548
THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 3, 1915.
Payment of dividends, &c., payable to enemy.
5.-(1.) Section 4 of the Trading with the Enemy Second Amendment Ordinance, 1915, which relates to the payment to the custodian of dividends, interest, and profits payable to or for the benefit of enemies, shall extend to suns which, had a state of war not existed, would have 5, c. 79, s. 1: been payable and paid in the Colony to enemies
5 & 6 Geo.
Ordinance
No. 22 of
1915, s. 4.
Notification
of bank balances, deposits, or debts due to enemies.
(a) in respect of interest on securities issued by or on behalf of His Majesty's Government or the Government of any of His Majesty's Dominions or any foreigħ Government, or by or on behalf of any corporation or any municipal or other authority whether within or without the Colony; and
(b) by way of payment off of any securities which have become repayable on maturity or by being drawn for payment or otherwise, being such securities as aforesaid or securities issued by any company;
and in the case of such sums as aforesaid (other than sums in respect of the payment off of securities issued by a company) the duty of making payments to the custodian and of requiring payments to be made to him and of fur- nishing him with particulars shall rest with the person, firm or company through whom the payments in the Colouy are made, al the said section shall apply accordingly, and as if for references therein to the date of the passing of the said Ordinance there were substituted references to the date of the passing of this Ordinance.
(2.) Where the enstodian is satisfied from returns made to him under section 5 of the Trading with the Enemy Second Amendment Ordinance, 1915, that any such secu- rities as afores:id (including securities issued by a company) are held by any person on behalf of an enemy, the en-todian may give notice thereof to the person, firm or company by or through whom any dividends, interest or bonns in respect of the securities or any sums by way of payment off of the securities are payable, and upon the receipt of such notice any dividends, interest or bonus payable in respect of, and any sums by way of payment off of, the securities to which the notice relates shall be paid to the custodian in like manner as if the securities were held by
an enemy.
(3.) For the purpose of this section "securities" includes stock, shares, annuities, bonds, debentures or debenture stock or other obligations.
(4.) It shall be lawful for the Governor to exempt any liquidator appointed under the provisions of the Alien Enemies (Winding up) Ordinance, 1914, or any other person, from the operation of this section, either in whole or part and either permanently or temporarily, and to withdraw in whole or part any exemption so granted,
6.--(1.) Sub-section (1) of section 5 of the Trading with the Enemy Second Amendment Ordinance, 1915, which requires returns to be made to the custodiau of property held or managed for or on behalf of enemies, shall apply to balances and deposits standing to the credit of enemies at any bank, and to debts to the amount of five hundred dollars or upwards, which are due, or which, had a state of war not existed, would have been due, to enemies, as if such bank or debtor were a person who held property on behalf 1915, s. 5 (1). of an enemy, and as if for references to the passing of the said Ordinance there were substituted references to the passing of this Ordinance.
5 & 6 Geo. 5, c. 79, s. 2: Ordinance No. 22 of
(2.) The duty of making returns under the said sub- section as so amended shall extend to companies as if the expression "person" included company, and if any company fails to comply with the provisions of that sub-section as so amended every director, manager, secretary, or officer of the company who is knowingly a part to the default shall, on summary conviction, be liable to a fine not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such a fine and imprisonment, and in addition to a further fine not exceeding fifty pounds for every day during which the default continues.
Page 5Page 6