1957-HKRS28-8-24_Part01 — Page 21

רד

ד

Inspection

5. (1) The Governor, if he thinks it expedient for securing and super- vision of

compliance with the provisions of section 4 so to do, may by businessos. order in writing appoint an inspector, for the purpose of this section and, by such order, authorize the inspector to inspect any books or documents belonging to, or under the control of, a person named in the order, and to require that person and any other person to give such information in his possession with respect to any business carried on by the named person as the inspector may demand, and for the purposes aforesaid to enter on any premises used for the purposes of that business.

Power to

wind up

(2) If, on a report made by an inspector in respect of any business, it appears to the Governor that it is expedient, for securing compliance with the provisions of section 4, that the business should be subject to supervision, the Governor may appoint a supervisor to supervise die business, with such powers as the Governor may determine.

(3) Any person who, without reasonable cause, fails to produce for inspection, or furnish, to an inspector or a supervisor, any document or information which he is duly requested by the inspector or supervisor so to produce or furnish, shall be guilty of an offence and, on summary conviction, shall be liable to a line of one thousand dollars and to imprisonment for six months,

(4) Any person who, with intent to evade the provisions of this section, destroys, mutilates or defaces any book or other document which an inspector or a supervisor is or may be authorized under this section to inspect, shall be guilty of an offence and shall be liable-

(a) on summary conviction, to a fine of one thousand dollars

and to imprisonment for six months; or

(b) on conviction, an indictment, to a fine of five thousand

dollars and to imprisonment for five years.

8. (1) Where any business is being carried on in the control and Colony by, or on behalf of, or under the direction of, persons all or any of whom are cnemies or enemy subjects or appear to the Governor to be associated with enemies, the Governor may, if he thinks it expedient so to do, make-

certain businesses.

(a) a restriction order prohibiting the carrying on of the business either absolutely or except for such purposes and subject to such conditions as may be specified in the order; or

(b) a winding-up order requiring the business to be wound-

นค

and the making of a restriction order as respects any business shall not prejudice the power of the Governor, if he thinks it expedient so to do, at any subsequent date to make a winding-up order in respect of that business.

(2) Where an order under subsection (1) is made in respect of any business, the Governor, by that order or by a subsequent order, may appoint a controller to control and supervise the carrying out of the order, and, in the case of a winding-up order, to conduct the winding-up of the business, and may confer on the controller any such powers in relation to the business as are exercisable by a liquidator, in the voluntary winding-up of a company, in relation to the company, including power in the name of the person carrying on the business or in his own name, and by deed or otherwise, to convey or transfer any property and power to apply to the Court to determine any question arising in the carrying our of the order, and may by the order confer on the controller such powers as the Governor thinks necessary or con- venient for the purpose of giving full effect to the order.

(3) Where a restriction order or a winding-up order is made in respect of any business, the distribution of any assets of the business which are distributed while the order is in force shall be subject to the same rules as to preferential payments as are applicable to the distribution of the assets of a company which is being wound-up, and the said assets of the business shall, so far as they are available for discharging unsecured debts, be applied in discharging unsecured debts due to creditors of the business who are not enemies in priority to unsecured debts due to any other creditors, and any balance, after providing for the discharge of all liabilities of the business, shall be distributed among the persons interested in the business in such manter as the Goverdor may direct:

Provided that the provisions of this subsection shall, in their application to the distribution of any money or other property which would, in accordance with those provisions, fall to be paid or transferred to an enemy, whether as a creditor or otherwise, have effect subject to the provisions of section to and of any order made under that section,