TRADING WITH THE ENEMY ORDINANCE, 1914

TRADING WITH THE ENEMY ORDINANCE, 1914

No. 25 of 1914.
An Ordinance for the more effectual preventing and further
punishment of the offence of trading with the enemy.

[6th October, 1914.]

1. This Ordinance may be cited as the Trading with the
Enciny Ordinance, 1914.

1A. In this Ordinance,

(a) Commencement of the present war means as
respects any enemy the date on which war was declared by
His Majesty on the country in which that enemy resides or
carries on business.
(b) Dividends, interest or share of profits means any
dividends, bonus or interest in respect of any shares, stock,
debentures, debenture stock or other obligations of any
company, any interest in respect of any loan to a firm or
person carrying on business for the purposes of that business,
and any profits or share of profits of such a business, and,
where a person is carrying on any business on behalf of an
enemy, any sum which, had a state of war not existed, would
have been transmissible by a person to the enemy by way
of profits from that business shall be deemed to be a sum
which would have been payable and paid to that enemy.

(c) Enemy means any person or body of persons who
would be so treated for the purpose of any proclamation
issued by His Majesty dealing with trading, with the enemy
for the time being in force.
(d) Enemy subject means a subject of a state for the
time being at war with His Majesty, and includes a body
corporate constituted according to the laws of such a state.
(e) Except so far as relates to the imposition of the
penalty of imprisonment, person shall include a body
corporate and a firm.

As amended by No. 12 of 1915, No. 22 of 1915, No. 8 of 1916 and Law Rev.
Ord., 1924.





(f) Present war means the present war between His
Majesty and Germany, Austria-Hungary and Turkey.
(g) Trading with the enemy means taking any part in
any act or transaction probibited tinder any proclamation
issued by His Majesty dealing with the subject of trading
with the enemy or any act or transaction constituting the
offence of trading with the enemy by common law or under
any Ordinance or under any statute applicable to the Colony.

2.-(1) Every person who during the continuance of the
present. war between His Majesty and Germany or during
the continuance of the present war between His Majesty and
Austria-Hungary, or during the continuance of the present
war between His Majesty and Turkey, trades with the enemy,
and every person who since the 4th day of August, 1914,
has traded with the enemy, shall be deemed to be guilty of
a misdemeanor, and shall upon summary conviction be liable
to imprisonment for any term not exceeding twelve months
and to a fine not exceeding five thousand dollars, or upon
conviction on indictment to imprisonment for any term not
exceeding seven years and to a fine not exceeding five
thousand dollars.
(2) In addition to the penalties hereinbefore provided, it
shall be lawful for the court or a magistrate, upon the
conviction of any person of any offence under this Ordinance,
to order the forfeiture of any property of any nature
whatsoever, or the proceeds thereof, in respect of which or
in connexion wherewith or by means of which the offence
may have been committed, and the said property, or the
proceeds thereof, as the case may be, shall thereupon be
deemed to be the property of the Crown or, as the case may
be, to be a sum of money due to the Crown, free from all
rights, of any kind whatsoever within the Colony of any
person whomsoever:
Provided that it shall be lawful for the Governor in Council
to entertain any moral claim to or in respect of any such
property or proceeds, and upon such claim it shall be lawful
for the Governor in Council in his absolute discretion to
make such order, whether as to payment out of the general
revenue of the Colony or otherwise, as he may think fit.
[(3), (4), incorporated in s. 1A by Law Revision Ordi-
nance, 1924.]

As amended by No. 12 of 1915 and Law Rev. Ord., 1924.





(5) Every officer or employe of any firm or of any company
or other body corporate, whether incorporated within or
without the Colony, who knowingly is a party to any act or
transaction which would be an offence under this Ordinance
shall be deemed to be guilty of the misdemeanor of trading
with the enemy and shall be liable to the penalties provided
in sub-section (1), and may be proceeded against whether
any other person be proceeded against for the said offence
or not, and on the conviction of any sneh officer or employe
it shall be lawful for the court or a magistrate to make any
order of forfeiture which might have been made on the
conviction of any firm or body corporate of which such
person was an officer or emplove or of any person who shall
actually have taken part in the act or transaction in respect
of which such officer or employe shall be convicted.

(6) No prosecution shall be instituted under this Ordinance
without the consent of the Attorney General.

(7) No person shall be punished more than once for the
same offence under this Ordinance.

(8) The provisions of this section shall apply to a person
who during the present war attempts, or directly or indirectly
offers or proposes or agrees, or has since the 4th day of
August, 1914, attempted or directly or indirectly offered or
proposed or agreed to trade with the enemy within the
meaning of that Ordinance in like manner as it applies to
a person who so trades or has so traded.

(9) Every person who without lawful anthority in anywise
aids or abets any other person, whether or not such other
person is in the Colony, to enter into, negotiate, or complete
any transaction or do any act which, if effected or done in
the Colony by such other person, would constitute an offence
of trading with the enemy within the meaning of this
Ordinance shall be deemed to be guilty of such an offence.

(10) Every person who without lawful authority deals, or
attempts, or offers, proposes or agrees, whether directly or
indirectly, to deal with any money or security for money or
other property which is in his hands or over which he has any
claim or control for the purpose of enabling an enemy to
obtain money or credit thereon or thereby, shall be deemed





to be guilty of the offence of trading with the enemy within
the meaning of this Ordinance.

2A.-(1) No person shall by virtue of any assignment of
any debt or other chose in action, or delivery of any coupon
or other security transferable by delivery, or transfer of
any other obligation, made or to be made in his favour by
or on behalf of an enemy, whether for valuable considera-
tion or otherwise, have any rights or remedies against the
person liable to pay, discharge or satisfy the debt, chose in
action, security or obligation, unless he proves that the
assignment, delivery, or transfer was made by leave of the
Governor or was made before the commencement of the
present war, and any person who knowingly pays, dis-
charges, or satisfies any debt, or chose in action, to which
this sub-section applies, shall be deemed to be guilty of the
offence of trading with the enemy within the meaning of
this Ordinance :

Provided that this sub-section shall not apply where the
person to whom the assignment, delivery or transfer was
made, or some person deriving title under him, proves that
the transfer, delivery or assignment, or some subsequent
transfer, delivery or assignment, was made before the 8th
day of May, 1915, in good faith and for valuable considera-
tion, nor shall this sub-section apply to any bill of exchange
or promissory note.

(2) No person, shall by virtue of any transfer of a bill of
exchange or promissory note made or to be made in his
favour by or on behalf of an enemy, whether for valuable
consideration or otherwise, have any rights or remedies
against any party to the instrument, unless he proves that
the transfer was made before the commencement of the
present war, and any party to the instrument who know-
ingly discharges the instrument shall be deemed to be
guilty of trading with the enemy within the meaning of
this Ordinance:

Provided that this sub-section shall not apply where the
transferee, or some subsequent holder of the instrument
proves that the transfer, or some subsequent transfer, of
the instrument was made before the 8th day of May, 1915,
in good faith and for valuable consideration.

As amended by No, 12 of 1915 and Law Rev. Ord., 1924.





(3) Nothing in this section shall. be construed as vali-
dating any assignment, delivery or transfer which would
be invalid apart from this section or as applying to securi-
ties within the meaning of section 2B.

2B.-(1) Unless made by leave of the Governor, no
transfer made after the 13th day of May, 1915, by or on
behalf of an enemy of any securities shall confer on the
transferee any rights or remedies in respect thereof, and no
company or other body by whom the securities were issued
or are managed shall, except as hereinafter appears, take
any cognizance of or otherwise act upon any notice of such
a transfer.

(2) No entry shall hereafter, during the continuance of
the present war, be made in any register or branch register
or other book kept in the Colony, or under the Companies
Ordinance, 1911, of any transfer of any securities therein
registered, inscribed or standing In the name of an enemy,
except by leave of the Governor.

(3) No share warrants payable to bearer shall be issued
during the continuance of the present war in respect of any
shares or stock registered in the name of any enemy.

(4) Every company or body which contravenes the pro-
visions of this section, shall upon summary conviction be
liable to a fine not exceeding one thousand dollars, and every
director, manager, secretary or other officer of the company
or body who is knowingly a party to the default, shall be
liable on the like conviction to a like fine or to imprisonment
for any term not exceeding six months.

(5) For the purposes of this section, securities means
any annuities, stock, shares, debentures or debenture stock
issued by or on behalf of the Government or by any other
authority, or by any company or by any other body, which
are registered or inscribed in any register, branch register,
or other book kept in the Colony, or under the Companies
Ordinance, 1911.

* As amended by No. 12 of 1915 and Lasy Rev. Ord., 1924.





3.-(1) In any case in which it is suspected that any
offence under this Ordinance has been committed by any
person, and in any case in which it is anticipated that any
such offence is about to be committed by any person, a
magistrate may on oath being made before him to that effect
authorise by warrant under his hand and seal, which may be
in Form No. 1 in the Schedule, any person or persons named
in the said warrant-
(a) to inspect all books and documents belonging to or
under the control of any person by whom it is suspected or
anticipated that such offence has been or about to be com-
mitted;

(b) to require any person whom he may consider able to
give any information respecting the business or trade of any
person by whom it is suspected or anticipated that such an
offence has been or is about to be committed to give such
information;
(c) if accompanied by a police officer, or if himself a police
officer, to search any premises specified in the said informa-
tion as having been or being used in connexion with such
business or trade;
(d) to seize and take possession of all books, documents
and things discovered in the course of any such inspection
or search which may appear to furnish any evidence that
any offence mider this Ordinance has been or was about to
be committed
(e) to do all such acts and things as may be reasonably
necessary for the purpose of effecting such search.

(2) In any case in which by reason of the apparent urgency
of the occasion it shall appear to be impracticable to obtain
such warrant from a magistrate in time, it shall be lawful for
the Captain Superintendent of Police, or the Deputy Superin-
tendent of Police, or any Assistant Superintendent of Police,
by order in writing under his hand, may be in Form
No. 2 in the Schedule, on such grounds as he may think fit
and without any information being laid or sworn, to authorise
any person or persons named in such order to do all such
acts and things as he or they might have been authorised to
do by a warrant issued by a magistrate under sub-section (1).

As amended by No. 12, of 1915, No. 28 of 1915, No. 15 of 1917 and Law Rev.
Ord., 1924.





(3) Where it appears to the Governor-

(a) in the case of a firm, that one of the partners in the
firm was immediately before or at any time since the com-
mencement of the present war a subject of, or resident or
carrying on business in, a state for the time being at war
with His Majesty; or

(b) in the case of a company, that one-third or more of the
issued share capital or of the directorate of the company
immediately before or at any time since the commencement
of the present war was held by or on behalf of or consisted
of persons who were subjects of, or resident or carrying
on business in, a state for the time being at war with His
Majesty; or

(c) in the case of a person, firm or company, that the
person was or is, or the firm or company were or are, acting
as agent for any person, firm or company resident or carrying
oil business in a state for the time being at war with His
Majesty,

the Governor may, if he thinks it expedient for the purpose
of satisfying himself that the person, firm or company are
not trading with the enemy, by written order, give to a
person appointed by him, without any warrant from a
magistrate, authority to inspect all books and documents
belonging to or under the control of the person, firm or com-
pany, and to require any person able to give information with
respect to the business or trade of that person, firm or
company, to give that information.

For the purposes of this sub-section, any person authorised
in that behalf by the Governor may inspect the register of
members of a company at any time, and any shares in a
company for which share warrants to bearer have been issued
shall not be reckoned as part of the issued share capital of
the company.

No action shall be brought or other proceedings com-
menced by a company the books and documents of which are
liable to inspection under this sub-section, unless notice in
writing has previously been given by the company to the
Custodian of their intention.





(4) Every person who refuses or neglects to produce any
books or documents belonging to or under his control or in
his possession or physical custody, or to give any information
within his knowledge, on demand, to any person or persons
authorised by any such warrant or order in writing aforesaid
to inspect such books or documents or to require such
information, and every person who obstructs any inspection,
search or seizure authorised by any such warrant or order
in writing aforesaid, shall upon summary conviction be liable
to imprisonment for any term not exceeding six months and
to a fine of five hundred dollars.

(5) Where a person has given any information to a person
appointed to inspect the books and documents of a person,
under the provisions of this section, the information so given
may be used in evidence against him in any proceedings
relating to the offence of trading with the enemy within the
meaning of this Ordinance, notwithstanding that he gave
the information only on being required so to do by the
inspector in pursuance of his powers under this section.

(6) Where a person has been authorised under this section
to inspect the books and documents of any person, firm, or
company, and any book or document is found by him to have
been destroyed, mutilated, or falsified, any person having or
having had control of such book or document shall be guilty
of a misdemeanor and liable to the same punishment as if he
had been guilty of trading with the enemy unless be proves
that the destruction, mutilation, or falsification was not
intended for the purpose of concealing any transaction which
would constitute an offence of trading with the enemy, or
that the destruction, mutilation, or falsification was com-
mitted without his knowledge or connivance.

3A. Where it appears to the Governor that it is expedient
that any business should be subject to frequent inspection
or constant supervision, he may appoint any person or firm
to supervise the said business with such powers as he may
determine, and any remuneration payable and expenses
incurred, to such amount as may be fixed by the Governor,
shall be paid by the person, firm, or company, by whom or
by which the said business is carried on.

As amended by No. 12 of 1915 and Law Rev. Ord., 1924.





3B. The power of the Governor to appoint inspectors and
supervisors under this Ordinance, shall include a power to
appoint, an inspector or supervisor of the business carried on
by any person, firm, or company, in the Colony for the
purpose of ascertaining whether the business is carried on
for the benefit of or under the control of enemy subjects, or
for the purpose of ascertaining the relations existing,
or which before the war existed, between such person, firm,
or company, or of any members of that firm or company, and
any such subject.

4.-(1) Where it appears to the Colonial Secretary in
reference to any firm or company-

(a) that an offence under this Ordinance has been or is
likely to be committed in connexion with the trade or
business thereof; or

(b) that the control or management thereof has been or is
likely to be so affected by the state of war as to prejudice
the effective continuance of its trade or business and that it
is in the public interest that the trade or business should
continue to be carried on ; or

(c) that it is expedient in the public interest that a con-
troller should be appointed owing to circumstances or
considerations arising out of the present war,

the Colonial Secretary may apply to the Supreme Court for
the appointment of a controller of the firm or company, and
the Supreme Court shall have power to appoint such a con-
troller for such time and subject to such conditions and with
such powers as the court thinks fit, and the powers so conferred
shall be either those of a receiver and manager or those powers
subject to such modifications, restrictions or extensions as
the court think fit, including, if the court considers it
necessary or expedient for enabling the controller to borrow
money, power after a special application to the court for this
purpose to create charges on the property of the firm or
company in priority to existing charges. The court shall
have power to direct how and by whom the costs of any
proceedings under this section and the remuneration, charges
and expenses of the controller shall be borne and shall have
power if it thinks fit to charge such costs, charges and

As amended by No. 8 of 1916 and Law Rev. Ord., 1924.
As amended by No. 28 of 1914 and Law Rev, Ord., 1924.





expenses on the property of the firm or company in such
order of priority in relation to any existing charges thereto
as it thinks fit.

(12) This section shall extend so as to enable a controller
to be appointed of a business carried on by a person in like
manner as it applies to the appointment of a controller of a
business carried on by a firm.

5. Notwithstanding anything contained in this Ordinance
or in the Trading with the Enemy Proclamation No. 2 issued
by His Majesty on the 9th day of September, 1914, it shall
not be lawful for any bank, the constitution of which at the
commencement of the war between His Majesty and Germany
or at the commencement of the war between His Majesty
and Austria-Hungary provided that any of the officers or
directors thereof should be resident in German or Austro-
Hungarian territory, to carry on its business in any way
whatsoever except for the purpose of completing transactions
entered into before the outbreak of war between His Majesty
and the state in whose territory such officers or directors are
required to reside, and it shall be lawful for the Governor to
impose such restrictions in the case of any such bank and to
require any such bank to submit to such supervision as he
may think lit.

6. Notwithstanding anything contained in this Ordinance
or in the Trading with the Enemy Proclamation No. 22 issued
by His Majesty on the 9th day of September, 1914, if any
enemy, as defined in Article 2 of the said proclamation has
a branch locally situated the Colony, or if any firm carrying
on business in the Colony had at the cominencement of the
war between His Majesty and Germany or at the commence-
ment of the war between His Majesty and Austria-Hungary
any partner who at any time after the commencement of
either of the said wars is or becomes an enemy within the
meaning of the said proclamation, or if any Germail subject
or any Austro-Hungarian subject carries on business in the
Colony it shall be lawful for the Governor to impose such
restrictions on the business of any such branch, firm or enemy
subject as he may think fit.





2276 No. 25 of 1914. TRADING WITH THE ENEMY.

16A. Nothing in sections 2 (8), (9), (10), 2A, 213, 3(5) or
3A shall be construed as limiting.any power by proclamation
to prohibit any transaction which is not prohibited by this
Ordinance, or by licence to permit, any transaction which is
so prohibited.

7.-(1) The Governor shall appoint a person to act as
Custodian of enemy property, in this Ordinance referred
to as the Custodian, for the purpose of receiving, holding,
preserving, and dealing with such property as may be paid
to or vested in him in pursuance of this Ordinance.

(2) All property, rights, and powers whatsoever, in any
manner vested in or conferred upon any holder of the office
of Custodian, whether vested in or conferred upon such holder
in his personal name or in the name of the said office, and
whether so vested or conferred before the 26th day of April,
1921, or after the 25th day of April, 1921, including the
legal estate in all property and rights so vested, shall pass
to, vest in, and be exercisable by the holder of the siad office
for the time being, except in so far as any predecessor in the
said office may have parted with or exhausted the said
property, rights, or powers, and shall be deemed always to
have so passed and vested, and to have been so exercisable.

(3) The Custodian shall have such powes and duties with
respect to the property aforesaid as may be prescribed by
regulations made by the Governor.

(4) The Custodian may place on deposit with any bank,
or invest in any securities, approved by the Governor, any
moneys paid to him under this Ordinance or received by him
from property, vested in him under this Ordinance, and any
interest or dividends received on account of such deposits or
investments shall be dealt with in such manner as the
Governor may direct.

8.-(1) Any sum which, had a state of war not existed,
would have been payable and paid to or for the benefit of an
ememy, by way of dividends, interest or share of profits, shall
be paid by the person, firm or company by whom it would
have been payable to the Custodian to hold subject to the
provisions of this ORdinance and any order made or direction


As amended by No. 12 of 1915 and Law Rev. Ord., 1924.
As amended by No. 22 of 1915, No. 6 of 1921 and Law Rev. Ord., 1924.
As amended by No. 22 of 1915, No. 28 of 1915 and Law Rev. Ord., 1924.




given thereunder, and the payment shall be accompanied by
such particulars as the Governor may prescribe, or as the
Custodian, if so authorised by the Governor, may require.

Any payment required to be made under this sub-section
to the Custodian shall be made-

(a) within fourteen days after the 9th day of September,
1915, if the sum, had a state of war not existed, would have
beeu paid before the 10th day of September, 1915; and

(b) in any other ease, within fourteen days after it would
have been paid.

(2) Where before the 10th day of September, 1915, any
such sum has been paid into any account with a bank, or has
been paid to any other person in trust for an enemy, the
person, firm or company by whom the payment was made
shall, within fourteen days after the 9th day of September,
1915, by notice in writing, require the bank or person to pay
the sum over to the Custodian to hold as aforesaid, and shall
furnish the Custodian with such particulars as aforesaid.
The bank or other person shall, within one week after the
receipt of the notice, comply with the requirement and shall
be exempt from all liability for having done so.

(3) If any person falls to make or require the making of
any payment or to furnish the prescribed particulars within
the time mentioned in this section, he shall upon summary
conviction be liable to a fine not exceeding one thousand
dollars and to imprisonment for any term not exceeding six
months, and in addition to a further fine not exceeding five
hundred dollars for every day during which the default
continues, and every director, manager, secretary or officer
of a company, or any other person who is knowingly a party
to the default shall, on the like conviction, be liable to the
like penalty.
(4) If, in the case of any person, firm or company whose
books and documents are liable to inspection under section 3,
any question arises as to the amount which would have been
so payable and paid as aforesaid, the question shall be
determined by the person who may have been or who may
be appointed to inspect the books and documents of the
person, firm or company, or, on appeal, by the Governor, and
if, in the course of determining the question, it appears to
the inspector or the Governor that the person, firm or





company has not distributed as dividends, interest or profits
the whole of the amount properly available for that purpose,
the inspector or Governor may ascertain what amount was
so available and require the whole of such amount to be so
distributed, and, in the case of a company, if such dividends
have not been declared, the inspector or the Governor may
himself declare the appropriate dividends, and every such
declaration shall be as effective as a declaration to the like
effect duly made in accordance with the constitution of the
company :
Provided that, where a supervisor has been appointed
under section 3A, this sub-section shall apply as if for
references to the inspector there were substituted references
to the supervisor.
[(5), incorporated in s. 1A by Law Revision Ordinance,
1924.
(6), rep. Law Revision Ordinance, 1924.]
(7) The provisions of this section shall extend to sums
which, had a state of war not existed, would have been
payable and paid in the Colony to enemies-
(a) in respect of interest on securities issued by or on be-
half of His Majesty's Government or the Government of any
of His Majesty's dominions or any foreign Government, or by
or on behalf of any corporation or any municipal or other
authority whether within or without the Colony; and
(b) by way of payment off of any securities which have
become repayable on maturity or by being drawn for pay-
ment or otherwise, being such securities as aforesaid or
securities issued by any company;
and in the case of such sums as aforesaid (other than sums
in respect of the payment off of securities issued by a com-
pany) the duty oft making payments to the Custodian and of
requiring payments to be made to him and of furnishing him
with particulars shall rest with the person, firm or company
through whom the payments in the Colony are made, and
this section shall apply accordingly, and as if for references
therein to the 9th and 10th days of September, 1915, there
were substituted references to the 2nd and 3rd days of
December, 1915.
(8) For the purposes of this section, securities includes
stock, shares, annuities, bonds, debentures or debenture
stock or other obligations.





9.-(1) Every person who holds or manages for or on
behalf of an enemy any property, real or personal (including
any rights, whether legal or equitable, in or arising out of
property, real or personal), shall, within one month after the
9th day of September, 1915, or if the property comes into
his possession or under his control after the 9th day of
September, 1915, then within one month after the time when
it comes into his possession or under his control, by notice
in writing communicate the fact to the Custodian, and shall
furnish the Custodian with such particulars in relation
thereto as the Custodian may require, and if any person fails
to do so lie shall upon summary conviction be liable to a
fine not exceeding one thousand dollars and to imprisonment
for any term not exceeding six months, and in addition to
a further fine not exceeding five hundred dollars for every
day during which the default continues.

(2) Every company incorporated in the Colony and every
company which, though not incorporated in the Colony, has
a share transfer or share registration office in the Colony
shall, within one month after the 9th day of September,
1915, by notice in writing communicate to the Custodian
full particulars of all shares, stock, debentures, and de-
benture stock and other obligations of the company which
are held by or for the benefit of an enemy; and every
partner of every firm, one or more partners of which on the
commencement of the war became enemies or to which
money had been lent for the purpose of the business of
the firm by a person who so became an enemy, shall, within
one month after the 9th day of September, 1915, by notice
in writing communicate to the Custodian full particulars as
to any share of profits and interest due to such enemies or
enemy, and, if any company or partner fails to comply with
the provisions of this sub-section, the company shall upon
summary conviction be liable to a fine not exceeding one
thousand dollars, and in addition to a further fine not
exceeding five hundred dollars for every day during which
the default continues, and the partner and every director,
manager, secretary or officer of the company who is know-
ingly a party to the default shall on the like conviction be
liable to the like fine, and to imprisonment for any term
not exceeding six months.

* As amended by No. 22 of 1915, No. 28 of 1915 and Law Rev. Ord., 1924.





(3) Where the Custodian is satisfied from returns made
to him under this section, that any such securities as are
referred to in section 8 (7) (including securities issued by
a company) are held by any person on behalf of an enemy,
the Custodian may give notice thereof to the person, firm
or company by or through whom any dividends, interest
or bonus in respect of the securities or any sums by way of
payment off of the securities are payable, and upon the
receipt of such notice any dividends, interest or bonus
payable in respect of, and any sums by way of payment off
of, the securities to which the notice refates shall be paid
to the Custodian in like manner as if the securities were
held by an enemy.

(4) Sub-section (1) shall apply to balances and deposits
standing to the credit of enemies at any bank, and to debts
to the amount of five handred dollars or upwards, which are
due, or which, had a state of war not existed, would have
been due, to enemies, as if such bank or debtor were a
person who held property oil behalf of an enerny, and as if
for references to the 9th day of September, 1915, there were
substituted references to the 2nd day of December, 1915.

(5) The duty of making returns under sub-section (1) shall
extend to companies as if the expression person included
company, and if any company fails to comply with the
provisions, of sub-section (1), every director, manager,
secretary, or officer of the company who is knowingly a party
to the default shall upon summary conviction be liable to a
fine not exceeding one thousand dollars, and to imprison-
ment for any term not exceeding six months, and in addition
to a further fine not exceeding five hundred dollars for every
day during which the default continues.

(6) The Custodian shall keep a register of all property
returns whereof have been made to him under this section,
and such register may be inspected by any person who
appears to the Custodian to be interested as a creditor or
otherwise.

(7) For the purposes of this section, securities includes
stock, shares, annuities, bonds, debentures or debenture stock
or other obligations.





10.-(1) The Supreme Court or a judge thereof may, on
the application of any person who appears to the court to be
a creditor of an enemy or entitled to recover damages against
an enemy, or to be interested in any property, real or personal
(including any rights, whether legal or equitable, in or
arising out of property real or personal), belonging to or held
or managed for or on behalf of an enemy, or on the application
of the Custodian or any Government department, by order
vest in the Custodian any such real or personal property as
aforesaid, if the court or the judge is satisfied that such
vesting is expedient for the purposes of this Ordinance, and
may by the order confer on the Custodian such powers of
selling, managing and otherwise dealing with the property
as to the court or judge may seem proper.

(2) The court or judge before making any order under this
section may direct that such notices (if any), whether by way
of advertisement or otherwise, shall be given as the court or
judge may think fit.

(3) A vesting order under this section as respects property
of any description shall be of the like purport and effect as
a vesting order as respects property of the same description
made under the Trustees Ordinance, 1901.

(4) No application shall be made to the Supreine Court
tinder this section without the permission of the Governor.

11.-(1) The Custodian shall, except so far as the Governor
or the Supreme Court or a judge thereof may otherwise
direct, and subject to the provisions of sub-section (2), hold
any money paid to and any property vested in him under
this Ordinance until the termination of the present war, and
shall thereafter deal with the same in such manner as the
Governor rnay direct.

(2) The property held by the Custodian under this Ordi
nance shall not be liable to be attached or otherwise taken in
execution, but the Custodian may in his discretion, if so
authorised by an order of the Supreme Court or a judge
thereof, pay out of the property paid to him in respect of that
enemy the whole or any part of any debts due by that enemy
and specified in the order:

As amended hy No. 22 of 1915 and Law Rev. Ord., 1924.
As amended by No. 22 or 1915, No. 8 of 1916 and Law Rev. Ord., 1924.





Provided that before paying any such debt the Custodian
shall take into consideration the sufficiency of the property
paid to or vested in him in respect of the enemy in question
to satisfy that debt and any other claims against that enemy
of which notice verified by statutory declaration inay have
been served upon him.
(3) The receipt of the Custodian or any person duly
authorised to sign receipts on his behalf for any sum paid to
him under this Ordinance shall be a good discharge to the
person paying the same as against the person or body of
persons in respect of whom the sum was paid to the Custodian.
(4) The Custodian shall keep a register of all property
held by him under this Ordinance, which register shall be
open to public inspection at all reasonable times free of charge.
(5) The Chief Justice may by rules make provision for
the practice and procedure to be adopted for the purposes of
this section and of section 10.

12. Where during the continuance of the present war any
coupon or other security transferable by delivery is presented
for payment to any conipany or other body or person, and
the company, body or person has reason to suspect that it is
so presented on behalf or for the benefit of an enemy, or that
since the commencement of the present war it has been held
by or for the benefit of an enemy, the company, body or
person may pay the sum due in respect thereof into the
Supreme Court, and the same shall, subject to rules of court,
bc dealt with according to the orders of the court, and
a payment, shall for all purposes be a good discharge to the
company, body or person.

13.-(1) During the continuance of the present, war, a
certifcate of incorporation of a company shall not, be given
by the Registrar of Companies until there has been filed
with him either-
(a.) a statutory declaration by a solicitor of the Supreme
Court engaged in the formation of the company that the
company is not formed for the purpose or with the intention
of acquiring the whole or any part of the undertaking of a
person, firm or company the books and documents of which
are liable to inspection under section 3 (3) ; or

As amended by No. 22 of 1915 and Law Rev. Ord., 1924.
As amended by No. 22 of 1915, No. 28 of 1915 and Law Rev. Ord., 1924.





(b) a licence from the Governor authorising the acquisi-
tion by the company of such an undertaking.

(2) Where such a statutory declaration has been filed, it
shall not be lawful for the company, daring the continuance
of the present war, without the licence of the Governor, to
acquire the whole or any part of any such undertaking, and
if it does so the company shall, without prejudice to any
other liability, be liable upon. summary conviction to a fine
not exceeding one thousand dollars, and every director,
manager, secretary, or other officer of the company who is
knoAvingly a party to the default shall upon the like con-
viction be liable to the like fine and to Imprisonment for any
term not exceeding six months.

14.-(1) Where the Superintendent of Imports and
Exports has reason to suspect that the place of origin of any
goods imported into the Colony, whether before the 10th day
of September, 1915, or after the 9th day of September, 1915,
is a place in any territory which, under any proclamation
issued by His Majesty dealing with trading with the enemy
for the time being in force, is or is treated as enemy country,
the goods may be seized, by force if necessary, and may on
application to a magistrate be ordered by such magistrate to
be forfeited to the Crown.

(2) Upon the making of any such order of forfeiture, the
said goods shall be deemed to be the property of the Crown
free from all rights of any person: Provided that it shall be
lawful for the Governor in Council, in his absolute discretion,
to entertain and give effect to any moral claim to or in
respect of the said goods.
(3) In any proceeding for the forfeiture of any goods so
seized as aforesaid, the place of origin of such goods shall be
deemed to be in territory which is or is treated as enemy
country unless the contrary is proved.

15.-(1) Where the Superintendent of Imports and
Exports has reason to suspect that any goods for the time
being within the Colony have been or are being directly or
indirectly supplied to or for the use or benefit of an
enemy, or have been or are being directly or indirectly
obtained from an enemy, or have been or are being directly

As amended by No. 22 of 1915 and Law Rev. Ord., 1924.





or indirectly supplied to or for the use or benefit of, or
have been or are being directly or indirectly obtained from,
any person for or by way of transmission to or from an
enemy, or are destined for or have come from an enemy,
such Superintendent of Imports and Exports may seize
such goods, by force if necessary, and any such goods may
on application to a magistrate be ordered to be forfeited to
the Crown.

(2) Upon the making of any such order of forfeiture,
the said goods shall be deerned to be the property of the
Crown free from all rights of any person: Provided that
it shall be lawful for the Governor in Council, in his
absolute discretion, to entertain and give effect to any
woral claim to or in respect of the said goods.

(3) In any proceeding for the forfeiture of any goods so
seized as aforesaid, it shall be deemed, unless the contrary
is proved, that the said goods have been or are being
directly or indirectly supplied to or for the use or benefit
of an enemy, or have been or are being directly or indirectly
obtained from an enemy, or have been or are being directly
or indirectly supplied to or for the use or benefit of, or
have been or are being directly or indirectly obtained from,
any person for or by way of transmission to or from an
enemy, or are destined for or have come from an enemy, as
the case may be.

16. In any proceeding in respect of or involving any
matter, civil or criminal, arising under this Ordinance, any
certificate produced from official custody and purporting
to be signed by any British. eustoms or consular officer shall
be prima facie evidence of the truth of the matters stated
therein.

17. It shall be lawful for the Governor to exempt any
liquidator appointed under the provisions of the Alien
Enernies (Winding up) Ordinance, 1914, or any other person,
from the operation of sections 8 and 9, either in whole
or part and either permanently or temporarily, and to with-
draw in whole or part any exemption so granted.

* As amended by No. 22 of 1915 and Law Rev. Ord., 1924.
As amended by No. 22 of 1915, No. 28 of 1915 and Law Rev. Ord., 1924.





18.-(1) The Governor in Council may by proclamation
prohibit all persons or bodies of persons, incorporated or
unincorporated, resident, carrying on business, or being in
the Colony of Hongkong from trading with any persons or
bodies of persons, incorporated or unincorporated, not
resident or carrying on business in enemy territory or in
territory in the occupation of the enemy (other than persons,
incorporated or unincorporated, residing or carrying on
business solely within His Majesty's dominions) wherever
by reason of the enemy nationality or enemy association of
such persons or bodies of persons, incorporated or unincor-
porated, it appears to the Governor in Council expedient so
to do, and if any person acts in contravention of any such
proclamation he shall be guilty of a misdemeanor triable
and punishable in like manner as the offence of trading with
the enemy.

(2) Any list of persons and bodies of persons, incorporated
or unincorporated, with whom such trading is prohibited by
a proclamation made under this Ordinance may be varied or
added to by an order made by the Governor in Council.

19. The provisions of sections 1 to 17, and of the lmporta-
tion and Exportation Ordinance, 1915, and all other enact-
ments relating to trading with the enemy, shall, subject to such
exceptions and adaptations as may be prescribed by order
made by the Governor in Council, apply in respect of such
persons and bodies of persons as aforesaid as if for references
therein to trading with the enemy there were substituted
references to trading with such persons and bodies of per-
sons as aforesaid, and for references to enemies there were
substituted references to such persons and bodies of persons
as aforesaid, and for references to offences under sections 1
to 17, or any of those Ordinances, there were substituted
references to offences under section 18.

20. For the purposes of sections 18 and 19, a person shall
be deemed to have traded with a person or body of persons to
whom a proclamation or order issued under section 18
applies, if he enters into any transaction or does any act with,
to, on behalf of, or for the benefit of, such a person or
body of persons which if entered into or done with, to, on
behalf of, or for the benefit of, an enemy would be trading
with the enemy.

As amended by No. 4 of 1916 and Law Rev. Ord., 1924.





21. Where it appears to the Governor that a contract
entered into before or during the war with an enemy or
enemy subject, or with a person of whose affairs a liquidator
has been appointed under the Alien Enemies (Winding up)
Ordinance, 1914, is injurious to the public interest, the
Governor may by order cancel or determine such contract
either unconditionally or upon such conditions as the Gover-
nor may think fit, and thereupon such contract shall be
deemed to be cancelled or determined accordingly.

22.-(1) The Governor, in any case where it appears to
him to be expedient to do so, may by order vest lit the
Custodian any property, movable or immovable (including
any rights, whether legal or equitable, in or arising out of
property, movable or immovable), belonging to or held or
managed for and on behalf of an enemy or enemy subject, Or
any Mission or Missionary Society (whether incorporated by
any Ordinance or otherwise) which is in his (the Governor's)
opinion one of enemy association or is one the determination
of whose activities is for the security of Colonial or Imperial
interests required, or the right to transfer that property, and
may by any such order, or any subsequent order, confer on
the Custodian such powers of selling, managing and otherwise
dealing with the property as to the Governor seem proper,
including the power to execute, vary or determine any trust
affecting the whole or any part of such property.

(2) A vesting order under this section as respects property
of any description shall be of the like purport and effect as
a vesting order as respects property of the same description
made by the Supreme Court under the Trustees Ordinance,
1901, and shall be sufficient to vest in the Custodian any
property, or the right to transfer any property as provided
by the order, without the necessity of any further conveyance,
assurance or document.
(3) Where, in exercise of the powers conferred on him by
the Governor or by the court under this Ordinance, the
Custodian proposes to sell any shares or stock forming part
of the capital of any company or any securities issued by the
company in respect of which a vesting order under this
Ordinance has been made, the company may, with the consent
of the Governor, purchase the shares, stock, or securities,

As amended by No. 8 of 1916 and Law Rev. Ord., 1924.
As amended by No. 8 of 1916, No. 11 of 1919 and Law Rev. Ord., 1924.





any law or any regulation of the company to the contrary
notwithstanding, and any shares, stock, or securities so
purchased may from time to time be re-issued by the
company.
(4) The transfer on sale by the Custodian of any property
shall be conclusive evidence in favour of the purchaser and
of the Custodian that the requirements of this section have
been complied with.

(5) All property vested in the Custodian under this section,
and the proceeds of the sale of, or money arising from, any
such properly shall be dealt with by him in like manner as
money paid to and property vested in him under any of the
other provisions of this Ordinance, and section 11 of this
Ordinance shall apply accordingly.

23. Any restrictions imposed by any Ordinance or pro-
clamation on dealings with enemy property shall continue to
apply to property particulars whereof are or are liable to be
notified to the Custodian in pursuance of section 9, as extended
by any subsequent enactment, not only during the continuance
of the present war, but thereafter until such time as they
may be removed by order of the Governor in Council, and
Orders in Council may be made removing all or any of those
restrictions either simultaneously as respects all such property
or at different times as respects different classes or items of
property.

24.-(1) Where the Custodian executes a transfer of any
shares, stock, or securities which he is empowered to transfer
by a vesting order made under section 10 or section 22, the
company or other body in whose books the shares, stock, or
securities are registered shall, upon the receipt of the transfer
so executed by the Custodian, and upon being required by
him so to do, register the shares, stock, or securities in the
name of the Custodian or other transferee, notwithstanding
any regulation or stipulation of the company or other body,
and notwithstanding that the Custodian is not in possession
of the certificate, scrip, or other document of title relating to
the shares, stock, or securities transferred, but such registra-
tion shall be without prejudice, to any lien or charge in
favour of the company or other body or to any other lien or
charge of which the Custodian has notice.

As amended by No. 8 of 1916 and Law Rev., Ord., 1924.





(2) If any question arises as to the existence or amount of
any lien or charge, the question may, on application being
made for the purpose, be determined by the Supreme Court
or a judge thereof.

25. Where a vesting order has been made under section
10 or section 22 as respects any property belonging to or
held or managed for and on behalf of a person who appeared
to the court or Governor making the order to be an enemy
or enemy subject, the order shall not nor shall any proceed-
ings thereunder or in consequence thereof be invalidated or
affected by reason only of such person having prior to the
date of the order died or ceased to be an enemy or enemy
subject or subsequently dying or ceasing to be an enemy or
enemy subject, or by reason of its being subsequently
ascertained that he was not an enemy or an enemy subject,
as the case may be.

26.-(1) Where on an application for the registration of
a company it appears to the Registrar of Companies that any
subscriber of the memorandum of association or any proposed
director of the company is an enemy subject, he may refuse
to register the company.

(2) No allotment or transfer of any share, stock, debenture,
or other security issued by a company made after the 29th
day of June, 1916, to or for the benefit of an enemy subject,
shall, unless made with the consent of the Governor, confer
on the allottee or transferee any rights or remedies in respect
thereof, and the company by whom the security was issued
shall not take any cognizance of or otherwise act upon any
notice of any such transfer except by leave of a court of
competent jurisdiction or of the Governor.

(3) Every company which contravenes the provisions of
this section shall upon summary conviction be liable to a
fine not exceeding one thousand dollars, and every director,
manager, secretary, or other officer of the company who is
knowingly a party to the default shall upon summary con-
viction be liable to a fine for a like amount or to imprisonment
for any term not exceeding six months.

As amended by No. 8 of 1916 and Law Rev. Ord., 1924.





(4) Where the right of nominating or appointing a director
of a company is vested in any enemy or enemy subject, the
right shall not be exerciseable except by leave of the
Governor, and any director nominated or appointed in
exercise of such right shall, except as aforesaid, cease to hold
office as director.

27. Where the Colonial Secretary certifies that it appears
to him that a company registered in the Colony is carrying
on business either directly or through an agent, branch, or
subsidiary company outside the Colony, and.that in carrying
on such business it has entered into or done acts which if
entered into or done in the Colony would constitute the
offence of trading with the enemy, the Colonial Secretary
may present a petition for the winding-up of the company
by the court, and the issue of such a certificate shall be a
ground on which the company may be wound up by the court,
and the certificate shall, for the purposes of the petition, be
evidence of the facts therein stated.

28. The Custodian has and shall be deenled always to
have had power to charge such fees in respect of his duties
under this Ordinance, whether by way of percentage or
otherwise as the Governor in Council may fix, and such fees
shall be collected and accounted for by such persons in such
manner and shall be paid to such account as the Governor in
Council directs, and the incidence of the fees as between
capital and income shall be determined by the Custodian.

29. The Custodian shall not make any payment to an
enemy subject without the permission of the Governor.

30. Every person who, for the purpose of obtaining any
permit, licence, authority, or approval for any transaction or
matter under or in connexion with any proclamation or
Ordinance relating to trading with the enemy, or for the
purpose of obtaining a permit or licence to export any goods
the exportation of which without a permit or licence is
prohibited by or under any proclamation or Ordinance or
Order in Council,-
(a) makes or presents any declaration or statement or
representation which is false in any material particular; or

As amended by No. 8 of 1916 and Law Rev. Ord., 1924.
As amended by No. 15 of 1917 and Law Rev. Ord., 1924.





(b) produces a guarantee, certificate, or undertaking which
is false in any material particular, or has not been given by
the person by whom it purports to have been given, or which
has been in any way altered or tampered with,

shall upon summary conviction be liable to a fine not
exceeding five thousand dollars or, alternatively, in the case
of goods for export, treble the value of the goods, and to
imprisonment for any term not exceeding three months,
unless he proves that he bad taken all reasonable steps to
ascertain the truth of the statements made or contained in
any document so presented or produced or to satisfy himself
of the genuineness of the gnarantee, certificate or undertak-
ing.

SCHEDULE. [s. 3.]

FORM NO. 1.

WARRANT.

The Tradeing with the Enemy Ordinance, 1914, s. 3 (1).
Hongkong.

To each and all of the officers of the police force of the Colony of
Hongkong and to ..........................................................................
..........................................

Oath baving been made before the undersigned, a magistrate of the said
Colouy, that an offence under the Trading with the Enemy Ordinance, 1914,
has been Committed (or that it is anticipated that an offence under the
Trading with the Enemy Ordinance, 1914, is about to be committed)
by ....................Of ....................................
Victoria in the said Colony namely that the said ...................................
...................................................................................
unlawfully did on or about the .......... day of ...................................
19 ...................................................................................
and that the said .....................................................................
uses (or has used) the premise ........................................................
..................................................
in connexion with his (on their) business or trade:

These are therefore to authorise you in His Majesty's name -

(a) to inspect all books and documents belonging to or under the control
of the said ......................................................

(b) to require any person whom you may consider able to give any
information respecting the business or trade of the said.........................
................ to give such information;





(c) if accompanied by a police officer or if yourself a police officer to
search the premises .......................................................................
.......................................... ;

(d) to seize and take possession of all books documents and things
discovered in the course of such inspection or search which may appear to
furnish any evidence that any offence under the said Ordinance has been or
was about to be committed;

(e) to do all such acts and things as may be reasonably necessary for the
purpose of effecting such inspection, search or seizure.


Dated this .............day of 19

[L.S.]
...........................
Magistrate.

FORM NO. 2.

ORDER.

The Trading with the Enemy Ordinance, 1914, s. 3(2).

Hongkong.

To each and all of the officers of the police force of the Colony of
Hongkong and to............................................................

Whereas it has been made to appear to the under signed that an offence
under the Trading with the Enemy Ordinance, 1914, has been committed
(or that it is anticipated that an offence under the Trading with the Enemy
Ordinance, 1914, is about to be committed) by..............................
..................of............................Victoria in the said Colony
namely that the said...................................unlawfully did on or
about the ................day of ................19.........................
............................................................................
and that the said......................................uses (has used) the
premises ..................................................................
in connexion with his (or their) business or trade:

These are therefore to authorise you in His Majesty's name-

(a) to inspect all books and documents belonging to or under the control
of the said.........................................;

(b) to require any person whom you may consider able to give any
information respecting the business or trade of the said....................
.......................................to give such information;

(c) if accompanied by a police officer or if yourself a police officer to
search the premises.......................................................
..........................................................................;
(d) to seize and take possession of all books documents and things
discovered in the course of such inspection or search which may appear to
furnish any evidence that any offence under the said Ordinance has been or
was about to be committed

(e) to do all such acts and things as may be reasonably necessary for the
purpose of effecting such inspection search or seizure.

Dated this ............day of............19
[L.S.]

.............

Captain Superintendent of Police.
Deputy Superintendent of Police.
Assistant Superintendent of Police.

[Originally No.25 of 1914. No.12 of 1915. No.22 of 1915. No 28 of 1915 No.4 of 1916. No.8 of 1916. No.15 of 1917. No. 11 of 1919. No.6 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 5 Geo. 5, c. 12, s 14 (2) 5 Geo.5, C,12,s.2(5) 5 Geo. 5, c12, 14 (2) 5&6 Geo.5, c. 105, s.15. 4 & 5 Geo. 5, c. 87, s. 1 (2). Penalty of imprisonment and fine for trading with the enemy. 4 & 5 Geo. 5, c.87, s. 1 (1). Penalty of forfeiture. [s.2 contd.] officer of firm or body corporate liable. 4 & 5 geo.5, c.87, s 1 (3) Consent of Attorney General. 4 & 5 Geo. 5, c. 87, s 1 (5) Attempts, etc. 5 Geo. 5, c. 12, s 10 (1) Aiding and abetting 5 Geo. 5, c.12, s. 10 (2). Dealing with money, etc., for purpose of enabling an enemy to obtain money or credit 5 Geo. 5, c.12, s. 10 (3). Invalidity of assignment of debts, etc., by enemies. 5 Geo. 5, c. 12, s 6. Invalidity of transfers of shares in company, etc. 5 Geo. 5, c. 12, s. 8. Ordinance no. 58 of 1911. Inspection, obtaining of information, and search. 4 &5 Geo. 5, c. 87, s 2 (1) Schedule. Form No, 1. Schedule. Form No. 2. [s.3 contd.] Governor may appoint inspector in certain cases. 4 & 5 Geo. 5, c. 87,s.2 (2). Limitation on powers of certain companies to commence proceedings 5 & 6 Geo, 5, c.79, s 4. Refusal to produce books, etc. to authorised person 4 & 5 Geo. 5. C.87, s. 1 (3) Power to use information in evidence against informant. 5 Geo. 5, c,12, s. 13. Penalty for mutilation of documents, etc. 6 & 7 Geo. 5, c. 52, s. 2. Power to appoint supervisor 5 Geo. 5, c. 12, s. 12. Extension of powers to appoint inspectors and supervisors. 5 & 6 Geo. 5, c. 105, s. 3. Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 Geo. 5, c.12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and of local branches of enemy firms. Certain powers not to be limited. 5 Geo. 5, c.12, s. 14 (4). Constitution of office of Custodian of enemy property. 5 Geo. 5,. C. 12, s. 1. Rights and powers to be exercisable by the Custodian for the tine being. Powers and duties of the Custodian. Payment of dividends, etc, payable to enemy. 5 Geo. 5. c. 12, s. 2. [s. 8 contd.] [s. 8 contd.] 5 & 6 Geo. 5. C. 79, s.1 (1) 5 & 6 Geo. 5, c. 79, s. 1 (3) Duty of trustees for enemies to notify the Custodian. 5. Geo. 5. C. 12, s. 3. [s. 9contd.] 5& 6 Geo. 5, c. 79, s. 1 (2) 5 & 6 Geo. 5, c. 79, s. 2. 5 & 6 Geo 5, c. 79, s. 1 (3) Power to vest enemy property in Custodian. 5 Geo. 5. C. 12, s. 4. Holding and dealing with property by Custodian. 5 Geo. 5, c. 12,s. 5; 5 & 6 Geo. 5, c. 105, s. 12. right to pay into court sums due on coupons suspected of being enemy property. 5 Geo. 5, c.12, s.7. Condition as to the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company 5 Geo. 5. C.12, s. 9. seizure and forfeiture of goods of enemy origin 5 Geo. 5, c. 31, s. 6. Seizure and forfeiture of goods destined for or coming from an enemy. Certificate of British customs or consular officer to be prima facie evidence. Exemption for certain liquidators and others from ss. 8 and 9. Power to prohibit trading with persons of enemy nationality or association. 5 & 6 Geo. 5, c. 98, s. 1 (1), (2). Application of certain other enactments. 5 & 6 Geo, 5 c. 98, s, 1 (3). Ordinance No.32 of 1915. Meaning of trading 5 & 6 Geo. 5, c.98, s. 1 (4). Provision as to contracts against public interest 5 & 6 Geo. 5, c. 105, s. 2. Ordinance No. 28 of 1914. Power of Governor to vest enemy property in Custodian. 5 & 6 Geo. 5. C. 105. S.4. Ordinance No. 5 of 1901. Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s.7. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. Validity of vesting orders 5 & 6 Geo. 5. C. 105, s. 9. Power to refuse registration of companies in certain cases, etc. 5 & 6 Geo, 5. C. 105, s. 10. Power of court to order winding up of companies in certain circumstances. 5 & 6 Geo. 5, c. 105, s. 11. Fees payable to Custodian 5 & 6 Geo. 5, c. 105, s. 13. Payment by custodian of debts due to enemy subjects Penalties for false statements, etc. 6 & 7 Geo. 5, c 52, s. 1.

[Originally No.25 of 1914. No.12 of 1915. No.22 of 1915. No 28 of 1915 No.4 of 1916. No.8 of 1916. No.15 of 1917. No. 11 of 1919. No.6 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 5 Geo. 5, c. 12, s 14 (2) 5 Geo.5, C,12,s.2(5) 5 Geo. 5, c12, 14 (2) 5&6 Geo.5, c. 105, s.15. 4 & 5 Geo. 5, c. 87, s. 1 (2). Penalty of imprisonment and fine for trading with the enemy. 4 & 5 Geo. 5, c.87, s. 1 (1). Penalty of forfeiture. [s.2 contd.] officer of firm or body corporate liable. 4 & 5 geo.5, c.87, s 1 (3) Consent of Attorney General. 4 & 5 Geo. 5, c. 87, s 1 (5) Attempts, etc. 5 Geo. 5, c. 12, s 10 (1) Aiding and abetting 5 Geo. 5, c.12, s. 10 (2). Dealing with money, etc., for purpose of enabling an enemy to obtain money or credit 5 Geo. 5, c.12, s. 10 (3). Invalidity of assignment of debts, etc., by enemies. 5 Geo. 5, c. 12, s 6. Invalidity of transfers of shares in company, etc. 5 Geo. 5, c. 12, s. 8. Ordinance no. 58 of 1911. Inspection, obtaining of information, and search. 4 &5 Geo. 5, c. 87, s 2 (1) Schedule. Form No, 1. Schedule. Form No. 2. [s.3 contd.] Governor may appoint inspector in certain cases. 4 & 5 Geo. 5, c. 87,s.2 (2). Limitation on powers of certain companies to commence proceedings 5 & 6 Geo, 5, c.79, s 4. Refusal to produce books, etc. to authorised person 4 & 5 Geo. 5. C.87, s. 1 (3) Power to use information in evidence against informant. 5 Geo. 5, c,12, s. 13. Penalty for mutilation of documents, etc. 6 & 7 Geo. 5, c. 52, s. 2. Power to appoint supervisor 5 Geo. 5, c. 12, s. 12. Extension of powers to appoint inspectors and supervisors. 5 & 6 Geo. 5, c. 105, s. 3. Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 Geo. 5, c.12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and of local branches of enemy firms. Certain powers not to be limited. 5 Geo. 5, c.12, s. 14 (4). Constitution of office of Custodian of enemy property. 5 Geo. 5,. C. 12, s. 1. Rights and powers to be exercisable by the Custodian for the tine being. Powers and duties of the Custodian. Payment of dividends, etc, payable to enemy. 5 Geo. 5. c. 12, s. 2. [s. 8 contd.] [s. 8 contd.] 5 & 6 Geo. 5. C. 79, s.1 (1) 5 & 6 Geo. 5, c. 79, s. 1 (3) Duty of trustees for enemies to notify the Custodian. 5. Geo. 5. C. 12, s. 3. [s. 9contd.] 5& 6 Geo. 5, c. 79, s. 1 (2) 5 & 6 Geo. 5, c. 79, s. 2. 5 & 6 Geo 5, c. 79, s. 1 (3) Power to vest enemy property in Custodian. 5 Geo. 5. C. 12, s. 4. Holding and dealing with property by Custodian. 5 Geo. 5, c. 12,s. 5; 5 & 6 Geo. 5, c. 105, s. 12. right to pay into court sums due on coupons suspected of being enemy property. 5 Geo. 5, c.12, s.7. Condition as to the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company 5 Geo. 5. C.12, s. 9. seizure and forfeiture of goods of enemy origin 5 Geo. 5, c. 31, s. 6. Seizure and forfeiture of goods destined for or coming from an enemy. Certificate of British customs or consular officer to be prima facie evidence. Exemption for certain liquidators and others from ss. 8 and 9. Power to prohibit trading with persons of enemy nationality or association. 5 & 6 Geo. 5, c. 98, s. 1 (1), (2). Application of certain other enactments. 5 & 6 Geo, 5 c. 98, s, 1 (3). Ordinance No.32 of 1915. Meaning of trading 5 & 6 Geo. 5, c.98, s. 1 (4). Provision as to contracts against public interest 5 & 6 Geo. 5, c. 105, s. 2. Ordinance No. 28 of 1914. Power of Governor to vest enemy property in Custodian. 5 & 6 Geo. 5. C. 105. S.4. Ordinance No. 5 of 1901. Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s.7. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. Validity of vesting orders 5 & 6 Geo. 5. C. 105, s. 9. Power to refuse registration of companies in certain cases, etc. 5 & 6 Geo, 5. C. 105, s. 10. Power of court to order winding up of companies in certain circumstances. 5 & 6 Geo. 5, c. 105, s. 11. Fees payable to Custodian 5 & 6 Geo. 5, c. 105, s. 13. Payment by custodian of debts due to enemy subjects Penalties for false statements, etc. 6 & 7 Geo. 5, c 52, s. 1.

https://oelawhk.lib.hku.hk/items/show/1287

1923

v5

346

No. 25 of 1914

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