1957-HKRS28-8-24_Part01 — Page 20

l'enalties

(4) Where any area ceases to be enemy territory as defined in section 2, whether by reason of the occupation thereof by Her Majesty or by a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason, that area shall, for the purposes of sections 6, 7, 8 and 10 and, save as expressly provided by any such order, for the purposes of any order made under section 10, be treated as if, until such time as the Governor may by order specify, there had been no such cessation.

(5) Any order made by the Governor under this section shall be published in the Gaselte.

Trading with the Enemy and Matters Relating Thereto.

4. (1) Any person who trades with the enemy within the for trading meaning of this Ordinance shall be guilty of an offence of trading

with the enemy and shall be liable-

with the onemy,

(a) on conviction, on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years;

or

(b) on summary conviction to a fine of ten thousand dollars

and to imprisonment for six months,

and the Court before which he is convicted may order that any goods or money in respect of which the offence has been com- mitted shall be forfeited.

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

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

(ii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the coming into operation of this Ordinance; or

(b) he has done anything which, under the following pro- visions 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

(i) done anything under an authority, given generally or specially by, or by any person authorized in that behalf by, the Governor; or

(ii) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had already been performed when the payment was received, and had been performed at a time when the person from whom the payment was received was not an enemy.

(3) Any reference to this section to an enemy shall be construed as including a reference to a person acting on behalf of an enemy.

(4) In any proceedings for an offence of trading with the enemy, the fact that any document has been despatched addressed to a person in enemy territory shall, unless the contrary is proved, be evidence, as against any person who was a party to the despatch of the document, that the person to whom the document was despatched was an enemy.

(5) A prosecution for an offunce of trading with the enemy shall not be instituted except by, or with the consent of, the Attorney General :

Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of a prosecution for the offence has not been obtained.