599596-1939-Supplementary-Draft-Bill--Law-Revision — Page 76

SHORT TITLE.

1005

Schedule,-contd.

AMENDMENT OR REPEAL.

55. The Trading with the Enemy Ordin- ance, 1914.

(No. 25 of 1914), -contd.

Trading with the enemy and matters relating thereto,

Property of enemies and enemy subjects. General and supplementary.

(24) The following new enactments are added in their appropriate places in the Ordinance, as indicated by their respective numbers, as sections, sub-sections and paragraphs- 2.-(1) In this Ordinance,

(a) Commencement of the war' means as respects any enemy the date of the proclamation of the Governor to the effect that war has broken out between His Majesty and the country in which that enemy resides or carries on business, unless any earlier date is indicated in the said proclamation and in that case such earlier date;

(b) "Custodian"

means the person appointed by the Governor under section 15 to be Custodian of enemy property or, until such appointment has been made, the Official Receiver;

(d) "Enemy subject" means---

(1) an individual who, not being either a British subject ΟΙ a British protected person, possesses the nationality of a State at war with His Majesty, or

(ii) a body of persons constituted or incorporated in, or under the laws of, any such State:

(e) Enemy territory' means any area which is under the sovereignty of, or in the occupation of, a Power with whom His Majesty is at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty;

(2) A certificate of the Colonial Secretary that any aren is or Was under the sovereignty of or in the occupation of any Power, or as to the time at which any area became or ceased to be under such sovereignty or in such occupation, shall, for the purposes of any proceedings under or arising out of this Ordinance, be conclusive evidence of the facts stated in the certificate.

(3) In considering for the purposes of any of the provisions of this Ordinance whether any person has been an enemy or an enemy subject, no account shall be taken of any state of affairs existing before the con- mencement of the war.

(4) For the purposes of this Ordinance, a person shall be deemed to be a director of a body corporate if he occupies in relation thereto the position of A director, by whatever name called; and for the purposes of the provisions of this Ordinance in relation to offences by bodies corporate a person shall be deemed to be a director of a body eorporate if he is a person in accordance with whose directions or instructions the directors of that body act :

Interpreta- tion.