CO129-415 - Governor Sir May - 1914 [12] — Page 69

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Report on an Ordinance entitled

An Ordinance to provide for the winding up of the

affairs of certain alien enemies.

The expulsion and detention of German and Austro-

Hungarian subjects rendered necessary, both in their in- terests and in the interests of others, some immediate pro- vision for the winding up of their affairs. This Ordi-

nance was accordingly drafted for that purpose at a little over one day's notice, and was passed through all its stages

at the Meeting of the Legislative Council held on the 27th

October 1914.

The pressing nature of the case prevented any longer consideration of the measure, and His Excellency the Governor was satisfied that an urgent necessity existed

requiring that the ordinance should be brought into immediate

operation.

It was intimated at the introduction of the

bill that supplementary legislation would probably be necessary

shortly.

The main intention of the Ordinance was to provide for

a winding up in which the interests of the aliens concerned

should be preserved as far as might be possible in view of their

expulsion and internment.

It was also considered essential that provision should

be made in order to prevent their businesses being carried on

for their benefit by former employees or other nominees.

The Preamble was inserted to assist in correcting an

impression that confiscation was intended.

Section 1 is formal.

Section 2 contains definitions. The definition

"alien enemy" is taken from the Order-in-Council made under

the Aliens Restriction Act, 1914.

It was at first intended

to use the term "enemy subject" in order to avoid confusion

arising from the dbctrine of trade domicile, but it was

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afterwards thought better to follow the model of the legisla-

tion referred to.

A

Section 3 provides a mode of proof of alien enemy charaç-

ter which may appear somewhat drastic, but which is not anti-

cipated to cause any embarrassment to any individuals.

complete list of German and Austro-Hungarian subjects in the

colony already existed, and it is not known that there was any

dispute about the nationality of any of the individuals com-

prised in it.

Section 4 provides that no alien enemy shall carry on

any trade or dispose of any property without the permission

of the Governor, and this prohibition is extended to firms with an alien enemy partner or an alien enemy manager, This provision was obviously necessary in order to prevent alien enemies from disposing of their property in the colony before a liquidator could be appointed and could take possession. The section also provides for the determination of all per- missions and licences previously given to alien enemies in the colony. This was a necessary corollary of the above prohibition.

Section 5 deals with the appointment of liquidators and the details of the winding up.

Sub-sections (1) to (3) lay down the cases in which a liquidator may be appointed.

Sub-sections (4) to (6) deal with the mode of appoint- ment of a liquidator, and with the question of revocation of appointment.

Sub-section (7) defines the rights and powers of liqui- datora. The question of trade marks was reserved for further consideration as it did not appear to be urgent.

Sub-section(8) deals with actions by or against a liqui- dator, and limits the liability of liquidators,