CO129-440 - Others & Individuals - 1916 — Page 199

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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5 (1 when an alien enemy has been ordered to quit the Colony, of has been made a prisoner of war or has been detained for any other reason, or is about to be made a prisoner of war or to be detained for any other reason, or is absent from the Colony, it shall be lawful for the Govern- or to appoint any person whom he may think fit as liquid- ator to wind up the affairs of any trade formerly carried on in the Colony by such alien enimy, whether on his own account or on account of himself and a partner or on account of an employer or principal, and to wind up the personal affairs of such alien enemy.

(2) Such liquklator may be appointed although such alien enemy may have been carrying on such trade wholly or partly on behalf of a person who is not an alien enemy. (83) Such liquidator may he appointed although the trade carried on in the Colony by such alien enemy may have been a branch or the head office of a trade carried an also outside the Colony.

(4) The appointment of any such liquidator shall be made by writing under the hand of the Colonial Secretary, and such writing shall be conclusive evidence of such appointment for all purposes whatsoever until the appoint- ment has been revoked.

(3,) It shall be lawful for the Governor to revoke any such appointment at any moment in his absolute discretion, and upon the communication of such revocation to the liquidator his powers as liquidator shall absolutely cease and determine, without prejudice however to any acts bonvi Jide done by him as liquidator before the communication of such revocation of such appointment, and without prejudice 10 the rights of any persons who may bond fide deal with him without notice of any such revocation,

_(6)_The rights and powers of any such liquidator shall take effect from the date of his appointment,

(7.) Any such liquidator shall for all

wbal-- „purposes soever have as full rights and powers as if the whole of the lusmies previously carried on by such alien enemy, and all the property of every description previously employed in or in connection with such trade, and all the property in the Colcuy of such alien enemy, or standing in his name, had been absolutely assigned to such liquidator, and as if all the contracts of such trade, and all the cou tracts of such alien enemy with regard to his private affairs, had originally been entered into with such liquida- tor: Provided that no such fiquidator shall, as ngainst any third parties, be entitled to insist on the contmuance of any partnership or agency or any contract for the per- formance of any personal service by such alien enemy, otherwise than may be necessary for the purposes of such winding up.

(8.) Any proceedings which if this Ordinance had not come into operation might have been brought in respect of such trade or in respect of the private affairs of such alien enemy way be brought by or against such liquidator Pro- vided that no liquidator shall incur any liability in respect of any such winding "P. beyond the assots which may have come to his hand and which shall not have been bond fide parted with by him in the course of such winding up, and provided that no liquidator shall incur any personal liability in respect of any such winding up except for such acts.or defaults as would be criminal in the case of a anturs] pers

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79) Any such winding up may be carried out without any authority for any act or omission being required from any person outside the Colony.

(10) Every such winding up shall, subject to the just rights of any other persons, be carried out as for the benefit of the persons entitled to the profits of such trade, or to any property dealt with by the liquidator, and all proceeda realised by such winding up sla'l be paid into a bank approved of by the Governor to await the ultimate disposal thereof in accordance with such law as may be enacted, or such directions as may be given by the Governor, in that bobalt,

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(11) In case the assets of any such trade or the personal assets of any such alien enemy, shall be or become insufficient to meet all the corresponding liabilities, such assets shall be applied in the following order of priority; —-

Firstly, all sums of money due to secured creditors,

up to the value of their respective securities, Secondly, the expenses incurred by the liquidator in the course of such winding up, including the rent of any business prenses formerly occupied by such alien enemy which shall accrue du while such premises are occupied by the liqui dator for the purposes of eucli winding up. Thirdly, a sum of money equal to two and a half per cent, on the total assets realised or brought to credit by the liquidator, to be retained by hi as remuneration for his loss of time and trouble. Fourthly, the salary or wages of any clerk or ser vant in respect of services rendered since the 31st day of July, 1914, less any sum of money due by such clerk or servant to such alien enemy, or to the compradore of such alien enemy. Fifthly all sume of money due to the Crown, Sixthly, all other liabilities rateably puri passa, whether due to persons within or without the Colony.

(12) Subject to the provisions of this Ordinance every such liquidator shall conform with any directions which

may be given to him by the Governor.

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6-(L.) No person shall without the permission of the trovernor carry on or engage in the trade or any part of g the trade previously carried on by any alten enemy.

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(2.) Any such permission may be given subject to emery. such conditions limitations aud restrictions as the Governor may think fit.

3. If any person acts in any way for any former principal of such alien enemy, or corresponds or deals with Any person with whom such alien euemy formerly had trade relatione, he shall be presumed to be carrying on the trade previously carried on by such alieu enemy uuloss he shall prove to the satisfaction of the magistrate or the court

or the jury as the case may be that be has bond Ade estab lished new trade reintions with such principal or person without the intervention or assistance of such alien enemy and that he is not trading in any way on account of or for the bonefit of any alien enemy,

information,

7.—(1.) In any case in which it is suspected that any inspection, offence under this Ordinance has been committed by any obtaining of person and in any case in which it is anticipated that any and search, Much offence is about to be committed by any person, a magistrate way on oath being made before him to that effect authorise by warrant under his hand and seal, which may be in the form set forth in Form No, in the Schedule hereto, any person or persons named in the said warrant:

(a.) To inspect all books and documents belonging to or under the control of any person by whom it is suspected or anticipated that such offence has been or is about to be committed:

(b) To require any person whom he may consider able to give any information respecting the business or trade of any persou by whom it is suspected or anticipated that such an offence has been or is about to be committed to give such information:

(e. If accompanied by a police officer, or if himself a police officer, to search any premises specified in the information as having been or being used in connection with such business or trade:

td. To seize and take possession of all books doc- uments and things discovered in the course of any such inspection or search which may appear to furnish any evidence that any offence under this Ordinance has been or was about to be committed.

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