposed of in terms of the Agreement contained in that behalf in the Treaty and Protocol, the right, title and interest to and in all such property in Ceylon of Japanese nationals as is vested in the Custodian of Enemy Property appointed under the Defence (Trading with the Enemy) Regulations, 1939, are hereby transferred to the Crown. Any such property may be disposed of in any manner whatsoever specified in an Order under subsection (2) ; and any such Order shall have effect notwithstanding anything to the contrary in any other law relating to the disposal of property of the Crown.

(4) Any Order made under this section may provide that persons contravening or failing to comply with provisions of the Order shall be guilty of offences against this section ; and, (except in so far as any such Order may provide for less penalties), any person guilty of an offence against this section shall be liable, on conviction after summary trial before a Magistrate, to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding three months or to both such fine and imprisonment, or on conviction before a District Court to a fine not exceeding five thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(5) Every Order made under this section shall upon publication in the Gazette come into operation and be as valid and effectual as though it were herein enacted :


Provided, however, that any such Order shall be deemed to be annulled upon the passing of a resolution in that behalf by the Senate or the House of Representatives, but without prejudice to the validity of anything previously done thereunder.

(6) All expenses incurred by the Government in carrying out or giving effect to the said Treaty and Protocol shall be defrayed out of moneys provided by Parliament.

* See Treaty Series No. 1 of 1952.

Chapter 395, Volume No. 11 Page No.911.