CAP. 188]
[8. 2 cont.]
26 of 1946, First Schedule.
Special provision for areas in the Occupation
of a power
at war with His Majesty.
Trading with the Enemy.
(b) a body of persons constituted or incorporated in, or
under the laws of, any such state;
"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 and also any area which the Governor, with the prior approval of the Secretary of State, may by order direct to be treated for the purposes of this Ordinance as enemy territory;
"person" shall include a body corporate and a firm, except
so far as relates to the imposition of imprisonment; "war" means any war between His Majesty and any foreign
state.
(2) A certificate of the Colonial Secretary that any area 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 commencement 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 corporate if he is a person in accordance with whose directions or instructions the directors of that body act: Provided that a person shall not, by reason only that the directors of a body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.
3. Notwithstanding the provisions contained in the definition "enemy territory" in subsection (1) of section 2 any area which is under the sovereignty of a power with
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