REGULATIONS PROHIBITING TRADING WITH THE ENEMY
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IV. If any company in corporated under the Ordinances of the Couy of Hongkong, and keeping a local register within the limits of the Principal Order, contravenes the provisions of Section 4 of the Ordinance of that Colony entitled Trading with the Enemy Amendment Ordinance 1915," such company shall he guilty of a breach of these Regulations and shall be liable on conviction to a fine not exceeding £50.
V. (1) Any sum which, had a state of war not existed, 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 into an account to be entitled "The Enemy Dividends Account" at such incorporated bank, or banks, as the Minister shall by public notice appoint. Any sum so paid into "the Enemy Dividends Account" shall not be dealt with save on an order of the Supreme Court.
Any payment required to be made under this regulation shall be made:-
(a) within fourteen days after the commencement of these Regulations if the sum, had a state of war not existed, would have been paid before such commencement.
(b) in any other case within fourteen days after it would have been paid.
(2) If any person fails to make any payment within the time mentioned in this Regulation he shall, upon conviction, be liable to a fine not exceeding £50 or to imprisonment, with or without hard labour, for a term not exceeding three months, or to both.
(3) The expression "dividends, interest or share of profits "for the purposes of this Regulation 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, any profits or share of profits of such a business, and, where a person is carrying on any business on behalf of an enemy, any sum which, had a state of war not existed, would have been transmissible by a person to the enemy by way of profits from that business shall be deemed to be a sum which would have been payable and paid to the
enemy.
VI. Where an act constitutes an offence both under these Regulations and under the Law of England as applied by the Principal Order, the offender shall be liable to be prosecuted and punished under either these Regulations or the Law of England as aforesaid, but shall not be liable to be punished twice for the same offence.
VII.-A prosecution for an offence under this Regulation shall not be instituted except by or with the consent of the Crown Advocate:
Provided that the person charged with such an offence may be arrested and a warrant for his arrest may be issued and executed, and such person may be remanded in custody or on bail notwithstanding that the consent of the Crown Advocate to the institution of the prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.
VIII. (1) Any Court established under the Principal Order, on being satisfied on information on oath laid on behalf of the Minister, that there is reasonable ground for suspecting that an offence under these Regulations has been or is about to be committed by any person, may issue a warrant authorising a British subject appointed by the Minister or by any Consular Officer in his own district and name in the warrant to inspect all books or documents belonging to or under the control of that person, and to require any British subject able to give any information with respect to the business or trade of that person to give that information, and, if accompanied by an officer of the Court, to cater and search any premises to which the jurisdiction of the Court extends and which are used in connection with the business or trade, and to seize any such books or documents as aforesaid.