A
63
Definition
of "enemy" and "enemy person ".
Persons
*
1. It is important to realize precisely what an Enemy" is for the purposes of the Trading with the Enemy Amendment Ordinances. To de- cide whether a person is or is not an enemy, the question should be asked: "Where does he live or carry on business? If he lives or carries on business in enemy territory or in territory occupied by the enemy, he is an enemy whatever his nation- ality may be. A Company incorporated in enemy country is also an "Enemy". A German subject now interned, who resided in Hongkong from immediately before the outbreak of War up to the time of his internment is not an Enemy" and no returns to the Custodian are necessary in respect of his affairs.
46
If an enemy person resides or carries on business in China, Siam, Persia, Morocco, Siberia, or Por- tuguese East Africa, he is also an enemy.
2. Any person resident or carrying on business managing in the Colony who holds or manages any property belonging to an enemy or enemy person must make a return of the property so held or managed to the Custodian on the appropriate form.
enemy property must make return.
See 5 (1) Ord. No. 22 of 1915.
*.
It does not matter in what capacity the holder of the property acts, eg, as Trustee, Nominee, Agent, Representative, Holder in Safe Custody, Carrier, etc.; it is he who is responsible for the making of the returns.
The official form used for making the return is Registration Order "D" for safe custody hold-
D* ings and Registration Order "B" for all other holdings.
* For full details see Appendix 1.
Balances.
3. All Bank Balances and desposits held for Return enemies and all debts of $500 or upwards due to Debts and required of
enemies must be recorded with the Custodian. Bank
The form for making a return of bank balances Section 6 and debts is known as Registration Order ·F*". (1) Ord. No.
The word "person" is to be taken to include "Company" for the purpose of this paragraph.
28 of 1915.
enemy
4. Every partner of an enemy firm in which Return one or more partners is or are enemies must make required of a return to the Custodian of the enemy capital capital and invested in the firm, and every Company in- shares. corporated in the Colony must make a return to the Custodian of all shares held by enemies.
The official form required for making these re- turns is known as Registration Order" (".
enemy
Section 5 (2) Ord. No. 22 of 1915.
5. The Trading with the Enemy Ordinances Income due forbid any person resident or carrying on business to be
to enemies
certain
to
in Hongkong to make any payment directly or retained & indirectly, to or for the benefit of an enemy. payments Hence many payments which would have been to be made made to enemies if there were no war have not Custodian. been made or will not be made when they fall due. Of these unpaid sums it should be carefully noted that the following must be paid over to the Custodian :--
(1) Ord. No.
(a) Interest and dividends payable by any Section 4 person, firm or Company, or interest on 22 of 1915. securities issued by or on behalf of any Government, British or Foreign, or any (1) Ord. No.
Section 5
Corporation or any Municipal or other 28 of 1915. authority whether within or without the Colony.
* For full details see Appendix 1.