EMERGENCY POWERS (EXTENSION AND AMENDMENT INCORPORATION) ORDINANCE

EMERGENCY POWERS (EXTENSION AND AMENDMENT INCORPORATION) ORDINANCE

CHAPTER 251.

EMERGENCY POWERS
(EXTENSION AND AMENDMENT INCORPORATION).

To give permanent effect to amendments inade to various
Ordinances by certain Defence Regulations and to
make provision for the continuance in force of certain
Defence Regulations for a limited p&riod.

[1st November, 1946.]

1. This Ordinance may be cited as the Emergency
Powers (Extension and Amendment Incorporation) Ordance.

2. The amendments specifiedin the First Schedule.
to this Ordinance being amendments of the Ordinances
mentioned in that Schedule made by Defence Regulations
therein mentioned, shall have permanent effect.

3. (a) The Defence Regulations* mentioned in the
Second Schedule to this Ordinance shall continue in force
subject to such modifications as are specified in that
Schedule until the 31st day of December, 1947, or until
such earlier date as the Governor may by order declare.

(b) Section 9 of the Interpretation Ordinance shall
apply upon the expiry of any Defence Regulation continued
in force by this Ordinance as if such expiry constituted
the repeal of in enactment.

4. (1) The Compensation (Defence) Regulations,'
1940, as modified by Government Notification No. 424 of
1947, shall, notwithstanding their expiry on the 31st day
of December, 1947, be deerned to have continued in force
and the same are hereby continued in force with the
additional modifications set out in, the Schedule to the
Emergency Powers (Extension and Amendment Incorpora-
tion) Amendment Ordinance, 1948.

All regulations and modifications thereof referred to in this
Ordinance, and in the Second Schedule hereto, which are still In
force, are omitted from the Revised Edition under the authority
of section 10 of the Revised Edition of the Laws Ordinance, 1948.





(2) The Defence Regulations aforesaid shall, with such
modifications as aforesaid and any further modification
which the Governor may, as he is hereby authorized, by
order made from time to time, continue in force until the
Governor by order declares that they shall expire and upon
such expiry section 9 of the Interpretation Ordinance shall
apply as if such expiry constituted the repeal of an enact-
ment.

(3) The regulations* in the Schedule to the Emergency
Powers (Extension and Amendment Incorporation) Amend-
ment Ordinance, 1950, shall be deemed to have been made
by order of the Governor under subsection (2) and to have
had effect from the 1st day of April, 1949. [3A

FIRST SCHEDULE. [s. 2.]

(Note: This Schedule contained amendments to the following
Ordinances, the detail of which is omitted as such amendments have
been incorporated into such Ordinanceg as now printed-
(a) trading with the Enemy. (Cap. 188)
(b) Defences (Firing Areas). (Cap. 196)
The following Ordinances, which have been repealed, were also
amended-
(a) Volunteer Ordinance, 1933.
(b) Registration of Persons Ordinance, 1939.
The remainder of the Schedule now follows, and affects an
Ordinance omitted from the Revised Edition under the authority of
section 5 of the Revised Edition of the Laws Ordinance, 1948.)
Amendment of the Alien Enemies (Winding Up) Ordinance,
1914, made by the Alien Enemies (Winding Up) Ordinance, 1914,
Amendment Regulations, 1940.
1. Section 5 of the Alien Enemies (Winding Up) Ordinance,
1914, is amended by the insertion of the following subsections
immediately after subsection (13) thereof-
'(13A) Where any business for which a liquidator has been
appointed under this section has assets in enemy territory,
the liquidator shall, if in his opinion it is practicable so
to do, cause an estimate to be prepared-
(a) of the value of those assets;
(b) of the amount of any liabilities of the business to
creditors, whether secured or unsecured, who are
enemies;
(c)of the amount of the claims of persons who are enemies
to participate, otherwise than as creditors of the
business, in any distribution of assets of the business;
and, where such an estimate is made, the said liabilities
and claims shall, for the purposes of this section, be deemed

See footnote on previous page.





to have been satisfied out of the said assets of the business
in enemy territory, or to have been satisfied thereout so
far as those assets will go, and only the balance (if any)
shall rank for satisfaction out of the other assets of the
business.
(13B)Where an estimate has been prepared under subsection
(13A), a certificate of the liquidator as to the value or
amount of any assets, claims or liabilities to which the
estimate relates shall be conclusive for the purpose of
determining the amount of the assets of the business avail-
able for discharging the other liabilities of the business
pLnd for distribution amongst other persons claiming to be
interested in the business: Provided that nothing in this
subsection shall affect the rights of creditors of, and other
persons interested in, the business against the assets of the
business in enemy territory.'
2. The Alien Enemies (Winding Up) Ordinance, 1914, is
amended by the insertion immediately after section 26 thereof of
the following section-
26A. The Governor may, on an application made by a liquida-
tor appointed under this Ordinance, after considering the application
and any objections which may be made by any person who appears
to him to be interested, by order grant the liquidator a release,
and an order of the Governor under this section shall discharge
the liquidator from all liability in respect of any act done or default
made by him in the exercise and performance of his powers and
duties as liquidator; but any such order may be revoked by the
Governor on proof that it was obtained by fraud or by suppression
or concealment of any material fact.'

SECOND SCHEDULE [s. 3 (a).]

Defence Regulations. Modification.
Defence Salvage Regulations, The reference to the Defence
1939, published as Government Regulations, 1940, in Regulation
Notification No. 1018 of 1939. 3 shall be deemed to be a refer-
ence to those of the Defence
Regulations, 1940, which are
enumerated in Part I of the
Second Schedule to the Erner-
gency Powers (Extension) Pro-
clamation, as the same are
therein modified and are con-
tinued in force by Article 5 of
the said Proclamation and the
exercise of the Governor's
powers thereunder.
The Prison Rules Amendment
Regulations, 1940.
The Examinations of Masters
and Mates Amendment Regula-
tions, 1941.
The Hong Kong Defence Re-
gulations etc., (Collection and
Proof) Regulations, 1941.
26 of 1946. 32 of 1948. 19 of 1950. Short title. Permanent effect of certain amendments. First Schedule. Continuance in force of certain Defence Regulations. Second Schedule. (Cap. 1.) Continuance in force of the Compensations, 1940. 32 of 1948, s. 2. 19 of 1950, s. 2. First Schedule cont. Release of liquidator.

26 of 1946. 32 of 1948. 19 of 1950. Short title. Permanent effect of certain amendments. First Schedule. Continuance in force of certain Defence Regulations. Second Schedule. (Cap. 1.) Continuance in force of the Compensations, 1940. 32 of 1948, s. 2. 19 of 1950, s. 2. First Schedule cont. Release of liquidator.

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