3
50
London, S.W.1.
Telephone No. WHITEHALL 5140.
Any reply to this communication should quote the following reference
Cos.148/41 T.E.
BOARD OF TRADE,
GREAT-GEORGE-STREET,
MILLBANK,
22nd February, 1941.
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Dear Hibbert,
Your letter of the 8th February, reference 54065/41
about the Union Insurance Society of Canton.
It is not easy to give a precise answer to the question raised by the Governor of Hong Kong beyond saying that the enemy status of a company (not incorporated in Germany or Italy) does not depend on the location of its registered office, and that, therefore, a British company established and registered in Hong Kong would not automatically become an "enemy" if the colony were occupied by the enemy. Whether it would in fact be an "enemy" would depend on whether its circumstances would bring it within the definition contained in sub-section (c) or (e) of Section 2 (1) of the Trading with the Enemy Act.
If, after the occupation of Hong Kong, the persons controlling the Company reside and the business of the Company is carried on outside the colony and in non-enemy territory, it would not be an "enemy".
Yours sincerely,
Manyeny
SJ. CAMPLING
J. G. Hibbert, Esq.