368.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 5, 1920.

(b) secondly, with payment of the amounts due in respect of claims by British nationals (other than British nationals ordinarily resident in the self-governing Dominions, India and Egypt) with regard to their property, rights and interests in the territories of Germany, Austria, Hungary, and Turkey, in so far as those claims are not otherwise satisfied :

Provided that any particular property, rights or interests so charged may at any time be released by the Administrator herein- after mentioned, acting under the general direction of the Board of Trade, from the charge so created.

(i) With a view to making effective and enforcing such charge as aforesaid---

(a) The Board of Trade may appoint an Administrator who shall have

such powers and duties as are hereinafter provided;

(b) no person shall, without the consent of the Administrator, acting under the general direction of the Board of Trade, transfer, part with or otherwise deal in any property, right or interest subject to the charge, or pay any debt subject thereto, and 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 exceeding three mouths or to both such imprisonment and fine;

(e) every person owning or having the control or management of any property, right or interest, or owing any debt, 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 thereof have already been furnished to the Custodian in accordance with the Trading with the Enemy Acts, 1914 to 1918, within one month from the date of the making of this Order by notice in writing communicate the fact to the Administrator and shall furnish the Administrator with such particulars in relation thereto as the Administrator may require, and if any person fails to do so or furnishes any false infor- mation he shall on summary conviction be liable to a fine not exceeding one hundred pounds;

(d) 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 Administrator, notwith- standing any regulation or stipulation of the company or other body, and notwithstanding that the Administrator is not in posses- sion of the certificate, scrip or other document or title relating to the shares, stock or securities to which the application relates, ente the Administrator in the books in which the securities are inscribed or registered as the proprietor of the securities subject to the charge, and the Administrator shall have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed;

(e) Where the property charged consists of property transferable on delivery, any person having the possession, control or management of the property shall, on being so required by the Administrator, deliver the property to him, and the Administrator shall have power to sell or otherwise deal with the property so delivered to him; (f) the Board of Trade may by order vest in the Administrator any property, right or interest subject to the charge, or the right to transfer the same, and for that purpose subsections (1) to (4) of section four of the Trading with the Enemy (Amendment) Act, 1916, shall apply as if property, rights and interests subject to the charge were property belonging to an enemy or enemy subject, and as if for references to the Custodian therein there were substituted references to the Administrator;

(g) the Administrator shall have power to enforce the payment of any debt subject to the charge against the debtor, together with the interest prescribed by subsection (ix) of this article, and for that purpose shall have all such rights and powers as if he were the

Share This Page