TRADING WITH THE ENEMY ORDINANCE

TRADING WITH THE ENEMY ORDINANCE

CHAPTER 188.

THE TRADING WITH THE ENEMY ORDINANCE.'

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................. ... ... ... ... ... 441
2. Interpretation .......................... ... ... ... ... ... 441

3. Special provision for areas in the occupation of a power at
war with His Majesty .................. ... ... ... ... 442

4. Definition of enemy ..................... ... ... ... ... ... 443

TRADING WITH THE ENEMY AND MATTERS
RELATING THERETO.

5. Penalties for trading with the enemy .... ... 443

6. Purchase of enemy currency .............. ... ... ... ... ... 446

7. Transfer of negotiable instruments and choses in action by
enemies ............................... ... ... ... ... ... 446

8. Transfer and allotment of securities .... ... ... ... ... 447

9. Inspection, obtaining of information, and search ... ... 448

10. Inspection and supervision of businesses ... ... ... ... 449

11. Power to use information in evidence against informant 450

12. Power to control and wind up certain business ... ... ... 450

13. Power to appoint controller ............ ... ... ... ... ... 450

14. Exception in the case of certain banks ... ... ... ... 451

15. Power to impose restrictions on business of enemy subjects
and of local branches of enemy firms ... ... ... 451

16. Certain powers not to be limited ....... ... ... ... ... ... 452

PROPERTY OF ENEMIES AND ENEMY SUBJECTS.

17. Custodian of enemy property ............ ... ... ... ... ... 452

18. Disposal of dividends, etc., payable to enemy ... ... ... 453

19. Duty of trustees for enemies to notify the Custodian ... 454

20. Power to vest enemy property in Custodian ... 456

21. Holding and dealing with property by Custodiah ... ... 457

22. Supplementary provisions regarding the collection of enemy
debts and custody of enemy property ... ... ... ... . 457





GENERAL AND SUPPLEMENTARY.
Section................................... Page
23. Condition as to the incorporation of new companies, and pro-
hibition of acquisition of certain undertakings by any
company .................... . ........ ... ... ... ... 460
24. Power to refuse registration of companies in certain cases, etc. 461
25. Power of court to order winding up of companies in certain
circumstances ......................... ... ... ... ... 461

26. Registration of transfer without production of certificates, etc. 461
27. Exemption of certain liquidators and others from sections 18
and 19 ................................ ... ... ... ... ... 462
28. Duration of restrictions on dealings with enemy property 462
29. Provision as to contracts against public interest ... ... 462
30. Seizure and forfeiture of goods of enemy origin or destined
for or coming from an enemy ................... ... ... 462
31. False statements and obstruction .......... ... ... ... ... 463
32. Offences by corporations .................. ... ... ... ... 464
33. Evidence of authority or. sanction of Governor and certificate
of British customs or consular officer ... ... ... 464
34. Saving of rights of the Crown.............. ... ... ... ... 464





CHAPTER 188.

TRADING WITH THE ENEMY.

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.

Interpretation.

2. (1) In this Ordinance-
'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;
'custodian' means the person appointed by the Governor
under section 17 to be Custodian of enemy property or,
when no such appointment subsists, the Official
Receiver;
'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 transmis-
sible 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;
'enemy subject' means-
(a)an individual who, not being either a British subject
or a British protected person, possesses the nation-
ality of a state at war with His Majesty; or





(b)a body of persons constituted or incorporated in, or
under the laws of, any such state;
'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 His Majesty or of a power allied with His
Majesty and also any area which the Governor, with
the prior approval of the Secretary of State, may by
order direct to be treated for the purposes of this Ordin-
ance as enemy territory;
'person' shall include a body corporate and a firm, except
so far as relates to the imposition of imprisonment;
'war' means any war 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 enemy or 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. Notwithstanding the provisions contained in the
definition 'enemy territory' in subsection (i) of section 2
any area which is under the sovereignty of a power with





whom His Majesty is at war shall be treated for all the
purposes of this Ordinance (including the purposes of any
order made thereunder) as enemy territory : Provided that
in the case of an area which, apart from this section, would
not be treated as enemy territory, the Governor may by order
direct that for all the said purposes or such of the said pur-
poses as may be specified in the order the area shall, as from
such day as may be so specified, be treated as not being
enemy territory, and different days may be specified by such
orders as aforesaid in relation to different purposes. [2A]

4. (1) Subject to the provisions of this section, the
expression '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;
(d) any body of persons constituted or incorporated in,
or under the laws of, a state at war with His
Majesty;
(e)as respects any business carried on in enemy terri-
tory, any individual or body of persons (whether
corporate or unincorporate) carrying on that
business ;
but does not include any individual by reason only that he
is an enemy subject.

(2) The Governor with prior approval of the Secretary
of State, 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. [3]

Trading with the enemy and matters mlating thereto.

5. (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
seven years and to a fine, or





(b) on summary conviction, to imprisonment for twelve
months and to a fine of ten thousand dollars.
(2) In addition to the penalties hereinbefore provided, it
shall be lawful for the court or a magistrate, upon the con-
viction 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 surn
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
intercourse or dealings with or for the benefit of an
enemy, and in particular, but without prejudice to
the generality of the foregoing provisions, if lie
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 obligation 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-





(a) done anything under an authority given generally or
specially by, or by any person authorized in that
behalf by, the Governor; or
(b)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 pay-
ment had already been performed when the payment
was received, and had been performed at a time when
the person from whom the payment was received
was not an enemy.

(4) Any reference in this section to an enemy shall be
construed 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 subsection 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 lias
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) Any person who without lawful authority in any-
wise 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) Any person who without lawful authority deals, or
attempts, or offers, proposes or agrees, whether directly or
indirectly, to deal with any money or security for money or
other property which is in his hands, or over which he has
any claim or control, for the purpose of enabling an enemy
to obtain money or credit tbereon or thereby, shall be deemed
to be guilty of an offence of trading with the enemy.





(9) In any proceedings for an offence of trading with the
enemy, the fact that any document has been despatched
addressed to a person in enemy territory shall, unless the
contrary is proved, be evidence, as against any person who
was a party to the despatch of the document, that the person
to whom the document was despatched was an enemy. [4]

6. (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. [5]

7. (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.

Subsection (1) 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 subsection
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
enforceable against him by order of a competent court, not
being either a court having jurisdiction in this Colony or a





court having jurisdiction in enemy territory, 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 subsection (i), would
be due in respect of the claim, and thereupon that sum shall,
subject to the provisions of the Code of Civil Procedure and
to rules of court, be dealt with according to any order of the
court, and the payment shall for all purposes be a good dis-
charge to that person.

(5) Nothing in this section shall apply to securities to
which section 8 applies. [6]

(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
company within the meaning of the Companies
Ordinance, 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 securit ' ies 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 imprison-
ment for six months and to a fine of two thousand dollars.





(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 books kept in this Colony. [7]

9. (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 magis-
trate may on oath being made before him to that effect
authorize by warrant under his hand and seal 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 anti-
cipated 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 speci-
fied 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
obtai n such warrant from a magistrate in time, it shall be
lawful for the Commissioner of Police, or any police officer
not below the rank of assistant superintendent, by order in
writing under his hand 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 subsection (i).
[8]





10. (1) The Governor, if he thinks it expedient for
securing compliance with section 5 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 by an inspector as respects any
business or for other good cause or with the prior approval of
the Secretary of State, it appears to the Governor that it is
expedient, for securing compliance with section 5 or a restric-
tion order under section 12 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 whorn the said business is
carried on.

1 (3) If any person, without reasonable cause, fails to
produce for inspection, or furnish, to an inspector or a super-
visor or a person authorized under section 9 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
of one thousand dollars and to imprisonment for six months.

(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 9 to inspect, he shall be liable-
(a)on conviction on indictment, to imprisonment for
five years and to a fine; or
(b)on summary conviction to imprisonment for twelve
months and to a fine of two thousand dollars.

(5) Where a person has been authorized under this
section or section 9 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 subsection
(4) unless he proves that the destruction, mutilation or falsi-
fication 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 without his knowledge or connivance. [9]

11. Where a person has given any information to a
person authorized under section 9 or 10 to inspect any books
and documents or to supervise a business, the information so
given may be used in evidence against him in any proceed
ings 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. [10]

12. (1) Where any business is, being carried on in the
Colony by or on behalf of or under the direction of persons
all or any of whom are enemies or enemy subjects or appear
to the Governor to be associated with enemies, the Governor
may, if he thinks it expedient so to do, make-
(a) an order (hereafter in this section referred to as a
restriction order) prohibiting carrying on of the
business either absolutely or except for such purposes
and subject to such conditions as may be specified
in the order; or
(b)an order (hereafter in this section referred to as a
winding up order) requiring the business to be
wound up, and the making of a restriction order as
respects any business shall not prejudice the power
of the Governor, if he thinks it expedient so to do,
at any subsequent date to make a winding up order
as respects that business.

(2) The provisions of the Alien. Enemies (Winding Up)
Ordinance, 1914 so far as they are applicable, shall apply to
any winding up under this section. [10A]

13. 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 his trade or
business has been or is likely to be so affected by
the state of war as to prejudice its effective continu-
ance and that it is in the public interest that the trade
or business should continue to be carried on; or
(c)that it is expedient in the public interest that a con-
troller should be appointed owing to circumstances
or considerations arising out of the 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 applica-
tion to the court for that purpose, to create charges on the
property of the person aforesaid in priority to existing
charges. The court shill 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
shali be borne and shall have power if it thinks fit to charge
such costs, charges and expenses on the property of the
person aforesaid in such order of priority in relation to any
existing charges thereon as it thinks fit. [11]

14. Notwithstanding anything contained in this Ordin-
ance 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 Govertior 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. [12]

15. Notwithstanding anything contained in this Ordin-
ance, if any enemy has a branch locally situated in the
Colony, or if any firm carrying on business in the Colony





had at the commencement of the war any partner who at
any time after the corrimencement of the war is or becomes
an enemy within the meaning of this Ordiriance, 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, firin or enemy subject as
he may think fit. [13]

16. Nothing in this Ordinance shall be construed as
limiting any power by proclamation to prohibit any trans-
action which is not prohibited by this Ordinance, or by
licerice to permit any transaction which is so prohibited. [14]

Property of enemies and enemy subjects.

17. (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
and except that no property, right or power shall so vest
if it has lawfully become vested in a person other than
(a) a person to whom an enemy state or administration
has granted power to administer or control such property,
right or powers or (b) an enemy or enemy agent.

(3) The Custodian shall have such powers and duties
with respect to the property aforesaid as may be pres-
cribed 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.

(5) The Governor may by special or general order
exempt from the provisions of sections 17, 18, 19 and 20
or any of them, any property, sum of money or security
which is within any of the categories or descriptions
mentioned in such sections and which would otherwise be
subject to the provisions thereof, and may revoke or amend
any such order from time to time and any such order
may contain such incidental and supplementary provisions
as appear to the Governor to be necessary or expedient
for the purposes of the same. Any such order may take
effect retrospectively.

18. (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 Ordinance and any order made or
direction given thereunder, and the payment shall be accom-
panied such particulars as the Govertior may prescribe,
or as the Custodian if so authorized by the Governor may
require. Any payment required to be made under this
subsection to the Custodian shall be made within fourteen
days after it would have been paid.

(2) If any person fails to make or require the making
of any payment or to furnish the prescribed particulars
within the time mentioned in this section, he shall upon
summary conviction be liable to a fine of two thousand
dollars and to imprisonment for six months and in addition
to a further fine of 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 9 or io
any question arises as to the amount which would have
been so payable and paid as aforesaid, the question shali
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 avail-
able 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 Governor may himself declare the
appropriate dividends and every such declaration shall be
as effective as a declaration to the like effect duly made in
accordance with the constitution of the company : Provided
that, where a controller has been appointed under section
13, this subsection 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, b&lng 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 payments in the Colony are made, and
this section shall apply accordingly. [16]

19. (1) Every person who holds or manages for or on
behalf of an enemy any property, real or personal (includ-
ing 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 commence-
ment 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 thereto as the Custodian may require and if any
person fails to do so he shall upon summary conviction be
liable to a fine of two thousand dollars and to imprison-
ment for six months, and in addition to a further fine of
one thousand dollars for every day during which the default
continues.

(2) Every conipany 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 commence-
ment 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 company
which are held by or for the benefit of an enemy; and
every partner of every firm, one or more partners of which
on the corrimencement 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 parti-
culars 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 subsection lie shall upon summary
conviction be liable to a fine of two thousand dollars and
to imprisonment for six months, and in addition to a further
fine of one thousand dollars for every day during which
the dedault continues.

(3) Where the Custodian is satisfied from returns
niade to him under this section, that any such securities
as are referred to in subsection (4) of section iS (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) Subsection (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 registers of all property
in respect of which returns have been made to him under
this section or under any antecedent requirement that similar
returns be made, and such registers 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 and the preceding section
'securities' includes stock, shares, annuities, bonds, deben-
tures or debenture stock or other obligations. [17]

20. (1) The Supreme Court may, on the application
of any person who appears to the court to be a creditor
of an enerny or entitled to recover damages against aii
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 eneiriy, or on the
application of the Custodian or any Government depart-
ment, 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 Ordin-
ance, and may by, the order confer on the Custodian such
powers of selling, managing aiid 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 aiid
effect as a vesting order as respects property of the same
description made under the Trustee Ordinance.

(4) No application shall be made to the Supreme
Court under this section without the permission of the
Governor. [18]





21. (1) The Custodian shall, except so far as the
Governor or the Supreme Court may otherwise direct, and
subject to the provisions of subsection (2), hold any money
paid to and any property vested in him under this Ordin-
ance until the termination of the war, and shall thereafter
deal with the same in such manner as the Governor may
direct.

(2) The property held by the Custodian under this
Ordinance 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 consideration the
sufficiency of the property paid to or vested in him in respect
of the enemy in question to satisfy that debt and any other
claims against that enemy of which notice verified by
statutory declaration 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 tinder 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 20. [19]

22. (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
arrang ements 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 enemy, or which would, but for the
provisions of section 7 or 8, 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 anv
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;
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 discharge of his
functions under the order;
and any such order may contain such incidental and
supplementary provisions as appear to the Governor to be
necessary or expedient for the purposes of the order.

(2) The rights, powers, duties and liabilities which
may be conferred and imposed by the Governor on the
.Custodian under subsection (i) shall, where it appears to
the Governor that it is expedient that any business should





be carried on or continue to be carried on in or from this
Colony, include such rights, powers, duties and liabilities
as respects the property and money mentioned in paragraph
(d) of subsection (i) as in the opinion of the Governor are
necessary or expedient in order to enable that business so
to be carried on.

(3) 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.

(4) Where in pursuance of an order made under this
section or section 20-
(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 io any property which appears to the
Custodian to be property to which the order applies,
neither the payment, vesting or direction nor any proceed-
ings 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, aiid 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.

(5) 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.

(6) If any person pays any debt, or deals with any
property, to which this Ordinance, or any order tinder this
section, applies, otherwise than in accordance with the





provisions of this Ordinance, or such order, as the case
may be, he shall be liable on summary conviction to a fine
of two thousand dollars and imprisonment for six months,
and the payment or dealing shall be void.

(7) 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 of two
hundred dollars for every day on which the default
continues.

(8) In this section-
'enemy property' means any property for the time being
belonging to or held or managed on behalf of an enemy
or an enemy subject;
'prescribed' means prescribed by an order made under
this section; and
'property' means real or personal property, and includes
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. [20]

General and supplementary.

23. (1) During the war, a certificate of incorporation
of a company shall not be given by the Registrar of Com-
panies until there has been filed with hirn either-'
(a)a statutory declaration by a solicitor ofthe Supreme
Court engaged in the formation of the company
or by a person named in the articles as a director
or secretary 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 subsection (i) of section io;
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 of two
thousand dollars and to imprisonment for six months. [21 ]

24. (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, and any director nominated or appointed in
exercise of such right shall, except as aforesaid, cease to hold
office as director. [22]

25. Where the Colonial Secretary certifies that it
appears to him that a company registered in the Colony is
carrying on business either directly or through an agent,
branch or subsidiary company outside the Colony, and that
in carrying on such business it has entered into or done acts
which if entered into or done in the Colony would constitute
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 such a certificate shall be a
ground on which the company may be wound up by the
court, and the certificate shall, for the purposes of the
petition, be evidence of the facts therein stated. [23]

26. (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 20 or 22, the company
or other body in whose books the shares, stock or securities
are registered shall, upon the receipt of the transfer so
executed by the Custodian and upon being required by him
so to do, register the shares, stock or securities in the name
of the Custodian or other transferee, notwithstanding any
regulation or stipulation of the company or other body, and
notwithstanding that the Custodian is not in possession of
the certificate, scrip or other document of title relating to the
shares, stock or securities transferred, but such 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. [24]

27. 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 18 and 19, either in
whole or part and either permanently or temporarily, and
to withdraw in whole or part any exemption so granted. [25]

28. 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 ig, 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. [26]

29. 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
lias 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
thinic fit, and thereupon such contract shall be deemed to be
cancelled or determined accordingly. [27]

30. (1) Where the Director of Commerce and Industry
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 indirectly obtained from an enemy:
Provided always that the power of seizure hereinbefore
contained shall not apply in respect of goods which have
been lawfully imported into the Colony or are the subject
matter of a contract lawfully concluded pursuant, in either
case, to an enactment, authorization, order, licence or permit
whereunder the application of this Ordinance is exempted
or modified. [28]

31. (1) Any 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 of ten
thousand dollars or, alternatively, in the case of goods for
export, treble the value of the goods, and to imprisonment
for three months, unless he proves that he had taken all
reasonable steps to ascertain the truth of the statement's
made or contained in any document so presented or produced
or to satisfy himself of the genuineness of ihe guarantee,
certificate or undertaking.

(2) Any 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 of one thousand dollars. [29]

32. 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, be, 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. . [30]

33. (1) Any docurnent stating that any authority or
sanction is given under any of the 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 prima facie evidence of the truth of the matters stated
therein. [31]

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





SCHEDULE.

FORM 1.

WARRANT.
Trading with the Enemy Ordinance, s. 9 (1).
(Chapter 188 of the Revised Edition).
Hong Kong.
To each and all of the police officers of the Colony of Hong
Kong 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 has been committed (or that it is anticipated that an
offence under the Trading with the Enemy Ordinance 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

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

FORM 2.

ORDER.
Trading with the Enemy Ordinance, s. 9 (2).
(Chapter 188 of the Revised Edition).
Hong Kong.
To each and all of the police officers 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 has been
committed (or that it is anticipated that an offence under the
Trading with the Enemy Ordinance 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 an take possession of all books, documents and
things discovered in the course of such inspection or search
which may appear to furnish any evidence that any offence
under the said Ordinance has been or was about to be
committed;
(e) to do all such acts and things as may be reasonably
necessary for the purpose of effecting such inspection,
search or seizure.
Dated this day of 19

[L.S.] .....................................
(Deputy) Commissioner of Police.

(Assistant) Superintendent of Police.
Originally 25 of 1914. Fraser 25 of 1914. 2 of 1946. 26 of 1946. 32 of 1947. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 5 & 6 Geo. 5, c. 12, s. 2(5). [s. 2 cont.] 26 of 1946, First Schedule. Special provision for areas in the occupation of a power at war with His Majesty. 32 of 1947, s. 2. Definition of enemy. 26 of 1946, First Schedule. 26 of 1946, First Schedule. Penalties for trading with the enemy. [s. 5 cont.] [s. 5 cont.] 26 of 1946, First Schedule. 5 & 6 Geo. 5, c. 12, s. 10(1). 5 & 6 Geo. 5, c. 12, s. 10(2). 5 & 6 Geo. 5, c. 12, s. 10(3). [s. 5 cont.] Presumption. 26 of 1946, First Schedule. Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. 26 of 1946, First Schedule. (Cap. 4, rules.) Transfer and allotment of securities. (Cap. 32.) [s. 8 cont.] Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2(1). Schedule. Form 1. Schedule. Form 2. Inspection and supervision of businesses. 26 of 1946, First Schedule. Penalty for mutilation of documents. Etc. 6 & 7 Geo. 5, c. 52, s. 2. [s. 10 cont.] Power to use information in evidence against informant. 5 & 6 Geo. 5, c. 12, s. 13. 26 of 1946, First Schedule. Power to control and wind up certain business. 26 of 1946, First Schedule. (28 of 1914.) Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and [s. 15 cont.] of local branches of enemy firms. Certain powers not to be limited. 5 & 6 Geo. 5, c. 12, s. 14(4). Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. 2 of 1946, First Schedule. 2 of 1946, First Schedule. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 18 cont.] 5 & 6 Geo. 5, c. 79, s. 1(1). Duty of trustees for enemies to notify the Custodian [cf. 5 & 6 Geo. 5, C. 12, s. 3.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. [s. 19 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. Power to vest enemy property in Custodian. 5 & 6 Geo. 5, c. 12, s. 4. (Cap. 29.) 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. 21 cont.] 26 of 1946, First Schedule. [s. 22 cont.] [s. 22 cont.] Condition as the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, s. 9. 24 of 1950, Schedule. 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. [s. 26 cont.] Exemption for certain liquidators and others from ss. 18 and 19. (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. Seizure and forfeiture of goods of enemy origin or destined for or coming form an enemy. 5 & 6 Geo. 5, c. 31, s. 6. 2 of 1946, First Schedule. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. [s. 31 cont.] Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sch. Cont.]

Originally 25 of 1914. Fraser 25 of 1914. 2 of 1946. 26 of 1946. 32 of 1947. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 5 & 6 Geo. 5, c. 12, s. 2(5). [s. 2 cont.] 26 of 1946, First Schedule. Special provision for areas in the occupation of a power at war with His Majesty. 32 of 1947, s. 2. Definition of enemy. 26 of 1946, First Schedule. 26 of 1946, First Schedule. Penalties for trading with the enemy. [s. 5 cont.] [s. 5 cont.] 26 of 1946, First Schedule. 5 & 6 Geo. 5, c. 12, s. 10(1). 5 & 6 Geo. 5, c. 12, s. 10(2). 5 & 6 Geo. 5, c. 12, s. 10(3). [s. 5 cont.] Presumption. 26 of 1946, First Schedule. Purchase of enemy currency. Transfer of negotiable instruments and choses in action by enemies. 26 of 1946, First Schedule. (Cap. 4, rules.) Transfer and allotment of securities. (Cap. 32.) [s. 8 cont.] Inspection, obtaining of information, and search. 4 & 5 Geo. 5, c. 87, s. 2(1). Schedule. Form 1. Schedule. Form 2. Inspection and supervision of businesses. 26 of 1946, First Schedule. Penalty for mutilation of documents. Etc. 6 & 7 Geo. 5, c. 52, s. 2. [s. 10 cont.] Power to use information in evidence against informant. 5 & 6 Geo. 5, c. 12, s. 13. 26 of 1946, First Schedule. Power to control and wind up certain business. 26 of 1946, First Schedule. (28 of 1914.) Power to appoint controller. 4 & 5 Geo. 5, c. 87, s. 3; 5 & 6 Geo. 5, c. 12, s. 11. Exception in the case of certain banks. Power to impose restrictions on business of enemy subjects and [s. 15 cont.] of local branches of enemy firms. Certain powers not to be limited. 5 & 6 Geo. 5, c. 12, s. 14(4). Custodian of enemy property. 5 & 6 Geo. 5, c. 12, s. 1. 2 of 1946, First Schedule. 2 of 1946, First Schedule. Payment of dividends, etc., payable to enemy. 5 & 6 Geo. 5, c. 12, s. 2. [s. 18 cont.] 5 & 6 Geo. 5, c. 79, s. 1(1). Duty of trustees for enemies to notify the Custodian [cf. 5 & 6 Geo. 5, C. 12, s. 3.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. [s. 19 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. 2 of 1946, First Schedule. Power to vest enemy property in Custodian. 5 & 6 Geo. 5, c. 12, s. 4. (Cap. 29.) 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. 21 cont.] 26 of 1946, First Schedule. [s. 22 cont.] [s. 22 cont.] Condition as the incorporation of new companies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, s. 9. 24 of 1950, Schedule. 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. [s. 26 cont.] Exemption for certain liquidators and others from ss. 18 and 19. (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. Seizure and forfeiture of goods of enemy origin or destined for or coming form an enemy. 5 & 6 Geo. 5, c. 31, s. 6. 2 of 1946, First Schedule. False statements and obstruction. 6 & 7 Geo. 5, c. 52, s. 1. [s. 31 cont.] Offences by corporations. Evidence of authority or sanction of Governor and certificate of British customs or consular officer. Saving of rights of the Crown. [Sch. Cont.]

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