And the Right Honourable James Ramsay MacDonald, First Lord of the Treasury, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.

M. P. A. HANKEY.

BRITISH ORDER IN COUNCIL relating to the Property, Rights and Interests in China of Nationals of the former Kingdom of Hungary.-London, October 9, 1924. (1)

At the Court at Buckingham Palace, the 9th day of October, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS at Trianon, on the 4th day of June, 1920, a Treaty of Peace with Hungary (hereinafter referred to as "the Treaty") was signed on behalf of His Majesty;

And whereas it was provided in the Treaty that the property of nationals of the former Kingdom of Hungary within the territory or under the control of an Allied or Associated State might be constituted a pledge for enemy liabilities upon the conditions laid down in the Treaty;

And whereas by "The Treaty of Peace (Hungary) Act, 1921,’’(2) it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council, and do such things as appeared to him to be necessary for carrying out the Treaty, and for giving effect to any of the provisions thereof;

And whereas by treaty, grant, usage, sufferance or other lawful means His Majesty has power and jurisdiction in China;

And whereas by King's Regulations made under Article 155 of The China Order in Council, 1904, "(3) and Article 13 of "The China (Amendment) Order in Council, 1907,"(4) it was provided that the Custodian of Enemy Property in China should hold property vested in him under the Trading with the Enemy Acts and under any regulations in China in regard thereto;

And whereas there is now in China certain property of nationals of the former Kingdom of Hungary under the control of His Majesty, and it is expedient to make provision for charging such property with the payment of the liabilities

(1) S. R. and O., No. 1185 (1924). (2) Vol. CXIV, page 37.

(3) Vol. XCVII, page 150. (4) Vol. C, page 50.

for which it may be constituted a pledge by the Treaty in the manner hereinafter provided :

Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"(5) or otherwise in him vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:

1. All property, rights and interests in China belonging to nationals of the former Kingdom of Hungary under the control of the Custodian of Enemy Property in China or other British authority under the Trading with the Enemy Acts or the Trading with the Enemy Regulations at the date when the Treaty came into force (not being property, rights and interests acquired under any general licence issued by or on behalf of His Majesty) and the net proceeds of their sale, liquidation or other dealings therewith, together with all property, rights and interests (and the proceeds thereof) which but for their having been vested in the Custodian of Enemy Property in China would have belonged to such nationals at that date, are hereby charged for all purposes for which they may be lawfully charged under the provisions of the Treaty.

2. The property, rights and interests referred to in Section I, or the net proceeds of their sale, liquidation or other dealings therewith shall be remitted by the said Custodian to the Administrator of Hungarian property established in accordance with the provisions of "The Treaty of Peace (Hungary) Order, 1921,"(6) who shall apply them for the purposes of the charge imposed by Section I of this Order.

3. This Order may be cited as The China (Treaty of Peace) (Hungary) Order in Council, 1924," and shall be read as one with "The China Order in Council, 1904," and with any Order amending the same.

4. (1.) This Order shall take effect as soon as it is first exhibited in the public office of the Supreme Court for China.

(2.) For that purpose the Judge of the Supreme Court shall, on the receipt by him of a certified printed copy of the Order, cause the same to be affixed and exhibited conspicuously in that office. He shall also keep the same so affixed and exhibited during one month from that first exhibition.

And the Right Honourable James Ramsay MacDonald, First Lord of the Treasury, one of His Majesty's Principal Secretaries of State, is to give the necessary directions. herein.

M. P. A. HANKEY.

(5) Vol. LXXXII, page 656.

(6) Vol. CXIV,

page 102.

BRITISH DECLARATION providing for the Grant of Relief in Cases where Profits arising from the Business of Shipping are Chargeable both to British Income Tax and to the Income Tax payable in the United States of America.-London, November 7, 1924. (1)

At the Court at Buckingham Palace, the 7th day of
November, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS it is provided by Sub-Section (1) of Section 18 of The Finance Act, 1923,"(2) that if His Majesty in Council is pleased to declare

(a.) That any profits or gains arising from the business of shipping which are chargeable to British income tax are also chargeable to income tax payable under the law in force in any foreign State; and

(b.) That arrangements, as specified in the declaration, have been made with the Government of that foreign State with a view to the granting of relief in cases where such profits and gains are chargeable both to British income tax and to the income tax payable in the foreign State;

then, unless and until the declaration is revoked by His Majesty in Council, the arrangements specified therein shall, so far as they relate to the relief to be granted from British income tax, have effect as if enacted in that Act, but only if and so long as the arrangements, so far as they relate to the relief to be granted from the income tax payable in the foreign State, have the effect of law in the foreign State;

And whereas it is provided by Section 213 of the Act of Congress of the United States of America known as the Revenue Act of 1921, that the term "gross income," for the purpose of income tax chargeable under the law of the United States of America, shall not include the income of a non-resident alien or foreign corporation which consists exclusively of earnings derived from the operation of a ship or ships documented under the laws of a foreign country which grants an equivalent exemption to citizens of the United States and to corporations organised in the United States;

And whereas His Majesty's Government have intimated to the Government of the United States of America that they propose to take the necessary steps under the said Section 18 of "The Finance Act, 1923," for providing that

(1) "London Gazette," November 11, 1924.
(2) Vol. CXVII, page 68.

any profits accruing from the business of shipping carried on with ships documented under the laws of the United States to a citizen of the United States resident outside the United Kingdom or to a corporation organised in the United States shall be, and as from the 1st day of May, 1923. be deemed to have been, exempt from income tax (including super-tax) chargeable in the United Kingdom;

And whereas the Government of the United States of America have signified to His Majesty's Government that they are prepared to regard the exemption to be provided as aforesaid as an equivalent exemption within the meaning of Section 213 of the Act of Congress of the United States known as the Revenue Act of 1921:

Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, to declare, and it is hereby declared

(a.) That certain profits or gains arising from the business of shipping which are chargeable to British income tax are also chargeable to the income tax payable under the law in force in the United States of America; and

(b.) That the arrangements aforesaid have been made with a view to the granting of relief in cases where profits or gains arising from the business of shipping are chargeable both to British income tax and to the income tax payable in the United States of America.

And His Majesty is further pleased to order, and it is hereby ordered, that this Declaration may be cited as "The Relief from Double Income Tax on Shipping Profits (United States of America) Declaration, 1924.'

M. P. A. HANKEY.

"The

BRITISH ORDER IN COUNCIL further amending Treaty of Peace Order, 1919," "The Treaty of Peace (Austria) Order, 1920," ""The Treaty of Peace (Bulgaria) Order, 1920," and "The Treaty of Peace (Hungary) Order, 1921," as amended.-London, December 8, 1924. (1)

At the Court at Buckingham Palace, the 8th day of
December, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL..

WHEREAS in pursuance of the powers conferred on His Majesty by The Treaty of Peace Act, 1919,' The Treaties of Peace (Austria and Bulgaria) Act, 1920," and "The

(1) "London Gazette," December 9, 1924.

64

Treaty of Peace (Hungary) Act, 1921," respectively, His Majesty in Council has been pleased to make "The Treaty of Peace Order, 1919," (2) The Treaty of Peace (Austria) Order, 1920," (3) "The Treaty of Peace (Bulgaria) Order, 1920,"(4) and "The Treaty of Peace (Hungary) Order, 1921,"() and various Orders amending the aforesaid Orders:

And whereas it is expedient that the aforesaid Orders as amended should be further amended in manner hereinafter appearing:

Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, as follows:

1. "The Treaty of Peace Order, 1919," as amended shall have effect, and be deemed always to have had effect, as if for the proviso to Article 1 (xvi) of that Order the following proviso were substituted:

"Provided that any particular property, right or interest may at any time be released by the Custodian, acting under the general direction of the Board of Trade, from the charge so created; and where the property, right or interest belonged to a person who has died since the charge attached, the Custodian acting as aforesaid may release it or any part thereof or any interest therein so as to make the release operate in favour of the persons who would have been entitled as beneficiaries under the will or on the intestacy of the deceased person, as the case may be, if the property, right or interest had not been subject to the charge, or in favour of any of those persons to the exclusion of any one or more of them, on such terms (if any) as he may think proper with respect to the payment of debts and funeral and testamentary expenses and the discharge of any other obligations.

2. The Treaty of Peace (Austria) Order, 1920," as amended, "The Treaty of Peace (Bulgaria) Order, 1920," as amended, and "The Treaty of Peace (Hungary) Order, 1921," as amended, shall respectively have effect, and be deemed always to have had effect, as if for the first proviso. to Article 1 (ix) of "The Treaty of Peace (Austria) Order, 1920," as amended, for the first proviso to Article 1 (i) of "The Treaty of Peace (Bulgaria) Order, 1920," as amended, and for the first proviso to Article 1 (ix) of The Treaty of Peace (Hungary) Order, 1921," as amended, the following proviso were substituted:

"Provided that any particular property, right or interest may at any time be released by the Administrator, acting

(2) Vol. CXII, page 616.
(3) Vol. CXIII, page 155.

(4) Vol. CXIII, page 165.
(5) Vol. CXIV, page 102.