THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 27, 1914.
5.-(1.) When an alien enemy has been ordered to quit Winding up the Colony, or has been made a prisoner of war or has been of trade
formerly detained for any other reason, or is about to be made a carried on prisoner of war or to be detained for any other reason, or by alien is absent from the Colony, it shall be lawful for the Govern- enemies or or to appoint any person whom he may think fit as liquid- on their ator to wind up the affairs of any trade formerly carried behalf, and on in the Colony by such alien enemy, whether on his own personal
of their
account or on account of himself and a partner or on affairs. 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 be 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such writing shall be conclusive evidence of such appointment for all purposes whatsoever until the appoint- ment has been revoked.
(5.) It shall be lawful for the Governor to revoke any such appointment at any moment in his absolute discretion, and upon the communication of such revocation to the liquidator his powers as liquidator shall absolutely cease and determine, without prejudice however to any acts bonâ fide done by him as liquidator before the communication of such revocation of such appointment, 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 what- soever have as full rights and powers as if the whole of the business previously carried on by such alien enemy, and all the property of every description previously employed in or in connection with such trade, and all the property in the Colony of such alien enemy, or standing in his name, had been absolutely assigned to such liquidator, and as if all the contracts of such trade, and all the con- tracts of such alien enemy with regard to his private affairs, had originally been entered into with such liquida- tor: 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 per- formance of any personal service by such alien enemy, otherwise than may be necessary for the purposes of such winding up.
(8.) Any proceedings which if this Ordinance had not come into operation might have been brought in respect of such trade or in respect of the private affairs of such alien enemy may be brought by or against such liquidator: Pro- vided 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 shall not have been bonâ fide parted with by him in the course of such winding up, and provided 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 per-
son.
(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.
(10.) 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 realised 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.
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