TRADING WITH THE ENEMY (CONSOLIDATION) REGULATIONS, 1917 347
Enemy Property
5. If any China company contravenes the provisions of section 4 of the Ordinance of the Colony of Hongkong entitled "Trading with the Enemy (Amendment) Ordinance 1915," such company shall be guilty of a breach of these Regulations.
6. Every China company, if it has not already done so, shall within one month after the commencement of the Regulations by notice in writing communicate to the custodian of enemy property in the Colony of Hongkong full particulars of all shares, stocks, debentures, and debenture stock, and other obligations of the company which are held by or for benefit of an enemy.
7. Any person who, by himself or in conjunction with another
person, whether a British subject or not, holds or manages for or on behalf of an enemy any property movable or immovable (including any rights, whether legal or equitable, in or arising out of property, movable or immovable), shall within one month after the commencement of these Regulations, or if the property comes into his possession or ́ under his control after the commencement of these Regulations, then within one month after it comes into his possession or control, by notice in writing communicate the fact, and such particulars as may at any time be required, to the consular officer of the district in which he is resident, and, if it be immovable property, then to the consular officer of the district in which it is situated.
Property mentioned in this Regulation shall include property lent to a firm for the purposes of the business of such firm by an enemy, and such property shall be deemed to be property held or managed by a partner of such firm within the meaning of this Regulation.
8.—(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, and balances and deposits standing to the credit of an enemy at any bank, and any debt to the amount of 50 dollars or upwards, which is due or which, had a state of war not existel, would have been due to an enemy, 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) The expression "dividends, interest, or share of profits" for the purposes of this Regulation means any dividends, bonds, 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 shares 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 an enemy by way of profits from that business shall be deemed to be a sum which would have been payable and paid to an enemy.
Prohibited List
9. There shall be and there is hereby constituted a list of persons or bodies of persons resident or carrying on business in non-enemy countries with whom, by reason of their enemy nationality or enemy association, it is expedient that trading should be prohibited. Such list is contained in the schedule to these Regulations,- and shall be called "the Prohibited List."
29