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PUBLIC RECORD OFFICE

ו וויין

İC.O.

Reference :-

885/25

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

38

Vide 7 above. Mr. Arthur Alwis, M.M.C., has the interests of Messrs.

J. Hagenbeck in hand.

Vide 8 and 9 above. Both have closed down and do not now exist. The following firms have left assets:-1, 2, 3, 4, 6, and 7.

(d) The following are the approximate assets of

Messrs. Freudenberg & Company :

1. Freudenberg's building, Fort.

2. Hultsdorff mills, including grass land and some half-a-dozen houses

in New Bazaar.

3. Kotahena mills.

4 Farm in Mattacooly where Muhandiram Simon Anthony resides.

5. Land at Ragama, proposed site for manure works.

6. Madawela estate, Matale.

7. Auchry estate, Matale.

8. Morantenne estate, Matale.

9. German Club, Cinnamon Gardens.

10. Mortgage on Dr. Cuntze's estate (coco-nuts), Penihela, Kegalle, and

on other estates.

11. Shares in many Ceylon companies.

Messrs. George Boysen & Compuny :·

1. Flensburgh mills, Kotahena..

Messrs. Bohringer & Company :—-

1. Stuttgart mills, Dematagoda.

2. Muducatuwa estate, Marawila.

Messrs. Marinitsch & Company:

Not known. Interests of firm are looked after by the Hong Kong &

Shanghai Bank.

Messrs. Karl Festin :---

Bungalow furniture, etc.

Messrs. J. Hagenbeck :-

1.

"The Lawn" (bungalow), Colpetty Road.

2. Nella Oolla estate, Kurunegalle.

3. Fitzroy estate, Heneratgoda.

4. One hundred and twenty-five shares in the Ceylon Ice & Cold

Storage Company.

Mr. A. W. B. Redemann (German), the manager of the late Krawehl Coal

Company, owns Watuwatta estate, North-Western Province. The foregoing assets are approximate assets only, as it is extremely difficult for police to obtain full particulars in such matters.

The Honourable

The Colonial Secretary,

Colombo.

18472

I am, &c.,

J. H. DANIEL, Deputy Inspector-General of Police, C.I.D.

BOARD OF TRADE to COLONIAL OFFICE.

No. 33.

(Received 18th April, 1916.)

[Answered by No. 35.]

SIR,

Board of Trade, 17th April, 1916. I AM directed by the Board of Trade to refer to your letter of the 15th March, respecting the report of the recent Interdepartmental Committee on the subject of the liquidation of enemy firms in British Colonies and Protectorates and the procedure to be adopted under the Trading with the Enemy (Amendment) Act, 1916, in the United Kingdom, and in reply I am to state, for the information of the Secretary of State, that the practice to be adopted under that Act with regard to the various points raised is as follows:-

* No. 30.

39

((a) It is not intended to include in the liquidation of enemy firms the private estate of partners or to cause limited companies the businesses of which are to be wound up to be struck off the register. The result will be, so far as companies are concerned, that the company will be able to sue or to be sued after the completion of the liquidation, and the position of an unregistered firm will be similar. In the case of a partnership between enemies and British subjects the position is some- what doubtful, because the partnership will have been dissolved by the War, but it is thought that proceedings could be taken by or against the partners of the firm.

(b) It is not intended to deprive enemies of security which they may hold, and Section 1 (3) of the Trading with the Enemy (Amendment) Act, 1916, does not enable the security held by an enemy creditor to be taken away from him. For the purpose of distribution equal provision has to be made for everyone resident in this country, whether he is of enemy nationality or not.

(c) The Trading with the Enemy (Amendment) Act, 1916, has allowed enemy creditors to retain the benefit of any security they may have, subject to the provi- sions of Sub-section (4) of Section 1, and that course appears to the Board of Trade to be right. The unsecured creditors only have rights against the property subject to any charge there may be on it, and, subject to the provisions of Sub-section (4), it appears to the Board that the secured enemy creditor ought to rank before the non-enemy unsecured creditors.

(d) This point dealt with in the letter from this Department of to-day's date* in reply to your letter of the 4th March (No. 6241/16.)†

(e) The question of whether it is desirable to include provisions similar to those of Section 1 (4) of the Trading with the Enemy (Amendment) Act, 1916. depends on how far provision is made for the rights of enemy creditors. If the claims of enemy creditors are disregarded there would not appear to be any object in having such a provision. If, on the other hand, as in the Trading with the Enemy (Amendment) Act, 1916, the assets of a business are made available for the creditors in due order of priority, preference only being given within each class, then such a provision is necessary. Without such a provision it might be neces- sary to set aside a large amount to meet the claims of creditors in enemy country, although there might be large assets in enemy country, with the result that no distribution could be made to British partners or shareholders.

18938

No. 34.

STRAITS SETTLEMENTS.

I have, &c.,

H. A. PAYNE.

FOREIGN OFFICE to COLONIAL OFFICE.

(Received 22nd April, 1916.)

[Answered by No. 39.]

THE Under-Secretary of State for Foreign Affairs presents his compliments to the Under-Secretary of State for the Colonies, and, by direction of the Secretary of State, transmits herewith copy of a note from the Swiss Minister, dated 14th April, relating to the sale of stores in Penang partly owned by Mr. R. Sturzenegger, Foreign Office,

19th April, 1916.

Reference to previous correspondence: Letter to Foreign Office of 11th April.‡

Enclosure in No. 34.

THE Swiss Minister presents his compliments to His Excellency the Secre- tary of State for Foreign Affairs, and, further to his note of the 1st instant, by which he ventured to apply to his kind intervention for the purpose of preventing the sale by auction of some storage buildings at Penang belonging partly to the newly-formed Swiss concern of Sturzenegger & Company, of Singapore and Penang, has the honour to give the following complementary information in the matter in question:-

-

* 18469.

† 6241.

↑ 16794.