THE HONGKONG GOVERNMENT GAZETTE, JULY 30, 1915.
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Commits an offence and shall be liable, upon conviction, for each such offence to imprisonment for any term not exceeding three months, with or without hard labour, or to a fine not exceeding £50 or to both.
III. Where an enemy has a branch locally situated in British, allied or neutral territory-not being neutral territory in Europe, China, Siam, Persia or Morocco- transactions by or with such branches shall not be treated as transactions by or with
an enemy.
Provided, however, that transactions hereafter entered into by any person resident, carrying on business, or being in China :
(a) in respect of banking business with a branch situated outside the United King- dom of an enemy person, firm or company; or
(b) in respect of any description of business with a branch situated outside the United Kingdom of a enemy bank; shall be considered as transactions with an enemy:
Provided that acceptance, payment or other dealings with any negotiable instrument which was drawn before the date of these Regulations shall not, if otherwise lawful, be deemed to be a transaction hereafter entered into within the meaning of this paragraph.
IV. If any company incorporated under the Ordinances of the Colony 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 be 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 pro- fits, 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 Divid- ends 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 Re- gulation he shall, upon conviction, be liable to a fine not exceeding £50 or to imprison- ment, 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, deben- tures, 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 anţ 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 sun 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 proceed- ings 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
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