TRADING WITH THE ENEMY ORDINANCE, 1914

TRADING WITH THE ENEMY ORDINANCE, 1914

No. 19 of 1914, incorporated in No. 1 of 1862,
repealed by Law Rev. Ord., 1937.

No. 20 of 1914, repealed by No. 25 Of 1917.

No. 21 of 1914, repealed by No. 5 Of 1921.

No. 22 of 1914, incorporated in No. 7 of 1886.

No. 23 of 1914, repealed by No. 15 Of 1927.

No. 24 of 1914, incorporated in No. 2 of 1866,
repealed by No. 6 of 1929 and Law Revision
Ordinance, 1937.

No. 25 of 1914.

An Ordinance to impose penalties for trading with the enemy,
to make provision as respects the Property of enemies and
enemy subjects, and for purposes connected with the
matters aforesaid.
[6th October, 1914.]

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

Interpretation.

2.-(1) In this Ordinance,

(a) ' Commencement of the war ' means as respects any
enemy the date of the proclamation of the Governor to the effect
that war has broken out between His Majesty and the country
in which that enemy resides or carries on business, unless any
earlier date is indicated in the said proclamation and in that
case such earlier date;

The provisions of this Ordinance, the amendments to which are set out
in full in the Schedule to the Law Revision Ordinance, 1939, have
been rearranged, amplified and re-enacted.





(b) ' Custodian means the person appointed by the
Governor under section 15 to be Custodian of enemy property
or, until such appointment has been made, the Official Receiver;

(c) ' 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 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,
but for the existence of a state of war, would have been trans-
missible 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;

(d) ' Enemy subject ' means-

(i) an individual who, not being either a British subject or
a British protected person, possesses the nationality of a State
at war with His Majesty, or

(ii) a body of persons constituted or incorporated in, or
under the laws of, any such State ;

(e) ' Enemy territory ' means any area which is under the
sovereignty of, or in the occupation of, a Power with whom His
Majesty is at war, not being an area in the occupation of Ris
Majesty or of a Power allied with His Majesty;

(f) e . xcept so far as relates to the imposition of the penalty
of imprisonment, ' person ' shall include a body corporate and
a firm;

(g) ' The war ' means any war after the commencement of
this Ordinance between His Majesty and any foreign state.

(2) A certificate of the Colonial Secretary that any area is
or was under the sovereignty of or in the occupation of any
Power, or as to the time at which any area became or ceased
to be under such sovereignty or in such occupation, shall, for
the purposes of any proceedings under or arising out of this
Ordinance, be conclusive evidence of the facts stated in the
certificate.

(3) In considering for the purposes of any of the provisions
of this Ordinance whether any person has been an enernyor an





enemy subject, no account shall be taken of any state of affairs
existing before the commencement of the war.

(4) For the purposes of this Ordinance, a person shall be
deemed to be a director of a body corporate if he occupies in
relation thereto the position of a director, by whatever name
called ; and for the purposes of the provisions of this Ordinance
in relation to offences by bodies corporate a person shall be
deemed to be a director of a body corporate if he is a person
in accordance with whose directions or instructions the directors
of that body act:

Provided that a person shall not, by reason only that the
directors of a body corporate act on advice given by him in a
professional capacity, be taken to be a person in accordance with
whose directions or instructions those directors act.

3.-(1) Subject to the provisions of this section., the expres-
sion ' enemy ' for the purposes of this Ordinance means-

(a) any State, or Sovereign of a State, at war with His
Majesty ;

(b) any individual resident in enemy territory

(c) any body of persons, whether corporate or unincor-
porate, carrying on business in any place, if and so long as the
body is controlled by a person who, under this section, is an
enemy; or

(d) any body of persons, constituted or incorporated in, or
under the laws of, a State at war with His Majesty,

but does not include any person by reason only that he is an
enemy subject.

(2) The Governor may by order direct that any person
specified in the order shall, for the purposes of this Ordinance,
be deemed to be, while so specified, an enemy.

Trading with the enemy and mattem relating thereto.

4.-(1) Any person who trades with the enemy within the
meaning of this Ordinance shall be guilty of an offence of
trading with the enemy and shall be liable-





(a) on conviction on indictment, to imprisonment for a term
not exceeding seven years or to a fine or to both such imprison-
ment and a fine, or

(b) on summary conviction, to imprisonment for a term not
exceeding twelve months or to a fine not exceeding ten thousand
dollars, or to both such imprisonment and such fine.

(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 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 any such property or proceeds.

(3) For the purposes of this Ordinance a person shall be
deemed to have traded with the enemy-

(a) if he has had any commercial, financial or other inter-
course or dealings with or for the benefit of an enemy, and
in particular, but without prejudice to the generality of the
foregoing provisions, if he has-

(i) supplied any goods to or for the benefit of an enemy
or obtained any goods from an enemy or traded in or carried
any goods consigned to or from an enemy or destined for or
coming from enemy territory; or

(ii) paid or transmitted any money, negotiable instrument
or security for money to or for the benefit of an enemy or to a
place in enemy territory; or

(iii) performed any obligation to, or discharged any obliga-
tion of, an enemy, whether the obligation was undertaken before
or after the commencement of the war; or

(b) if he has done anything which, under the following
provisions of this Ordinance, is to be treated as trading with the
enemy:





Provided that a person shall not be deemed to have traded
with the enemy by reason only that he has-

(i) done anything under an authority given generally or
specially by, or by any person authorized in that behalf by, the
Governor; or

(ii) received payment from an enemy of a sum of money
due in respect of a transaction under which all obligations on
the part of the person receiving payment had been performed
before the commencement of the war bf reason of which the
person from whom the payment was received became an enemy.

(4) Any reference in this section to an enemy shall be con-
strued as including a reference to a person acting on behalf of
an enemy.

(5) No prosecution for an offence of trading with the enemy
shall be instituted except by, or with the consent of, the Attorney
General :

Provided that this sub-section shall not prevent the arrest,
or the issue or execution of a warrant for the arrest, of any
person in respect of such an offence, or the remanding, in
custody or on bail, of any person charged with such an offence,
notwithstanding that the necessary consent to the institution of
a prosecution for the offence has not been obtained.

(6) This section shall apply to a person who attempts, or
directly or indirectly offers or proposes or agrees, to trade with
the enemy, in like manner as it applies to a person who so
trades.

(7) Every person who without lawful authority 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 shall be deemed to be guilty of such
an offence.

(8) Every Person who without lawful authoritv 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 an offence of trading with tlie enemy.

5.-(1) Purchasing enemy currency shall be treated as
trading with the enemy.

(2) In this section ' enemy currency ' means any such
notes or coins as circulate as currency in any area under the
sovereignty of a Power with whom His Majesty is at war, not
being an area in the occupation of His Majesty or of a Power
allied with His Majesty, or any such other notes or coins as
are for the time being declared by an order of the Governor
to be enemy currency.

6.-(1) No assignment of a chose in action made by or
on behalf of an enemy shall, except with the sanction of the
Governor, be effective so as to confer on any person any rights
or remedies in respect of the chose in action; and neither a
transfer of a negotiable instrument by or on behalf of an enemy,
nor any subsequent transfer thereof, shall, except with the
sanction of the Governor, be effective so as to confer any rights
or remedies against any party to the instrument.

(2) Sub-section (i) shall apply in relation to any transfer
of any coupon or other security transferable by delivery, not
being a negotiable instrument, as it applies in relation to any
assignment of a chose in action.

(3) If any person by payment or otherwise purports to
discharge any liability from which he is relieved by this section,
knowing the facts by virtue of which he is so relieved, he shall
be deemed to have thereby traded with the enemy:

Provided that in any proceedings for an offence of trading
with the enemy which are taken by virtue of this sub-section it
shall be a defence for the defendant to prove that at the time
when he purported to discharge the liability in question he had
reasonable grounds for believing that the liability was enforce-
able against him by order of a competent court, not being either
a court having jurisdiction in this Colony or a court of a State
at war with His Majesty, and would be enforced against him
by such an order.

(4) Where a claim in respect of a negotiable instrument or
chose in action is made against any person who has reasonable





cause to believe that, if he satisfied the claim, he would be
thereby committing an offence of trading with the enemy, that
person may pay into the Supreme Court any sum which, but.
for the provisions of sub-section (i), would be due in respect
of the claim, and thereupon that sum shall, subject to the pro-
visions of the Code of Civil Procedure and to rules of court,
be dealt with according to any order of the court, and the pay-
ment shall for all purposes be a good discharge to that person.

(5) Nothing in this section shall apply to securities to which
section 7 applies.

7.-(1) If-

(a) any securities to which this section applies are trans-
ferred by or on behalf of an enemy, or

(b) any such securities, being securities issued by a com-
pany within the meaning of the Companies Ordinance, 1932,
are allotted or transferred to, or for the benefit of, an enemy
subject without the consent of the Governor,

then, except with the sanction of the Governor, the transferee
or allottee shall not, by virtue of the transfer or allotment, have
any rights or remedies in respect of the securities; and no body
corporate by whom the securities were issued or are managed
shall take any cognizance of, or otherwise act upon, any such
transfer except under the authority of the Governor.

(2) No share warrants, stock certificates or bonds, being
warrants, certificates or bonds payable to bearer, shall be issued
in respect of any securities to which this section applies, being
securities registered or inscribed in the name of an enemy or of
a person acting on behalf of, or for the benefit of, an enemy.

(3) Any person who contravenes the provisions of this
section shall be liable, on summary conviction, to imprisonment
for a term not exceeding six months or to a fine not exceeding
two thousand dollars or to both such imprisonment and such
fine.

(4) This section applies to the following securities, that is
to say, annuities, stock, shares, bonds, debentures or debenture
stock registered or inscribed in any register, local or branch
register, or other book kept in this Colony.





8.-(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 authorize 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 is about to be
committed;

(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 enter and search any premises specified in the said
information 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 under 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 appears to be impracticable to obtain such
warrant from a magistrate in time, it shall be lawful for the
Commissioner of Police, or any officer of police not below the
rank of Assistant Superintendent, by order in writing under his
hand, which may be in Form No. 2 in the Schedule, on such
grounds as he may think fit and withoucany information being
laid or sworn, to authorize any person or persons named in
such order to do all such acts and things as be or they might
have been authorized to do by a warrant issued by a magistrate
under sub-section (i).





9.-(1) The Governor, if he thinks it expedient for securing
compliance with section 4 of this Ordinance so to do, may by
written order authorize a specified person (hereafter in this
section referred to as ' an inspector ') to inspect any books or
documents belonging to, or under the control of, a person named
in the order, and to require that person and any other person
to give such information in his possession with respect to any
business carried on by the named person as the inspector may
demand, and for the purposes aforesaid to enter on any premises
used for the purposes of that business.

(2) If, on a report made bv an inspector as respects any
business, it appears to the Governor that it is expedient, for
securing compliance with section 4 of this Ordinance, that the
business should be subject to supervision, the Governor may
appoint a person (hereafter in this section referred to as ' a
supervisor ') to supervise the business, with such powers as the
Governor 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 by whom the said business
is carried on.

(3) If anv person, without reasonable cause, fails to produce
for inspection, or furnish, to an inspector or a supervisor or a
person authorized under section 8 any document or information
which he is duly requested by the inspector or supervisor or
authorized person so to produce or furnish, that person shall
be liable, on summary conviction, to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding
six months or to both such fine and such imprisonment.

(4) If any person, with intent to evade the provisions of
this section, destroys, mutilates or defaces any book or other
document which any person is or may be authorized under this
section or section 8 to inspect, he shall be liable-

(a) on conviction on indictment, to imprisonment for a term
not exceeding five years or to a fine or to both such imprisonment
and a fine; or

(b) on summary conviction, to imprisonment for a term
not exceeding twelve months or to a fine not exceeding two
thousand dollars or to both such imprisonment and such fine.

(5) Where a person has been authorized under this section





or section 8 to inspect any books and documents and any such
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 an offence and
liable to the punishment provided in sub-section (4) unless he
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 committed with-
out his knowledge or connivance.

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

10. Where a person has given any information to a person
authorized under this section or section 8 to inspect any books
and documents or to supervise a business, the information so
given may be used in evidence against him in any proceedings
relating to an offence of trading with the enemy, notwithstanding
that he gave the information only on being required so to do
by the person so appointed or authorized in pursuance of his
powers under that section.

11. Where. it appears to the Colonial Secretary in reference
to any person---

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

(b) that the. control or management of hisArade or business
has been or is ftikely to be so affected by the state of war as to
prejudice its effective continuance 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 considera-
tions arising out of the war,

the Colonial Secretary may apply to the Supreme Court for the
appointment of a controller of the trade or business and the





Supreme Court shall have power to appoint such a controller
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 thinks 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 that purpose, to create
charges on the property of the person aforesaid 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 expenses on the property of the person afore-
said in such order of priority in relation to any existing charges
thereon as it thinks fit.

12. Notwithstanding anything contained in this Ordinance
it shall not be lawful for any bank, the constitution of which at
the commencement of the war provided that any of the officers
or directors thereof should be resident in any place which is
for the time being enemy territory, to carry on its business
in any way whatsoever except for the Purpose of completing
transactions entered into before the war, 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 fit.

13. Notwithstanding anything contained, in this Ordinance,
if any enemy has a branch locally situated in the Colony, or if
any firm carrying on business in the Colony had at the com-
mencement of the war any partner who at any time after the
commencement of the war is or becomes an enemy within the
meaning of this Ordinance, or if any enemy 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.

14. Nothing in this Ordinance 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.





Property of enemies and enemy subjects.

15.-(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, including
the legal estate in all property and rights so vested, shall pass
to, Vest in and be exercisable by the holder of the said 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.

(3) The Custodian shall have such powers and duties with
respect to the property aforesaid as may be prescribed by
order of 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.

16.-(1) Any sum which, but for the existence of a state
of war, would have been payable and paid to or for the benefit
of an enemy, by way of dividends, interest or share of profits,
shall be paid by the person by whom it would have been payable
to the Custodian to hold subject to the provisions of this Ordin-
ance and any order made or direction given thereunder, and
the payment shall be accompanied by such particulars as the
Governor may prescribe, Pr as the dustodian if so authorized
by the Governor may require.

Any payment required to be made under this sub-section
to the Custodian shall be made within fourteen days after it
would have been paid.

(2) If any person fails to make or recluire 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 two thousand dollars and to
imprisonment for any term not exceeding six months and in
addition to a further fine not exceeding one thousand dollars for
every day during which the default continues.

(3) If in the case of any person whose books and documents
are liable to inspection under section 8 or 9 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 authorized to inspect the books and
documents 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 has not distributed as dividends,
interest or profits the whole of the amount properly available
for that purpose, the inspector or the 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
G6vernor 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 controller has been appointed under
section ii, this sub-section shall apply as if for references to the
inspector. there were substituted references to the controller.

(4) The provisions of this section shall extend to sums which,
but for the existence of a state of war, would have been payable
and paid in the Colony to enemies-

(a) in respect of interest on securities issued by or on behalf
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 payment
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 company) the
duty of 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 through whom the pay-
ments in the Colony are made, and this section shall apply
accordingly.

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

17.-(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
commencement of the war, or if the property comes into his
possession or under his control after the commencement of the
war, 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 theretq as the
Custodian may require, and if any person fails to do so he shall
upon summary conviction be liable to a fine not exceeding two
thousand dollars and to imprisonment for any term not exceeding
six months, and in addition to a further fine not exceeding
one thousand 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 commencement of the war, by notice
in writing communicate to the Custodian full particulars of all
shares, stock, debentures and debenture stock and other
obligations of the conipany 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 commencement of the war, 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 person fails to comply with the provisions of this





sub-section he shall upon summary conviction be liable to a
fine not exceeding two thousand dollars and to imprisonment
for any term not exceeding six months, and in addition to a
further fine not exceeding one thousand dollars for every day
during which the default continues.

(3) Where the Custodian is satisfied from returns made to
him under this section, that any such securities as are referred
to in section 16 (4) (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 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 relates shall be paid to the,
Custodian in like manner as if the securities were held by an
enemy.

(4) Sub-section (i) shall apply to balances and deposits
standing to the credit of enemies at any bank, and to debts to
the amount of five hundred dollars, or upwards, which are due
or which, but for the existence of a state of war, would have
been due, to enemies, as if such bank or debtor were a person
who held property on behalf of an enemy.

(5) 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.

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

18.-(1) The Supreme Court 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 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 may seem proper.

(2) The court 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 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 Trustee Ordinance, 1934.

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

19.-(1) The Custodian shall, except so far as the Governor
or the Supreme Court 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 termina-
tion of the war, and shall thereafter deal with the same in such
manner as the Governor may direct.

(2) The property field by the Custodian under this Ordin-
ance shall not be liable to be attached or otherwise taken in
execution, but the Custodian may in his discretion, if so
authorized by an order of the Supreme Court, 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:

Provided that before paying any such debt the Custodian
shall take into considexation 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 statutorv declaration may have been served
upon him.

(3) The receipt of the Custodian or any person duly
authorized 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 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 Custodian shall not make any payment to an enemy
subject without the permission of the Governor.

(6) 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 18.

20.-(1) Notwithstanding, and without prejudice to, any
other provision of this Ordinance, the Governor may, with a
view to preventing the payment of money to enemies and to
preserving enemy property in contemplation of arrangements to
be made at the conclusion of peace, by order-

(a) require the payment to the Custodian of money which
would, but for the existence of a state of war, be payable to or
for the benefit of a person who is an enerny, or which would,
but for the provisions of section 6 or 7, be payable to any other
person ;

(b) vest in the Custodian such enemy property as may be
prescribed, or provide for, and regulate, the vesting in the
Custodian of such enemy property as may be prescribed;

(c) vest in the Custodian the right to transfer such other
enemy property as may be prescribed, being enemy property
which has not been, and is not required by the order to be,
vested in the Custodian;

(d) confer and impose on the Custodian and on any other
person such rights, powers, duties and liabilities as may be
prescribed as respects-

(i) property which has been, or is required to be, vested in
the Custodian by or under the order,

(ii) property of which the right of transfer has been, or is
required to be, so vested,.

(iii) any other enemy property which has not been, and is
not required to be, so vested, or

(iv) money which has been, or is by the order required to
be, paid to the Custodian;





(e) require the payment of the prescribed fees to the
Custodian in respect of such matters as may be prescribed and
regulate the collection of and accounting for such fees;

(f) require any person to furnish to the Custodian such
returns, accounts and other information and to produce such
documents, as the Custodian considers necessary for the dis-
charge of his functions under the order;
and any such order may contain such incidental and supple-
mentary provisions as appear to the Governor to be necessary or
expedient for the purposes of the order.

(2) Where any requirement or direction with respect to
any money or property is addressed to any person by the
Custodian and accompanied by a certificate of the Custodian
that the money or property is money or property to which an
order under this section applies, the certificate shall be evidence
of the facts stated therein, and if that person complies with the
requirement or direction, he shall not be liable to any action or
other legal proceeding by reason only of such compliance.

(3) Where in pursuance of an order made under this
section or section 18-

(a) any money is paid to the Custodian,
(b) any property, or the right to transfer any property, is
vested in the Custodian, or

(c) a direction is given to any person by the Custodian in
relation to any property which appears to the Custodian to be
property to which the order applies,
neither the payment, vesting or direction nor any proceedings
in consequence thereof shall be invalidated or affected by reason
only that at a material time-

(i) some person who was or might have been interested in
the money or property, and who was an enemy or an enemy
subject, had died or had ceased to be an enemy or an enemy
subject, or

(ii) some person who was so interested, and who was
believed by the Custodian to be an enemy or an enemy subject,
was not an enemy or an enemy subject.

(4) Any order under this section shall have effect not-
withstanding anything in any other Ordinance unless in that





Ordinance it is expressly provided that such order shall be
subject to the provisions of that Ordinance.

(5) If any person pays any debt, or deals with any property,
to which this Ordinance, or any order under this section, applies,
otherwise than in accordance with the provisions of this Ordin-
ance, or such order, as the case may be, he shall be liable on
summary conviction to imprisonment for a term not exceeding
six months or to a fine not exceeding two thousand dollars or
to both such imprisonment and such fine; and the payment or
dealing shall be void.

(6) If any person, without reasonable cause, fails to produce
or furnish, in accordance with the requirements of an order
under this section, any document or information which he is
required under the order to produce or furnish, he shall be liable
on summary conviction to a fine not exceeding two hundred
dollars for every day on which the default continues.

(7) In this section-

(a) ' enemy property ' means any - property for the time
being belonging to or held or managed on behalf of an enemy
or an enemy subject;

(b) ' property ' means. real or personal property, and in-
cludes any estate or interest in real or personal property, any
negotiable instrument, debt or other chose in action, and any
other right or interest, whether in possession or not; and

(c) ' prescribed ' means prescribed by an order made
under this section.

General and supplementary.

During the war, a certificate 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 any person whose
books and documents are liable to inspection under section 9
(i); or





(b) a licence from the Governor authorizing the acquisition
by the company of such an undertaking.

(2) Where such a statutory declaration has been filed, it
shall not be lawful for the company during the war, without the
licence of the Governor, to acquire the whole or any part of any
such undertaking, and if it does so every person who is a party
to the default shall, without prejudice to any other liability, be
liable upon summary conviction to a fine not exceeding two
thousand dollars and to imprisonment for any term not exceeding
six months.

22.-(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) 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 exercisable except by leave of the Governor,
a rid any director nominated or appointed in exercise of such
right shall, except as aforesaid, cease to hold office as director.

23. 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 sub-
sidiary 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 an 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 stich 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.

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 18 or 20, 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 heing 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 registration 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.

(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.

25. It shall be lawful for the Governor to exempt any
liquidator appointed under the provisions of the Alien Enemies
(Winding up) Ordinance, 1914, or any other person, from the
operation of sections 16 and 17, either in whole or part and
either permanently or temporarily, and to withdraw in whole or
part any exemption so granted.

26. Any restrictions imposed by any Ordinance 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 17, not only during the 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.

27. 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 he may think fit, and thereupon
such contract shall be deemed to be cancelled or determined
accordingly.

28.-(1) Where the Superintendent of Imports and Exports
has reason to suspect-

(a) that the place of origin of any goods imported into the
Colony is in enemy territory, or





(b) that any goods within the Colony are destined for or
have come from an enemy,

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
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 goods.

(3) In any proceeding for the forfeiture of any goods so
seized as aforesaid, the place of origin of the goods shall be
deemed to be in enemy territory or, as the case may be, the
goods shall be deemed to be destined for or to have come from
an enemy, unless the contrary is proved.

(4) In this section, goods 'destined for' an enemy includes
goods directly or indirectly supplied to or for the use or benefit
of an enemy or for transmission to an enemy; and goods which
have ' come from ' an enemy includes goods directly or in-
directly obtained from an enemy.

29.-(1) Every person who, for the purpose of obtaining
any authority or sanction under this Ordinance, or in giving
any information for the purposes of this Ordinance or of any
order made thereunder, 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

(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
ten 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
had taken all reasonable steps to ascertain the truth of the, state-





ments made or contained in any document so presented or
produced or to satisfy himself of the genuineness of the
guarantee, certificate or undertaking.

(2) Every person who wilfully obstructs any person in the
exercise of any powers conferred on him by or under this
Ordinance shall be liable on summary conviction to a fine not
exceeding one thousand dollars.

30. Where any offence under this Ordinance committed by
a body corporate is proved to have been committed with the
consent or connivance of, or to have been attributable to any
neglect on the part of, any director, manager, secretary or other
officer of the body corporate, he, as well as the body corporate,
shall be deemed to be guilty of that offence, and shall be liable
to be proceeded against and punished accordingly.

31.-(1) Any document stating that any authority or sanc-
tion is given under any of any provisions of this Ordinance by
the Governor and purporting to be signed on behalf of the
Governor shall be evidence of the facts stated in the document.

(2) 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 customs or consular officer shall be Primd facie
evidence of the truth of the matters stated therein.

32. This Ordinance shall be without prejudice to the
exercise of any right or prerogative of the Crown.

SCHEDULE. [s. 8.]

FORM No. 1.

WARRANT.

The Trading with the Enemy Ordinance, 1914, s. 8 (1).
Hong Kong.
To each and all of the officers of the police force of the Colony of
Hong Hong and to ....................................................................
..............





Oath having been made before the undersigned, a magistrate of
the said Colony, 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
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 premises .........................
..............................
in connexion with his (or their) business or trade:

These are therefore to authorize 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 enter and 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

.................
Magistrate.





FORM No. 2.

ORDER.
The Trading ivith the Enenty Ordinance, 1914, s, 8 (2).
Bong Kong.
To each and all of the officers of the police force of the Colony of
Hong Kong and to ...................................................................

Whereas it has been made to appear to the undersigned 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
in the said Colony namely that the said ........................................
.........................................
unlawfully did on or about the .........day of
19 .....................................................................................
and that the said ............
uses (ar has used) the premises ...................................................
....
in connexion with his (or their) business or trade:

These are therefore to authorize 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 enter and search the premises .................................................
.....
(d) to seize and take possession of all books, doeuments 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

............................................
(Deputy) Commissioner of Police,

(Assistant) Superintendent of Police.
(Divisional) }
[16.3.38.] [Originally No. 25 of 1914. No. 18 of 1929. No. 25 of 1937. Law Rev Ord., 1939.] Short title. Interpretation. [s. 2 contd.] 5 & 6 Geo. 5, c. 12, s. 2 (5). Definition of enemy. Penalties for trading with the enemy. [s. 4 contd.] [s. 4 contd.] Consent of Attorney General. Attempts, etc. 5 & 6 Geo. 5, c. 12, s. 10 (1). Aiding and abetting. 5 & 6 Geo. 5, c. 12, s. 10 (2). Dealing with money, etc., for purpose of enabling an enemy to obtain money or credit. 5 & 6 Geo. 5, c. 12, s. 10 (3). Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. Ordinance No. 3 of 1901. Transfer and allotment of securities. Ordinance No. 39 of 1932. Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2 (1). Schedule. Form No. 1. Schedule. Form No. 2. Inspection and supervision of businesses. Penalty for mutilation of documents, etc. 6 & 7 Geo. 5, c. 52, s. 2. Limitation on powers of certain companies to commence proceedings. 5 & 6 Geo. 5, c. 12, s. 13. Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exemption 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 & 6 Geo. 5, c. 12, s. 14 (4). Constitution of office of Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. [cf. No. 28 of 1914, s. 2 ©.] Rights and powers to be exercisable by the Custodian for the time being. Powers and duties of the Custodian. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 16 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 & 6 Geo. 5, c. 12, s. 3. 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 & 6 Geo. 5, c. 12, s. 4. Ordinance No. 18 of 1934. Holding and dealing with property by Custodian. 5 & 6 Geo. 5, c. 12, s. 5; 5 & 6 Geo. 5, c. 105, s. 12. Supplementary provisions regarding the collection of enemy debts and custody of enemy property. [s. 20 contd.] Condition as to the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, 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. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. Exemption for certain liquidators and others from ss. 16 and 17. Ordinance No. 28 of 1914. Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s. 7. Provision as to contracts against public interest. 5 & 6 Geo. 5, c. 105, s. 2. Ordinance No. 28 of 1914. Seizure and forfeiture of goods of enemy origin or destined for or coming from an enemy. 5 & 6 Geo. 5, c. 31, s. 6. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sched. Contd.] [Sched. Contd.]

[16.3.38.] [Originally No. 25 of 1914. No. 18 of 1929. No. 25 of 1937. Law Rev Ord., 1939.] Short title. Interpretation. [s. 2 contd.] 5 & 6 Geo. 5, c. 12, s. 2 (5). Definition of enemy. Penalties for trading with the enemy. [s. 4 contd.] [s. 4 contd.] Consent of Attorney General. Attempts, etc. 5 & 6 Geo. 5, c. 12, s. 10 (1). Aiding and abetting. 5 & 6 Geo. 5, c. 12, s. 10 (2). Dealing with money, etc., for purpose of enabling an enemy to obtain money or credit. 5 & 6 Geo. 5, c. 12, s. 10 (3). Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. Ordinance No. 3 of 1901. Transfer and allotment of securities. Ordinance No. 39 of 1932. Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2 (1). Schedule. Form No. 1. Schedule. Form No. 2. Inspection and supervision of businesses. Penalty for mutilation of documents, etc. 6 & 7 Geo. 5, c. 52, s. 2. Limitation on powers of certain companies to commence proceedings. 5 & 6 Geo. 5, c. 12, s. 13. Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exemption 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 & 6 Geo. 5, c. 12, s. 14 (4). Constitution of office of Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. [cf. No. 28 of 1914, s. 2 ©.] Rights and powers to be exercisable by the Custodian for the time being. Powers and duties of the Custodian. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 16 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 & 6 Geo. 5, c. 12, s. 3. 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 & 6 Geo. 5, c. 12, s. 4. Ordinance No. 18 of 1934. Holding and dealing with property by Custodian. 5 & 6 Geo. 5, c. 12, s. 5; 5 & 6 Geo. 5, c. 105, s. 12. Supplementary provisions regarding the collection of enemy debts and custody of enemy property. [s. 20 contd.] Condition as to the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, 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. Registration of transfer without production of certificates, etc. 5 & 6 Geo. 5, c. 105, s. 8. Exemption for certain liquidators and others from ss. 16 and 17. Ordinance No. 28 of 1914. Duration of restrictions on dealings with enemy property. 5 & 6 Geo. 5, c. 105, s. 7. Provision as to contracts against public interest. 5 & 6 Geo. 5, c. 105, s. 2. Ordinance No. 28 of 1914. Seizure and forfeiture of goods of enemy origin or destined for or coming from an enemy. 5 & 6 Geo. 5, c. 31, s. 6. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sched. Contd.] [Sched. Contd.]

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