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THE HONGKONG GOVERNMENT GAZETTE, JUNE 30, 1916.
order shall not nor shall any proceedings thereunder or in consequence thereof be invalidated or affected by reason only of such person having prior to the date of the order died or ceased to be an enemy or enemy subject or sub- sequently dying or ceasing to be an enemy or enemy subject, or by reason of its being subsequently ascertained that he was not an enemy or an enemy subject as the case may be.
tration of
10.-(1.) Where on an application for the registration of Power to a company it appears to the Registrar of Companies that refuse regis- any subscriber of the memorandum of association or any proposed director of the company is an enemy subject, he companies may refuse to register the company,
in certain
cases, etc.
(2.) No allotment or transfer of any share, stock, deben- 5 & 6 Geo. 5 ture, or other security issued by a company made after the c. 105, s. 10, passing of this Ordinance to or for the benefit of an enemy subject, shall, unless made with the consent of the Gover- nor confer on the allotted or transferee any rights or remedies in respect thereof, and the company by whom the security was issued shall not take any cognizance of or otherwise act upon any notice of any such transfer except by leave of a court of competent jurisdiction or of the Governor.
(3.) If any company contravenes the provisions of this section the company sball be liable upon summary convie- tion to a fiue not exceeding one thousand dollars, and every director, manager, secretary, or other officer of the company who is knowingly a party to the default shall be liable upon summary conviction to a fine for a like amount or to imprisonment for any term not exceeding six months.
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(4.) Where the right of nominating or appointing director of a company is vested in any enemy or enemy subject, the right shall not be exerciseable except by leave of the Governor, and any director nominate l or appointed in exercise of such right shall, except as aforesaid, cease to hold office as director.
11. Where the Colonial Secretary certifies that it appears Power of to him that a company registered in the Colony is carrying court to on business either directly or through an agent, branch, or order wind-
ing up of subsidiary company outside the Colony, and that in carry- companies ing on such business it has entered into or done acts which in certain if entered into or done in the Colony would constitute the circum- offence of trading with the enemy, the Colonial Secretary stances. may present a petition for the winding up of the company 5 & 6 Geo. 5, by the court, and the issue of such a certificate shall be a c. 105, s. 11. ground on which the company may be wound up by the court, and the certificate shall, for the purposes of the peti- tion, be evidence of the facts therein stated.
12. The Custodian under the Trading with the Enemy Fees payable Second Amendment Ordinance, 1915, and the Trading to Custodian. with the Enemy Third Amendment Ordinance, 1915, has 5 & 6 Geo. 5, and shall be deemed always to have had power to charge c. 105, s. 13. such fees in respect of his duties under those Ordinances and this Ordinance, whether by way of percentage or otherwise as the Governor in Council may fix, and such fecs shall be collected and accounted for by such persons in such manner and shall be paid to such account as the Governor in Council directs, and the incidence of the fees as between capital and income shall be determined by the Custodian.
13. The Custodian shall not make any payment to an enemy subject without the permission of the Governor.
Payment by Custodian of debts due to
enemy
Passed the Legislative Council of Hongkong, this 29th subjects. day of June, 1916.
A. G. M. FLETCHER,
Clerk of Councils.
Assented to by His Excellency the Governor, the 30th day of June, 1916.
CLAUD SEVERN,
Colonial Secretary.
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