ALIEN ENEMIES (WINDING UP) ORDINANCE, 1914

ALIEN ENEMIES (WINDING UP) ORDINANCE, 1914

No. 26 of 1914, incorporated in No. 6 of 1887.

No. 27 of 1914, repealed by No. 24 Of 1927.

No. 28 of 1914.
An Ordinance to provide for the winding up of the affairs of
certain alien enemies.

[27th October, 1914.]

*WHEREAS it may be necessary that in the event of war certain
alien enemies should be ordered to quit the Colony and
that certain other alien enemies should be detained: AND
WHEREAS it is expedient that provision should be made for
the winding-up of the affairs of such alien enemies in order
to prevent loss to them and to other persons:

1. This Ordinance may be cited as the Alien Enemies
(Winding up) Ordinance, 1914.

2. In this Ordinance,
(a) ' Alien enemy ' means an alien whose sovereign or state
is at war with His Majesty, and includes every body corporate
incorporated or established in the territory, or within the juris-
diction, or under the laws, of any sovereign or state that is at
war with His Majesty, and includes every firm which at any
time after the commencement of the war has a partner or an
office in the territory of any sovereign or state that is at war with
His Majesty;
(b) ' Commencement of the war ' means as respects any
alien enemy the date of the proclamation of the Governor to the
effect that war has broken out between His Majesty and the state
of which the alien enemy is a subject, unless any earlier date is
indicated in the proclamation, and in that case, such earlier date

As amended by No. 4 of 1926 [19.3.26]
* As amended by Law Rev. Ord., 1939.





(c) ' Custodian ' means the person appointed by the
Governor under section 13 Qf the Trading with the Enemy
Ordinance, 1914, to be Custodian of enemy property or, until
such appointment has been made, the Official Receiver;

(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) ' Legal proceeding ' includes an arbitration, and refer-
ences to the bringing of legal proceedings against any persons
shall in the case of arbitrations be construed as referring to the
commencement of arbitrations to which such persons would be
parties;

(f) ' Person ' means any natural person, company, firm or
association or body of persons corporate or unincorporate;

(g) ' Property ' includes every right or interest whatsoever
in, to or arising out of any property;

(h) ' Trade ' includes every kind of business, occupation
and work;

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

3. If any question arises under or in consequence of this
Ordinance as to whether any person is or was an alien enemy
or not, a certificate under the hand of the Colonial Secretary
that in his opinion such person is or was an alien enemy shall
be sufficient proof for all purposes that such person is or was
an alien enemy as the case may be, and the onus of proving that
such person is not or was not an alien enemy shall lie upon the
person asserting such to be the case.

4-(i) No alien enemy shall carry on any trade, or do any
act in furtherance of or in contemplation of any trade, or make
any disposition of any property, without the permission of the
Governor conveyed by any officer duly authorized in that behalf.

(2) No firm which has an alien enemy partner or an alien
enemy manager shall carry on any trade, or do any act in
furtherance of or in contemplation of any trade, or make any dis-

As amended by Law Rev., Ord., 1939.





position of any property, Without the permission of the Governor
conveyed by any officer duly authorized in that behalf.

(3) No person shall without the permission of the Governor
pay any money or part with any property whatsoever to or for
the benefit of any alien enemy, or in any way deal with any
property for the benefit of an alien enemy whether such alien
enemy be within or without the Colony.

(4) Any permission, referred to in this section may be given
subject to such conditions, restrictions and limitations as the
Governor may think fit.

(5) All permissions and licences previously given to any
person in the Colony shall absolutely cease and determine on the
date on which he becomes an alien enemy.

5.-(1) When an alien enemy has been ordered to quit the
Colony, or has been made a prisoner of war or has been
detained for any other reason, or is about to be made a prisoner
of war or, to be detained for any other reason, or is absent from
the Colony, it shall be lawful for the Governor to appoint any
person whom he may think fit as liquidator to wind up the
affairs of any trade formerly carried on in the Colony by such
alien enemy, whether on his own account or on account of
himself and a partner or on account of an employer or principal,
and to wind up the personal affairs of such alien enemy.

(2) Such liquidator may be appointed although such alien
enemy may have been carrying on such trade wholly or partly
on behalf of a person who is not an alien enemy.

(3) Such liquidator may he appointed although the trade
carried on in the Colony by such alien enemy may have been a
branch or the head office of a trade carried on also outside the
Colony.

(4) The appointment of any such liquidator shall be made
by writing under the hand of the Colonial Secretary, and such
writing shall be conclusive evidence of such appointment for all
purposes whatsoever until the appointment has been revoked.

(5) It shall be lawful for the Governor to revoke any such
appointment at any moment in his absolute discretion, and

As amended by Law Rev. Ord., 1939.





upon tile communication of such revochtion to the liquidator his
powers as liquidator shall absolutely cease and determine, without
prejudice however to any acts bond fide done by him as liquidator
before the communication of such revocation of such appoint-
ment, and without prejudice to the rights of any persons who
may bona fide deal with him without notice of any such
revocation.

(6) The rights and powers of any such liquidator shall take
effect from the date of his appointment.

(7) Any such liquidator shall for all purposes whatsoever
have as full rights and powers as If the whole of the trade
previously carried on by such alien enemy, together with the
goodwill of such trade and every part thereof, and all the property
of every description previously employed in or in connexion
with such trade, or any branch of such trade outside the Colony,
and all the property in the Colony of such alien enemy, or
standing in his name, had been absolutely assigned for valuable
consideration to such liquidator, and as if all the contracts of
such trade, and all the contracts of such alien enemy with regard
to his private affairs, had originally been entered into with such
liquidator, and in particular the appointment of a liquidator of
the trade of an alien enemy under the provisions of this Ordin-
ance shall not alter, vary or affect in any way any liability or
obligation of any comprador of any such trade, or of any
surety of any such comprador, as existing immediately before
the appointment of the liquidator, nor shall such appointment
operate to discharge any such comprador or any surety of any
such comprador in respect of any such liability or obligation or
to give him or any person who has mortgaged, pledged, charged,
assigned or given any property to secure any such comprador
any rights such surety or person would not otherwise have had
whether in respect of any personal obligation or of any property
mortgaged, pledged, charged, assigned or given as security or
otherwise: Provided that no such liquidator shall, as against
any third parties, be entitled to insist on the continuance of any
partnership or agency or any contract for the performance of
any personal service by such alien enemy, otherwise than may
be necessary for the purposes of such winding-up.

(8) Any proceedings, except proceedings in bankruptcy
against an alien enemy, which but for this Ordinance might





have been brought by or against such alien enemy in respect of
such trade or in respect of the private affairs of such alien enemy
may be brought by or against such liquidator: Provided that
no liquidator shall incur any liability in respect of any such
winding-up beyond the assets which may have come to his hand
and which have not been bona fide parted with by him in the
course of such winding-up: Provided also that no liquidator
shall incur any personal liability in respect of any such winding-up
except for such acts or defaults as would be criminal in the case
of a natural person.

(9) Any, such winding-up may be carried out without any
authority for any act or omission being required from any person
outside the Colony.

(io) Every such winding-up shall, subject to the just rights
of any other persons, be carried out as for the benefit of the
persons entitled to the profits of such trade, or to any property
dealt with by the liquidator, and all proceeds realized by such
winding-up shall be paid into a bank approved of by the
Governor to await the ultimate disposal thereof in accordance
with such law as may be enacted, or such directions as may be
given by the Governor, in that behalf.

(ii) Every liquidator shall be entitled to retain out of the
assets of the trade, or out of the personal assets, of the alien
enemy whose trade or personal affairs respectively he has been
appointed to wind up, the expenses incurred by the liquidator
in the course of such winding-up, including (a) the rent of any
business premises formerly occupied by such alien enemy which
accrues while such premises are occupied by the liquidator for
the purpose of such winding-up, (b) audit fees and (c) any
money which may be advanced by the liquidator for the pur-
poses of such winding-up, and also a sum of money equal to two
and a half per cent. on the total assets realized ot brought to
credit by the liquidator, as remuneration for his loss of time and
trouble.

(12) In case the assets of any such trade, or the personal
assets of any such alien enemy, are or become insufficient to
meet all the corresponding liabilities, such assets shall be applied
in the following order of priority-
firstly, the expenses incurred by the liquidator in the course
of such winding-up, including (a) the rent of any business





premises formerly occupied by such alien enemy which accrues
while such premises are occupied by the liquidator for the pur-
pose of such winding-up, (b) audit fees and (c) any money
which may be advanced by the liquidator for the purposes of
such winding-up;

secondly, a sum of money equal to two and a half per cent.
on the total assets realized or brought to credit by the liquidator,
to be retained by him as remuneration for his loss of time and
trouble

thirdly, all sums of money due to secured creditors up to
the value of their respective securities;

fourthly, the salary or wages of any clerk or servant in
respect of services rendered since the last day of the month
immediately preceding the commencement of the war, less any
sum of money due by such clerk or servant to such alien enemy
or the comprador of such alien enemy;

fifthly, all sums of money due to the Crown;

sixthly, all other liabilities rateably pari passu whether due
to persons within or without the Colony: Provided that, in the
case of the winding-up of any trade formerly carried on in the
Colony by an alien enemy which was a branch of a trade carried
on also. outside the Colony, such liabilities in the opinion of the
liquidator arise out of transactions entered into by or on behalf
of such branch within the Colony and are not liabilities which
would ordinarily have been discharged by branches of such trade
outside the Colony.

(13) In case the net assets of any such trade, or the net
personal assets of any such alien enemy, after deducting the
value of all securities held by secured creditors, are or become
insufficient to satisfy the total sums of money which the
liquidator is entitled under sub-section (11) to retain, every
secured creditor shall be liable to pay to the liquidator such
proportion of the sum by which the net assets as above defined
are insufficient for the purpose aforesaid as the value of his
security may bear to the total assets realized or brought to credit
by the liquidator.

(14) The accounts of every such liquidator with respect to
any such winding-up shall be audited in such manner as the
Governor may direct.





(15) Every person who without lawful excuse refuses to
hand over to a liquidator on demand any keys, safe, office
furniture, account books, cheque books, or other things of any
nature whatsoever, of which he may be in possession and which
may have been used in connexion with or which may relate to
the trade or personal affairs of the alien enemy whose trade or
personal affairs respectively such liquidator has been appointed
to wind up, and every person who without lawful excuse in
any way obstructs any liquidator in taking possession of any
premises occupied by or on behalf of such alien enemy imme-
diately before the appointment of such liquidator, shall be deemed
to commit an offence against this Ordinance.

(16) Notwithstanding anything in this Ordinance, the
Governor shall have power, in any case where it appears to him
that the remuneration of any liquidator under the foregoing
provisions would be inadequate, to award to such liquidator such
remuneration as the Governor thinks fit and thereupon such
liquidator shall be entitled to retain such increased remuneration
out of the assets of the trade, or out of the personal assets of
the alien enemy whose trade or personal affairs respectively he
has been appointed to wind up: Provided that nothing in this
sub-section shall be construed as affecting the rights of any
secured creditor of such alien enemy.

(17) Subject to the provisions of this Ordinance, every such
liquidator shall conform to any directions which may be given
to him by the Governor.

(18) In sub-sections (11), (12) and (13) the total assets
realized or brought to credit by the liquidator shall be deemed
to include all credit balances in any bank in any account formerly
operated on by the alien enemy whose trade or personal affairs
such liquidator was appointed to wind up, and all sums of
money due and payable to any such alien enemy by his com-
prador immediately before the appointment of such liquidator,
but no liquidator shall be entitled to any remuneration on any
such balance or sum of money without the express permission
of the Governor.

(19) It shall be within the absolute discretion of the
Governor to determine whether any remuneration on any such
balance or sum of money shall be drawn.





6.(1) No person shall without the permission of the
Governor carry on or engage in the trade or any part of the trade
formerly carried on by any alien enemy.

(2) Any such permission, may be given subject to such
conditions, limitations and restrictions as the Governor may
think fit.

(3) If any person acts in any way for any former principal
of such alien enemy, or corresponds or deals with any person
with whom such alien enemy formerly had trade relations, he
shall be presumed to be carrying on the trade formerly carried
on by such alien enemy, unless he proves to the satisfaction of
the magistrate or the court or the jury, as the case may be,
(a) that such trade was bond fide assigned or parted with or
abandoned by such alien enemy before the commencement of the
war or (b) that he has bona fide established new trade relations
with such principal or person without the intervention or assist-
ance of such alien enemy and that lie is not trading in any way
on account of or for the benefit of any alien enemy.

7.(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 band 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 anti-
cipated 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 infor-
mation as having been or being used in connexion with such
business or trade

* As amended by Law Rev. Ord., 1939,





(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; and

(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 without any information being
laid or sworn, to authorize any person or persons named in such
order to do all such acts and things as he or they, might have
been authorized to do by a warrant issued by a magistrate under
sub-section (i).

(3) 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 authorized
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 authorized
by any such warrant or order in writing aforesaid, shall be
deemed to commit an offence against this Ordinance.

8. No alien enemy shall be entitled to present a bankruptcy
petition against himself.

9. (1) No action or other legal proceeding shall without
the permission of the Governor be brought by or against any
liquidator appointed under this Ordinance in respect of the trade
or personal affairs which such liquidator was appointed to wind

* As amended by Law Rev. Ord., 1939.





up, or against any alien enemy whose trade or personal affairs
a liquidator has been appointed to wind up.

(2) Any such permission may be limited to the taking of
such proceedings only as may be necessary in order to prevent
the operation of any enactment whereby the commencement of
the action or legal proceeding might be limited.

(3) No further proceeding of any kind whatsoever shall
without the permission of the Governor be taken in any action
or other legal proceeding begun against any such alien enemy
before the appointment of a liquidator to wind up the trade or
personal affairs of such alien enemy.

(4) Where by the law and practice of the Supreme Court
or by any special order any limited time from and after any date
or event is appointed or allowed for the doing of any act or the
taking of any proceeding in any such action or other legal
proceeding as is referred to in this section, any time which
elapses between the commencement of the war and the date on
which any permission of the Governor to take further pro-
ceedings in the said action or other legal proceeding is served on
the other party or parties by the party obtaining such permission,
both dates inclusive, shall not be reckoned in the computation of
such limited time.

(5) No execution of any kind whatsoever shall without the
express permission of the Governor issue against any such
liquidator or any such alien enemy in any such action or othet.
legal proceeding as is referred to in this section, whether any
general permission to begin the action or other legal proceeding
or to take further proceedings therein has been obtained from
the Governor or not.

(6) No plaintiff in any such action or other legal proceeding
as is referred to in this section shall be deemed to be a secured
creditor by reason only of any order or judgment made or given
in such action or other legal proceeding before the commence-
ment of the war, or by reason only of such order or judgment
and of any steps taken thereunder.

10. Every order and judgment duly made or given in any
action or other legal proceeding brought by or against any
liquidator appointed under this Ordinance in respect of the trade





or personal affairs which such liquidator was appointed to wind
up shall for all purposes and in all respects be as binding on
the alien enemy whose trade or personal affairs such liquidator
was appointed to wind up and on all the persons entitled to the
profits of such trade as if the action or other legal proceeding
had been brought by or against, and the order or judgment had
been made or given for or against, such alien enemy and persons
as well as by, against or for such liquidator.

11. The Supreme Court shall have power to stay any
action or other legal proceeding brought against any liquidator
appointed under this Ordinance in respect of the trade or
personal affairs which such liquidator was appointed to wind up
in any case in which it seems to the court desirable to do so
in the interests of justice on account of the liquidator being
unable to obtain proper instructions from the alien enemy whose
trade or personal affairs such liquidator was appointed to wind
up, or for any similar reason.

12. The Supreme Court shall have power, of its own motion
or at the application of any party or on the representation of
the Crown, to stay any action or other legal proceeding brought
against any alien enemy in any case in which it seems to the
court desirable to do so in the interests of justice on account
of the impossibility of obtaining proper instructions from such
alien enemy owing to the state of war which exists between His
Majesty and the state to which such alien enemy belongs, or for
any similar reason.

13.(1) Any liquidator appointed under this Ordinance
shall with the permission of the Governor be entitled to apply
to the court for directions on any matter arising out of the
winding-up.

(2) Any such application shall be heard and determined in
such manner as the court may direct and it shall be lawful for
the court to hear such parties and persons as it may think fit.

(3) The costs of any such application shall be in the discre-
tion of the court.

(4) No claim for any costs awarded against such liquidator

As amended by Law Rev. Ord., 1939.





on any such application shall have any priority over any other
claim against such liquidator in respect of the winding-up.

14., Any liquidator appointed under this Ordinance shall
with the permission of the Governor be entitled to discharge out
of the assets in his hand any liability of the alien enemy whose
trade or personal affairs such liquidator was appointed to wind
up, although such liability may have arisen out of a transaction
entered into by such alien enemy on behalf of a branch of his
trade outside the Colony and may not be a liability which would
ordinarily have been discharged by such alien enemy within the
Colony.

15. No liquidator shall without the express permission of the
Governor assign away the goodwill of the trade or of any part
of the trade which he was appointed to wind up, or any trade
mark used in connexion therewith.

16.(1) The power of appointing a liquidator conferred on
the Governor by section 5 shall be deemed to include the following
powers-

(a) power to appoint a liquidator of the trade or personal
affairs of any alien enemy whether such alien enemy has ever
been in the Colony or not;

(b) power to appoint a liquidator of the trade or personal
affairs of any person any of whose property was for any purpose
whatsoever in the possession, custody or control of any person
whose trade or personal affairs a liquidator has been appointed
to wind up;

(c) power to appoint a liquidator of the estate of any
deceased alien enemy;

(d) power to appoint a liquidator of the estate of any
deceased person of whose estate an alien enemy is executor or
administrator

(e) power to appoint a liquidator of the trade or personal
affairs of any person who is or at any time since the commence-
ment of the war has been a partner or a joint owner or an owner
in, common with any alien enemy;

* As amended by Law Rev. Ord., 1939.





(f) power to appoint a liquidator of the affairs of any asso-
ciation of persons or organization which is or at any time since
the commencement of the war has been composed in whole or
part of alien enemies or which at any time since the commence-
ment of the war has been in whole or part represented in the
Colony by an alien enemy;

(g) power to appoint a liquidator of the affairs of any
person if the Governor thinks it advisable on account of the
enemy nationality or association of such person.

(2) Every such liquidator shall have as full rights and
powers as any other liquidator appointed under this Ordinance.

(3) The Governor shall be deemed to have power to give
directions for the sale or disposal of any property which at any
time since the commencement of the war has been in the
possession, custody or control of any alien enemy and which is
not claimed by any person who is not an alien enemy.

17.(1) Every liquidator appointed under this Ordinance
to wind up the affairs or estate of any person shall for all
purposes whatsoever be deemed to have power, while acting as
such liquidator, to transfer all the property of whatever descrip-
tion within the Colony of such person, or vested in such person,
or belonging to such estate, in all respects as fully as if the
transfer had been duly made or executed by or on behalf of such
person, or by or on behalf of his legal personal representative,
as the case may be, whether such liquidator can or cannot
produce any title-deeds or other documents of title relating to
such property, and any such transfer by such liquidator shall
be deemed to pass all the legal estate in such property which
may be vested in such person, or in his legal personal repre-
sentative, at the date of such transfer.

(2) Nothing in this section shall be construed as limiting in
any way whatsoever any powers which any liquidator appointed
under this Ordinance would have possessed if this section had
not been enacted.

18. The rights and powers of a liquidator under this Ordin-
ance shall pass from liquidator to liquidator, so as to be exercis-
able by the liquidator for the time being during his continuance
in office.

As amended by Law Rev. Ord., 1939.





19.(1) In every winding-up under this Ordinance it shall
be lawful for the liquidator to distribute the assets in the first
instance on the footing that no interest has accrued or shall
accrue on any debt after the first appointment of a liquidator
of the trade or personal affairs of the person whose assets are
about to be or are being distributed: Provided that nothing in
this section shall affect the rights of any secured creditor in
respect of any security held by him.

(2) Any surplus assets remaining after such distribution
may be applied rateably in the payment of claims for interest.

20. In every winding-up under this Ordinance the assets
shall, so far as they are available for discharging unsecured
debts, be applied in discharging such debts due to creditors who
are not enemies or enemy subjects in priority to the unsecured
debts due to creditors who are enemies or enemy subjects:
Provided that nothing in this section shall be construed as
authorizing any payment being made to a creditor who is an
enemy or an enemy subject.

21. (1) Every liquidator appointed under this Ordinance
to wind up the trade or personal affairs of any person may, by
writing signed by him, with the permission of the Governor,
disclaim any lease or contract under which such person is subject
to any liability.

(2) Notwithstanding anything contained in section 30, such
disclaimer shall operate to determine, as from the date on which
the disclaimer is signed, the rights, interests and liabilities ot
such person under the lease or contract disclaimed, but shall
not, except so far as is necessary for the said purpose, affect the
rights or liabilities of any other person.

(3) Where the person whose affairs are being wound up
was the lessee of any premises, and the liquidator has with the
consent of the lessor sub-let the said premises or any portion
thereof, the lessor, upon such disclaimer, shall not be entitled
to distrain on any premises field by such sub-tenant except for
the rent formerly payable by the sub-tenant to the liquidator in
respect of the premises, and the lessor shall not be entitied to
enter on any premises so held by such sub-tenant except for
breach of some covenant contained in the sub-lease, if any.

* As amended by Law Rev. Ord., 1939.





(4) Notice of such disclaimer shall so far as is practicable
be given to every party to the lease or contract disclaimed other
than the person whose affairs are being wound up: Provided
that no such disclaimer shall be void or otherwise affected on
the ground only that any notice required.by this sub-section has
not been given.

(,5) Any person injured by the operation of a disclaimer
under this section shall, to the extent of the injury, be deemed
to be a creditor of the person whose trade or personal affairs
are being wound up.

(6) Any person who alleges himself to be so injured shall,
within six weeks of his being required by the liquidator to do so,
furnish to the liquidator a statement of the extent of such injury,
verified by statutory declaration, together with the evidence in
support of such statement.

(7) Upon receiving such statement and the evidence in
support thereof, the liquidator shall proceed to admit or reject
such claim or to admit it in part and, subject to any order made
by the court under sub-station (8), his decision shall be final
for all purposes of the winding-up.

(8) If the party alleging himself to be injured by the opera-
tion of the disclaimer is dissatisfied with such decision, it shall
be lawful for him within one month of such decision being
communicated to him to require the liquidator to apply to the
court for directions, and the liquidator shall thereupon apply
to the court for directions and any order made by the court
on any such application shall be final for all purposes of the
winding-up. The party alleging himself to be injured shall be
entitled to be heard upon any such application.

(9) It shall be lawful for the court to enlarge the time limited
in sub-section (6) or sub-section (8) upon such terms as the
justice of the case may require, and any such enlargement may
be ordered although the application for the same is not made
until after the expiration of the time limited.

22. (1) It shall be lawful for any liquidator appointed
under this Ordinance to give notice to any secured creditor of
the person whose affairs such liquidator has been appointed to

* As amended by Law Rev. Ord., 1939.





wind up to realize his security within such time from the receipt
of such notice by the secured creditor as the liquidator may by
such notice or by any modification thereof appoint: Provided
that the time so appointed shall not be less than one month,
and provided that no such notice shallbe given except with the
permission of the Governor.

(2) The secured creditor shall realize his security within the
time appointed and shall furnish forthwith to the liquidator an
account of the proceeds of such realization.

(3) Where the proceeds of such realization exceed the
amount to which the secured creditor is entitled under the terms
of the security, the secured creditor shall forthwith pay any
surplus to the liquidator.

(4) If there is any dispute as to the amount to which the
secured creditor is entitled, or if the secured creditor fails to
comply with any of the provisions of this section, the liquidator
shall apply to the court for directions and any order made by
the courton such application shall be final for all purposes of
the winding-up.

(5) If the secured creditor fails to realize his security within
the time limited, the court may by order vest the property in
the liquidator and may give directions as to the sale of the
property by the liquidator and may make such order as may be
necessary for the purpose of enabling the liquidator to realize
the property.

(6) In this section, ' terms of the security ' shall include
any rights possessed by any corporate body over the shares in
such corporate body in respect of debts due to such corporate
body.

23. Any order made by the court pn any application by a
liquidator for directions under any of the provisions of this
Ordinance may be enforced in the same manner as any judgment
or order of the court in an action would be enforceable: Pro-
vided that no order made on any such application for directions
shall be enforced without the permission of the Governor.

As amended by Law Rev. Ord., 1939.





24.(1) There shall vest in the Custodian-
(a) the goodwill of every trade formerly carried on in the
Colony by any person who is or at any time since the com-
mencement of the war has been an alien enemy, or by any such
person in partnership with any other person, except in so far as
any such goodwill may have been validly transferred before the
commencement of the war to some person who is not and has
not since the commencement of the war been an alien enemy;

(b) all rights whatsoever in respect of any trade mark as
defined in the Trade Marks Ordinance, 1909, or in respect of
any trade description as defined in the Merchandise Marks
Ordinance, 1890, which are vested in or exercisable by any
person who is or at any time since the commencement of the
war has been an alien enemy, or which would be exercisable by
any such person but for the existence of a state of war ;
(c) without prejudice to any other provision in this section,
the goodwill of every trade formerly carried on in the Colony
by any person whose affairs are being. or have been wound up
by a liquidator appointed under this Ordinance, and all rights
whatsoever in respect of any trade mark or trade description
used in connexion with such goodwill or trade which are vested
in or exercisable by any such person or which would be exercis-
able by any such person but for the existence of a state of war.

(2) The goodwill referred to in this section shall not, for
the purposes of this Ordinance and of vesting the aforesaid
rights in the Custodian, be deemed to have determined by
reason of this Ordinance or of the existence or continued exist-
ence of a state of war or of any circumstances arising therefrom,
but the said trade marks shall be deemed to have been lawfully
transmitted to the Custodian and shall remain vested in him
notwithstanding the actual determination of the said goodwill
if such goodwill has in fact determined or, does hereafter
determine.

(3) Notwithstanding anything in the Trade Marks Ordin-
ance, 1909, or in any rules made thereunder, no such trade mark
as is referred to in this section shall be liable to removal from
the register of trade marks for non-payment of the fee for renewal
of registration thereof except by order of the Governor: but no
omission on the part of the Registrar of Trade Marks to send

As amended by Law Rev. Ord., 1939.





the notice prescribed by section 30 of that Ordinance nor the
non-receipt by the registered proprietor of a trade mark of any
such notice nor any omission on the part of the Registrar to
advertise the fact of non-payment of the renewal fee shall be a
bar to the removal from the register of any such trade mark of
which the registration hasexpired and has not been renewed;
and any such trade mark may be removed from the register upon
or after the expiration of the period for which it was registered.

25. No act of any liquidator appointed under this Ordinance
to wind up the trade or personal affairs of any person shall be
deemed invalid by reason only of the fact that at the time when
the act was done such person was not an alien enemy or had
died or had ceased to exist.

26. No legal proceeding of any kind whatsoever, civil or
criminal, shall without the permission of the Governor be
brought against any liquidator or any public officer in respect
of any act or omission connected in any manner whatsoever with
any winding-up under this Ordinance.

27. The provisions of this Ordinance shall continue to apply
until such time as the Governor may order otherwise, either
generally or in a particular case, notwithstanding that by
reason of the cessation of a state of war or for any other cause
whatsoever any person whose rights may be affected by any of
the said provisions has ceased to be an alien enemy or an enemy
or an enemy subject.

28. Every person who commits any offence against this
Ordinance shall be deemed to be guilty of a misdemeanor and
shall be liable upon conviction either summarily or on indict-
ment to imprisonment for any term not exceeding twelve months
and to a fine not exceeding five thousand dollars.

20. No prosecution shall be instituted under this Ordinance
without the consent of the Attorney General.

30. Nothing in this Ordinance shall be deemed to affect
the rights or remedies of any person against any alien enemy,
except in so far as the liabilities of such alien enemy may
have been discharged towards such person by a liquidator

As amended by Law Rev. Ord., 1939.





appointed under this Ordinance: Provided that, where a
liquidator has been appointed to wind up the affairs of any trade
formerly carried on in the Colony by an alien enemy or to wind
up the personal affairs of any alien enemy, no proceedings in
bankruptcy shall be brought or be maintained against any such
alien enemy so long as the appointment of such liquidator, or
of any person appointed as liquidator in succession to such
liquidator, remains in force.

31. Any powers given under this Ordinance shall be in
addition to and not in derogation of any other powers with
respect to alien enemies or any other powers of His Majesty.

SCHEDULE.

FORM No. 1. [s. 7 (1).]

WARRANT.

The Alien Enemics (Winding up) Ordinance, 1914, s. 7.
Hong Hong.

To each and kill of the officers of the police force of the Colony
of Hong Kong and to ...............................................................
.................................

Oath having been made before the, undersigned, a magistrate of
the said Colony, that a11 offence under the Alien Enemies (Winding
up) Ordinance, 1914, has been committed [or that it is anticipated
that an offence under the Alien Enemies (Winding up) 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 Alajesty's narne-

(a) to inspect all boohs anddocuments belonging to or under the
control of the said ....... :

+ As amended by No. 4 of 1926 [19.3.26].
* As amended by Law Rev. Ord., 1939.





(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 Ordin-
ance has been or wag 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.]

...........
Magi8trate.

FORM No. 2. [s. 7 (2).]

ORDER.
The Alien Enernies (Winding up) Ordinance, 1914, s. 7.

Hong Kong.

ro 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 Alien Enemies (Winding up) Ordinance, 1914, has
been committed [or that it is anticipated that an offence under the
Alien Enemies (Winding up), Ordinance, 1914, is about to be com-
mitted] by ............of
in the said Colony namely that the said .......................................
unlawfully did on or about the day of ...........
19 , ..................................................................................... 1
and that the said ............uses [or has used]
the premises .................
in connexion with his [or their] business or trade:

As amended by Law Rev. Ord., 1939.





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 accompitnied by a police officer or if yourself a police officer
to enter and scardh 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.,

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

Dated this day of

....................
(Deputy) Conimissioner of Police.

(Divisional) Superintendent of Police.
(Assistant) }

No. 29 of 1914, repealed by No. 5 Of 1924.

No. 30 of 1914, incorporated in No. 28 of 1914.

No. 31 of 1914, incorporated in No. 1 of 1884,
repealed by No. 41 of 1935.

No. 32 of 1914, incorporated in No. 1 of 1895.

No. 33 of 1914, repealed by No. 17 Of 1923.
[16.12.27.] [Originally No. 28 of 1914. No. 4 of 1926. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 25 of 1914. Onus of proof as to ahen enemy character. Alien enemy not to trade or dispose of property without permission. Winding-up of trade formerly carried on by alien enemies or on their behalf, and of their personal affairs. [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] Cash balances, and the remuneration thereon. Prohibition against carrying on the trade of an alien enemy. Inspection, obtaining of information, and search. Schedule. Form No. 1. Schedule. Form No. 2. No alien enemy to be entitled to present a bankruptcy petition against himself. Leave necessary for legal proceedings. Action by or against liquidator to bind alien enemy and others. Court to have power to stay action against liquidator. Court to have power stay action against alien enemy. Liquidator to be entitled to apply for directions. Power to discharge liabilities incurred outside the Colony. Goodwill and trade marks. Power to appoint a liquidator in certain special cases and to give directions for the disposal of certain property. Transfer of property. Rights and powers to pass from liquidator to liquidator. Distribution on the footing that interest does not accrue after the commencement of the winding-up. Priority over debts due to enemies. Disclaimer. Realization of securities held by secured creditors. Enforcement of orders made on applications for directions. Goodwill and trade marks vested in Custodian. Ordinances Nos. 40 of 1909 and 4 of 1890. Ordinance No. 40 of 1909. Validity of acts of liquidators. Protection of liquidators and public officers. Provisions to continue in force. Penalty. Consent of Attorney General. Rights against alien enemies not affected. Saving of other powers. [Sched. Contd.]

[16.12.27.] [Originally No. 28 of 1914. No. 4 of 1926. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 25 of 1914. Onus of proof as to ahen enemy character. Alien enemy not to trade or dispose of property without permission. Winding-up of trade formerly carried on by alien enemies or on their behalf, and of their personal affairs. [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] [s. 5 contd.] Cash balances, and the remuneration thereon. Prohibition against carrying on the trade of an alien enemy. Inspection, obtaining of information, and search. Schedule. Form No. 1. Schedule. Form No. 2. No alien enemy to be entitled to present a bankruptcy petition against himself. Leave necessary for legal proceedings. Action by or against liquidator to bind alien enemy and others. Court to have power to stay action against liquidator. Court to have power stay action against alien enemy. Liquidator to be entitled to apply for directions. Power to discharge liabilities incurred outside the Colony. Goodwill and trade marks. Power to appoint a liquidator in certain special cases and to give directions for the disposal of certain property. Transfer of property. Rights and powers to pass from liquidator to liquidator. Distribution on the footing that interest does not accrue after the commencement of the winding-up. Priority over debts due to enemies. Disclaimer. Realization of securities held by secured creditors. Enforcement of orders made on applications for directions. Goodwill and trade marks vested in Custodian. Ordinances Nos. 40 of 1909 and 4 of 1890. Ordinance No. 40 of 1909. Validity of acts of liquidators. Protection of liquidators and public officers. Provisions to continue in force. Penalty. Consent of Attorney General. Rights against alien enemies not affected. Saving of other powers. [Sched. Contd.]

https://oelawhk.lib.hku.hk/items/show/1536

1937

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