ENEMY PROPERTY ACT

ENEMY PROPERTY

CHAPTER 179

ENEMY PROPERTY ACT

To make provision as respects income from moneys invested by the

Custodian of enemy property.

26th March, 1963

ACT XII of 1963, as amended by Legal Notice 46 of 1965; Act XVI of

1999; Legal Notice 410 of 2007; Act V of 2007 and XVII of 2017.

The short title of this Act is the Enemy Property Act.

Added by

XVI. 1999.2.

(Article 4)

Amended by

L.N. 410 of 2007.

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Appendix B

George Furst account (German)

- 90A, Old Theatre Street, Valletta

- 435/4 St. Paul’s Building, West Street, Valletta (often recorded as 43J/4)

Marianna and Filomena Fauci account (Italian)

- Land Tal-In[inier, Delimara, as indicated on the site plan number 1, attached to

this Appendix

- Land Ta`-~awla, Marsascala, as indicated on the site plan number 2, attached to

this Appendix

- Land Ta’ Fwieli, |abbar, as indicated on the site plan number 3, attached to this

Appendix

- 181 Alley 1, Bi``ieni Street, |abbar.

In this Act, unless the context otherwise requires -

"Custodian" means the Custodian of enemy property appointed

under article 8 of the Ordinance;

"enemy property" means any property at any time after the

coming into operation of the Ordinance belonging to or held or

managed on behalf of an enemy or enemy subject, and for the

purposes of this Act the expressions "enemy" and "enemy subject"

have the same meanings as for the purposes of the Ordinance;

"Minister" means the Minister responsible for finance;

"money due to an enemy" means money which would, but for the

existence of a state of war, have been payable to or for the benefit

of a person who was an enemy;

"Order" means the Order published in the Malta Government

Gazette of the 18th September, 1939, by Government Notice No.

457;

"Ordinance" means the Trading with the Enemy Ordinance,

1939 * ;

"person includes a body or association of persons.

(1) Subject to the provisions of this Act, any income

received by the Custodian from the investment of moneys coming

into his hands in his said capacity whether in pursuance of the

Ordinance or otherwise shall belong to the Government and shall

be paid into the Consolidated Fund.

(2) The last foregoing sub-article shall be deemed to have

effect as from the coming into operation of the Order, so however

that it shall not be construed as authorising or requiring the

repayment of any sums paid by the Custodian before the passing of

this Act otherwise than into the Consolidated Fund.

(3) Where the Custodian after the coming into operation of this

Act pays to any person a capital sum on the footing that -

(a) it represents money which was paid to the Custodian

as being money due to an enemy, but which was not in

*Omitted both in the 1942 Revised Edition and in this Revised Edition since it was

war legislation of a temporary nature.

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fact due to an enemy; or

(b) it represents the proceeds of property which was

transferred to the Custodian as being enemy property,

but which was not in fact enemy property,

the person to whom the capital sum is paid shall be entitled to

receive from the Custodian interest thereon at the rate of three-

quarters of one per cent per annum from the date on which the

Custodian received the money referred to in paragraph (a) or the

proceeds referred to in paragraph (b) thereof, as the case may be, to

the date of payment of the capital sum.

(4) For the purpose of making payments under the provisions

of the last foregoing sub-article the Custodian shall set aside out of

any income such as is mentioned in sub-article (1) which he may

have in his hands on the coming into operation of this Act, or which

he may thereafter receive, such sums as the Minister may from time

to time direct; and out of any sums so set aside the Custodian shall

pay any interest which may become payable by him under the

provisions of the last foregoing sub-article and shall pay the

balance thereof (if any) into the Consolidated Fund.

(1) Notwithstanding anything contained in the Act or in

the Ordinance, a person who claims to be the owner of any property

movable or immovable administered by the Custodian, shall, not

later than the 31st December, 2002, submit a claim to the Custodian

showing that he is the enemy on whose behalf the property is

managed or a person claiming under him.

(2) There shall be a board (hereafter referred to as the Board)

composed of the Custodian, who shall be chairman, and

representatives of the Lands Authority, the Accountant General, the

Permanent Secretary at the Ministry responsible for Foreign

Affairs, and the Auditor General, which shall examine all the

claims made under sub-article (1) and decide thereon.

(3) The decision of the Board shall be served on the claimant

by a judicial act, and may be appealed by application before the

Administrative Review Tribunal established in terms of article 5 of

the Administrative Justice Act and the provision of this Act shall

apply to such an appeal.

(4) Where the Board or the Administrative Review Tribunal or

the Court of Appeal, as the case may be, decide in favour of the

claimant the Custodian shall be entitled to deliver the property to

the claimant after deducting therefrom the fees and expenses

incurred by the Custodian in the administration of the property and

its handing over.

(5) The Prime Minister may by regulations establish the fees

that may be payable in connection with claims before the Board.

(6) The Board shall regulate its own proceedings, it shall

however ensure the claimant shall have adequate opportunity to set

out his claim in writing or orally as the Board may determine.

(7) With effect from the 1st day of January, 2003, any property

administered by the Custodian in respect of which no claim has

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been entered as aforesaid, or if such claim has been made upon its

rejection, shall vest in the Government of Malta

Provided that with reference to immovable property listed

in the Schedule to this Act, the rights relating to such property and

the said property shall be registered at the Land Registry in the

name of the Government of Malta with absolute title in regard to

whosoever had a right to submit a claim under this article, but with

possessory title in regard to other third parties.

(8) The property to which this article refers shall be that listed

in the Schedule to this Act.

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