F
Action by or against
liquidator to bind alien enemy and others.
Cunrt to have power to stay action against líquidater.
Court to have power
Lo stay
(6) No execution of any kind whatsoever shall without the express permission of the Governor issue against any sneh liquidator or any such alien enemy in any sneh action or other legal proceeding as is referred to in this section, whether any general permission to begin the action or other legal proceeding or to take further proceedings therein shall have been obtained from the Goveruer or not,
(7.) No plaintiff in any such action or other legal pro- ceeding as is referred to in this section shall be deemed to be a secured creditor by reason only of any order or judg- ment made or given in such action or other legal proceed- ing before the commencement of this Ordinance or by reasou only of such order or judgment and of any steps taken thereunder.
3. Every order and judgment duly made or given in any action or other legal proceeding brought by or against any liquidator appointed under the Principal Onlinnace in respect of the trade or personal affairs which such liquida- tor was appointed to wind up shall for all purposes and in all respects be as binding on the alien enemy whose trailo or personal affairs such liquidator was appointed to wind up and on all the persons entitled to the profits of such trade as if the action or other legal proceeding land been brought by or against, and the order or judgment had been made or given for or against, such alien énomy and persons as well as by, against, or for such liquidator.
4. The Supreme Court shall have power to stay any action or other legal proceeding brought against any liquidator appointed under the Principal Ordinance in respect of the trade or personal affairs which sneb liquida- tor was appointed to wind up in any case in which is shall seem to the Court to be desirable to do so in the interests of justice on account of the liquidator being unable to obtain proper instructions from the alien enemy whose Trude or personal affairs such liquidator was appointed to wind up.
5. The Supreme Court shall have power, of its own motion or at the application of any party or on the re- presentation of the Crown, to stay any action brought against any alien enemy in any caso in which it may seem allen enemy, to the Court to be desirable to do so in the interests of
Action
against
Liquidator to bo entitled to Apply for directions.
Power to
discharge
liabilities
incurred
outside the
Colony.
justice on account of the impossibility of obtaining proper instructions from such alien enemy owing to the state of war which exists between His Majesty and the State to which such alien enemy belongs.
6.--(1) Auy liquidator appointed under the Principal Ordinance shall with the permission of the Governor bo entitled to apply to the Court for directions on any watter arising out of the winding up.
(2.) Any such application shall be heard and determined in such manner ne the Court may direct, and it shall be lawful for the Court to hoar such parties aux persous as it may think fit.
(3.) The costs of any such application shall be in the discretion of the Court.
(4.) No claim for any costs awarded against such liquidator on any such application shall have any priority over any other claim against snch liquidator in respect of the winding up.
7. Any liquidator appointed under the Principal Ordi- nance shall with the permission of the Governor be entitled to discharge out of the assets in his hand any liability of the alien enemy whose trade or personal affairs such liquidator was appointed to wind up, although such liability may have arisen out of a transaction entered into by such alien enemy on behalf of a branch of his trade outside the Colony and may not be a liability which would ordinarily have been discharged by such alien cuemy within the Colony.
lion thereon.
8.—(1) In sub-sectious (11), (12) and (13) of section 5 of Cash balan- the Alien Enemies (Winding up) Ordinance, 1914, as enacted cos, and the by section of the Alien Enemies (Winding up) Amend-unera- ment Ordinance, 1914, the total assets realised or brought to erolit by the liquidator shall be deemed to includo uil credit balances in any bank in any account formerly operated no by the alien enemy whose trade or personal affairs such liquidator was appointed to wind up, and all stans of money dae and payable to any such allan enemy by his compra. dere immediately before the appolutment of each liquidator, but no liquidator shall be entitled to any remuneration ou any such balance or sum of money without the express permission of the Governor,
(2.) It shall be within the absolute discretion of the Governor to determine whether any remuneration on any such balance or sum of money shall be drawn.
(3.) Any remuneration on any such balauce or sum of money drawn by any liquidator before the commencement of this Ordinance shall, unless the Governor otherwise direct, forthwith be repaid or placed to the credit of the alien enemy whose trade ur personal affairs snch liquidator was appointed to wind up.
9. No liquidator shall without the express permission of Golwill the Governor assigu away the goodwill of the trade or of and trade any part of the trade which he was appointed to wind marks.
up,
or any trade mark used in connection therewith.
Pussed the Legislative Council of Hongkong, this 6th day of May, 1915.
A. G. M. FLETCHER, Clerk of Councilą,
Assented to by His Excellency the Governor, the 7th
day of May, 1915.
CLAUD SEVERN,
Colonial Secretary.
204