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THE HONGKONG GOVERNMENT GAZETTE, JANUARY 30, 1920.
2. In the application and enforcement of the charge created by this Order the claims. of or debts owing to British nationals resident or carrying on business in China shall enjoy priority over the claims of or debts owing to other British nationals.
3. With a view to making effective and enforcing such charge as aforesaid :---
(a) No
person shall, without the consent of the Custodian, transfer, part with, or otherwise deal in any property, right, or interest subject to the charge, aud if he does so he shall be liable, on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not ex- ceeding three months, or to both such imprisonment and fine.
(b) Every person owning or having the control or management of any property right or interest subject to the charge (including where the property right or interest consists of shares, stocks, or other securities issued by a company, municipal authority, or other body, or any right or interest therein, such company, authority, or body) shall, unless particulars there- of have already been furnished to the Custodian in accordance with the Trading with the Enemy Acts, 1914 to 1918, or the Trading with the Enemy Consolidation Regulations, 1918, within one month from the date when this Order comes into operation, by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such particulars in relation thereto as the Custodian may require, and if any person fails to do so he shall, on summary conviction, be liable to a fine not exceeding one hundred pounds.
(c) Where the property charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities were issued or are managed shall, on application being made by the Custodian, enter the Custodian in the books in which the securities are inscribed or registered, as the proprietor of the securi- ties subject to the charge, and the Custodian shall, subject to the consent of the Minister, have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed. (d) The Minister may by order vest in the Custodian any property rights aud interests subject to the charge, or the right to transfer the same, and for that purpose section 4 of the Trading with the Enemy (Amendment) Act, 1916, shall apply as if such property rights and interests were pro- perty belonging to an enemy or enemy subject.
(e) If any person called upon to pay any money or to transfer or otherwise to deal with any property rights or interests has reason to suspect that the same are subject to such charge as aforesaid, he shall, before paying, transferring, or dealing with the same, report the matter to the Custodian, and shall comply with any directions that the Custodian may give with respect thereto.
4. All decisions of the Mixed Arbitral Tribunal constituted under Section VI of Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and con- clusive, and binding on all courts.
5. For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, whether sitting in China or not, and compelling the production before the Tribunal of documents, the Minister shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were an action in the court, and the order were a formal process issued by that court in the due exercise of its jurisdiction, and shall be enforceable by that court accordingly, and disobedience to any such order shall be punishable as contempt of court.
6. Sections IV, V, and VI of Part X of the Treaty relating to property rights and interests, to contracts, prescriptions and judgments, and to the Mixed Arbitral Tribunal, and all provisions of the said Treaty affecting or relating to the charge created by this Order shall have full force and effect as law.
7. The time at which the periods of prescription or limitation of right of action. referred to in Article 300 of the Treaty shall begin again to run shall be at the expiration of six months after the coming into force of the Treaty, and the period to be allowed
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