CAP. 188]

[s. 5 cont.]

Trading with the Enemy.

(b) on summary conviction, to imprisonment for twelve months and to a fine of ten thousand dollars.

(2) In addition to the penalties hereinbefore provided, it shall be lawful for the court or a magistrate, upon the conviction of any person of any offence under this Ordinance, to order the forfeiture of any property of any nature whatsoever, or the proceeds thereof, in respect of which or in connexion wherewith or by means of which the offence may have been committed, and the said property or the proceeds thereof, as the case may be, shall thereupon be deemed to be the property of the Crown or, as the case may be, to be a sum of money due to the Crown, free from all rights of any person: Provided that it shall be lawful for the Governor in Council in his absolute discretion to entertain and give effect to any moral claim to or in respect of any such property or proceeds.

(3) For the purposes of this Ordinance a person shall be deemed to have traded with the enemy—

(a) if he has had any commercial, financial or other intercourse or dealings with or for the benefit of an enemy, and in particular, but without prejudice to the generality of the foregoing provisions, if he has—

(i) supplied any goods to or for the benefit of an enemy or obtained any goods from an enemy or traded in or carried any goods consigned to or from an enemy or destined for or coming from enemy territory; or

(ii) paid or transmitted any money, negotiable instrument or security for money to or for the benefit of an enemy or to a place in enemy territory; or

(iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the commencement of the war; or

(b) if he has done anything which, under the following provisions of this Ordinance, is to be treated as trading with the enemy:

Provided that a person shall not be deemed to have traded with the enemy by reason only that he has—

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