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HONGKONG LEGISLATIVE COUNCIL
it is quite possible that it may shortly | enemy to carry on his business and benefit require supplementary amendment, but the urgency of the matter is such that some provision must be made at once.
THE COLONIAL SECRETARY second- ed.
HON. MR. HEWETT--Your Excellency, this Bill, as you know, was only sent out this morning, and I have had no opportunity of consulting my col- leagues on the matter. Two points occur to me
which I think the hon. Attorney-General hardly made quite olear. Before I come to these I would state, speaking for myself entirely-I ain not speaking for my unofficial friends- that I think we all ought to recognise the urgency of this Bill. It must become law to-day. I also realise the difficulties under which the Attorney-General had to work at very short notice in drafting such
having such an important Bill far-reaching effects, and, as he stated, without guidance from previous legisla tion in the Colony. At the same time it is more than probable that we may early have to ask your Excellency to consider some of the clauses of this Bill and modify them. The point I wish to raise is that the Attorney-General said, in the early part of his remarks, that there was no question of an alien enemy disposing of any property. He then went on to make some reference to persons who might purchase a business and then work it in the interest of the original proprietors. I think that point ought to be made clear. As I stated in this chamber three weeks ago, it appeared to me just as bad for an alien enemy to sell his property to someone else and thereby benefit during hostilities, by capital being paid for a going concern, as it would be if he sold a ship. That is a point which I think ought to be made very clear, because, in the concluding remarks of the Attorney-General, it appeared to me that while on the one hand an alien enemy was not supposed to profit or benefit, at the same time a loophole was left by which he could dispose of his property to person in his employ, or to some friend, and get so much in hard cash which would benefit him or his country; or, on the other hand, that a transfer might be more or less a bogus one. In either case, bona fide or bogus, it appears to me that there is a large opportunity given to an alien
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in this Colony, and yet at the same time we cannot stop it. I gather from the Attorney-General's explanation, with regard to section 6, sub-section 1, that it is quite understood that any British firm who can capture the trade of the enemy is not able to come under the terms of the section. Of course, Sir, I speak entirely on my own responsibility, and possibly some of my unofficial colleagues may wish to modify or dissent from what I have said. I trust I have in the main expressed the views of British merchants in Hongkong on this very important
ineasure.
THE ATTORNEY-GENERAL-In reply to what the hon. member has just said, I would like to say that when I was dealing with clause 6 I was merely trying to make the point that though the clause as draft- ed, wide as it is, might appear possibly to allow interference with persons who might bond fide get hold of trade formerly carried on by alien enemies, that was not Permission may be given the intention.
by the Governor to carry on or engage in trade previously carried on by an alien As the intention is not in any enemy, way to hamper such trade not carried on would, or course, be given. by an alien enemy, such permission With regard
to clause 4, prohibition against disposing of property, that, of course, is only pro- hibition against disposing of property without permission. The liquidation itself, of course, presupposes that the property of an alien enemy will be dis- posed of under permission, and any pro- ceeds of that property will not be sent out of the Colony, but will be paid into a bank to be held at the disposal of any law that may be enacted on that behalf or any directions given by the Governor.
The Bill was read a second time . Council then went into Committee to consider the Bill clause by clause.
On Clause 5, sub-section 11,
THE ATTORNEY-GENERAL moved the amendment of this sub-section by the addi- tion of the words, including the rent of any business premises formerly occupied by such alien enemy due while such premises are occupied by the liquidator for the purposes of such winding up."
HON. MR. LANDALE-How does that affect premises on lease?
HONGKONG LEGISLATIVE COUNCIL,
The this
THE ATTORNEY - GENERAL question of lease is not dealt with Bill expressly, and cannot for the moment be dealt with without further considera- tion. The only point affecting this Bill is payment of the rent by the liquidator, who may use the premises formerly occupied by an enemy firm. That rent is to be
paid in certain priority.
HỌN. MR. LANDALE Is a lease not a definite liability on the part of an alien
nemy?
HOW
HIS EXCELLENCY -The question of lease was only raised this morning, and we have not had time to consider it. It will require careful consideration, I would remind you that a very great num- her of persons are affected by this Bill, alien enemies so-called, who are prisoners of war; others of them are not prisoners of war, but are compulsorily expelled from the Colony. This question! will have to be carefully considered, and when we come to a conclusion on the point, no doubt it may be necessary to further amend this Bill to make it clear what the law on the subject is.
HON. MR. HEWETT With regard to your Excellency's remarks about making it quite clear, I presume when you refer to the word lease
you mean the las of premises for private use as oppo-ed to office premises?
"
HION. ME. LANDALE I meant all leases; they are a definite liability.
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HIS EXCELLENCY. I think the point of the hon. member who raised the ques- tion is, that many of these offices, which are rented at very large rentals, are leased for considerable periods, some for five or six years. Well, it is obvious that the rent of those during liquidation is a fair charge against the assets of a firm which is being liquidated. Then the question arises as to what about the remainder of the leases. Is that it
HON. MR. LANDALE - Yes, Sir.
HIS EXCELLENCY --That is a ques- tion which will have to be considered.
.
HON. MR. HEWETT · Also, I under- stand, leases of private premises from which the occupants will have to be ex- pelled.
His EXCELLENCY Lea es of private residences come in also.
On Council resuming,
THE ATTORNEY-GENERAL reported that the Bill had passed through Com- mittee with slight amendment, and moved that it be read a third time.
THE COLONIAL SECRETARY second- ed, and the Bill was read a third time and passed,
HIS EXCELLENCY-Council stands adjourned until next Thursday week.
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