396 THE HONGKONG GOVERNMENT GAZEITE, OCTOBER 6, 1914.
Penalty of forfeiture.
Definition of
the enemy.
(2.) In addition to the penalties hereinbefore provided it shall be lawful for the court or a magistrate upon the conviction of any person of any offence under this Ordi- nance to order the forfeiture of any property of any nature whatsoever, or the proceeds thereof, in respect of which or in connection wherewith or by means of which the offence may have been committed, and the said property, or the proceeds thereof as the case may be, shall thereupon be deemed to be the property of the Crown or as the case may be to be a sum of money due to the Crown, free from all rights of any kind whatsoever within the Colony of any person whomsoever :
Provided that it shall be lawful for the Governor-in- Council to entertain any moral claim to or in respect of any such property or proceeds and upon such claim it shall be lawful for the Governor-in-Council in his absolute dis- cretion to make such order, whether as to payment out of the general revenue of the Colony or otherwise, as he may think fit.
(3.) For the purposes of this Ordinance, trading with trading with the enemy means taking any part in any act or transac- tion prohibited under any proclamation issued by His Majesty dealing with the subject of trading with the enemy or any act or transaction constituting the offence of trading with the enemy by common law or under any Ordinance or under any Statute applicable to the Colony.
Person to
(4.) For the purposes of this Ordinance, except so far include body as relates to the imposition of the penalty of imprisonment, corporate the expression "person" shall include a body corporate
and a firm.
and firm.
Officer of
corporate
liable.
(5.) Every officer or employee of any firm or of any firm or body company or other body corporate, whether incorporated within or without the Colony, who knowingly is a party to any act or transaction which would be an offence under this Ordinance shall be deemed to be guilty of the misdemeanour of trading with the enemy and shall be liable to the penalties provided in sub-section (1) of this section and may be proceeded against whether any other person be proceeded against for the said offence or not, and on the conviction of any such officer or employee it shall be lawful for the court or a magistrate to make any order of forfeiture which might have been made on the conviction of any firm or body corporate of which such person was an officer or employee or of any person who shall actually have taken part in the act or transaction in respect of which such officer or employee shall be con- victed.
Consent of Attorney General.
No person to be punished twice for same offence.
Inspection, obtaining of information, and search.
(6.) No prosecution shall be instituted under this Ordi- nance without the consent of the Attorney General.
(7.) No person shall be punished more than once for the same offence under this Ordinance.
3.-(1.) In any case in which it is suspected that any offence under this Ordinance has been committed by any person and in any case in which it is anticipated that any such offence is about to be committed by any person, a magistrate may 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. 1 in the Schedule hereto, any person or persons named in the said
warrant :--
(4.) 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 person by whom it is suspected or anticipated that such an offence has been or is about to be committed to give such information :
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