THE HONGKONG GOVERNMENT GAZETTE, MARCH 30, 1917.
6.-(1.) Every liquidator appointed under the principal Transfer of Ordinance to wind up the affairs or estate of any person shall property.
for all purposes whatsoever be deemed to have power, and at all times to have had power, while acting as such liquidator, to transfer all the property of whatever description within the Colony of such person, or vested in such person, or belonging to such estate, in all respects as fully as if the transfer had been duly made or executed by or on behalf of such person, or by or on behalf of his legal personal representative, as the case may be, whether such liquidator can or cannot produce any title deeds or other documents of title relating to such property, and any such transfer by such liquidator shall be deemed to pass all the legal estate in such property which may be or was vested in such person, or in his legal personal representative, at the
date of such transfer.
(2.) Nothing in this section shall be construed #s limiting in any way whatsoever any powers which any liquidator appointed under the principal Ordinance would have possessed if this section had not been enacted.
7. The rights and powers of a liquidator under the Rights and Alien Enemies (Winding up) Ordinances, 1914 to 1917, powers to shall pass, and shall be deemed always to have passed, pass from from liquidator to liquidator, so as to be exercisable by the liquidator to
liquidator. liquidator for the time being during his continuance in office.
interest does not accrue
8.-(1.) In every winding up under the Alien Enemies Distribution (Winding up) Ordinances, 1914 to 1917, it shall be lawful on the for the liquidator to distribute the assets in the first in- footing that stance on the footing that no interest has accrued or shall accrue on any debt after the first appointment of a liquida- after the tor of the trade or personal affairs of the person whose commence- assets are about to be or are being distributed Provided ment of the that nothing in this section shall affect the rights of any
winding up. secured creditor in respect of any security held by him.
(2.) Any surplus assets remaining after such distribu- tion may be applied rateably in the payment of claims for interest.
enemies.
9. In every winding up under the Alien Enemies Priority over (Winding up). Ordinances, 1914 to 1917, the assets shall, debts due to so far as they are available for discharging unsecured debts, be applied in discharging such debts due to creditors who are not enemies or enemy subjects in priority to the un- secured debts due to creditors who are enemies or enemy subjects: Provided that nothing in this section shall be construed as authorising any payment being made to a ereditor who is an enemy or an enemy subject.
10.-(1.) Every liquidator appointed under the princi- Disclaimer. pal Ordinance to wind up the trade or personal affairs of any person may, by writing signed by him, with the per- mission of the Governor, disclaim any lease or contract under which such person is subject to any liability.
(2.) Notwithstanding anything contained in section 10 of the principal Ordinance, such disclaimer shall operate to de- termine, as from the date on which the disclaimer is sigued, the rights interests and liabilities of such person under the lease or contract disclaimed, but shall not, except so far as is necessary for the said purpose, affect the rights or liabi- lities of any other person.
(3.) Where the person whose affairs are being wound up was the lessee of any premises, and the liquidator has with the consent of the lessor sublet the said premises or any portion thereof, the lessor, upon such disclaimer, shall not be entitled to distrain on any premises held by such sub- tenant except for the rent formerly payable by the sub- tenant to the liquidator in respect of these premises, and the lessor shall not be entitled to enter on any premises so held by such sub-teuant except for breach of some covenant contained in the-sub-lease, if any.
(4.) Notice of such disclaimer shall, so far as is practi- cable, be given to every party to the lease or contract disclaimed other than the person whose affairs are being › wound up :
Provided that no such disclaimer shall be void or otherwise affected on the ground only that any notice required by this sub-section shall not have been given.
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