36043-1914-Ordinance-passed-and-assented-to--Trading-with-the-Enemy-No-25-of-1914 — Page 3

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1914.

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

(d.) To seize and take possession of all books documents 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:

(e.) To do all such acts and things as may be rea- sonably necessary for the purpose of effecting such search.

(2.) In any case in which by reason of the apparent urgency of the occasion it shall appear to be impracticable to obtain such warrant from a magistrate in time, it shall be lawful for the Captain Superintendent of Police, or the Deputy Superintendent of Police, or any Assistant Superin- tendent of Police, by order in writing under his hand, which may be in the forin set forth in Form No. 2 in the Schedule hereto, ou such grounds as he may think fit and without any information being laid or sworn, to authorise any person or persons named in such order to do all such acts and things as he or they might have been authorised to do by a warrant issued by a magistrate under sub-section (1) of this section,

(3.) Every person who refuses or neglects to produce any books or documents belonging to or under his control or in his possession or physical custody, or to give any information within his kuowledge, on demand, to any per- son or persons authorised by any such warrant or order in writing aforesaid to inspect such books or documents or to require such information, and every person who obstructs any inspection search or seizure authorised by any such warrant or order in writing aforesaid, shall be liable on summary conviction to imprisonment for any term not exceeding six months and to a fine of five hundred dollars.

4. Where it appears to the Colonial Secretary in Power to reference to any firm or company --

(a) that an offence under this Ordinance has been or is likely to be-committed in connection with the trade or business thereof; or,

(b) that the control or management thereof has been or is likely to be so affected by the state of war as to prejudice the effective continuance of its trade or business and that it is in the public interest that the trade or business should continue to be carried on ;

the Colonial Secretary may apply to the Supreme Court for the appointment of a controller of the firm or company and the Supreme Court shall have power to appoint such a controller for such time and subject to such conditions and with such powers as the Court thinks fit, and the powers so conferred shall be either those of a receiver and manager or those powers subject to such modifications restrictions or extensions as the Court thinks fit, including, if the Court considers it necessary or expedient for enabling the controller to borrow money, power after a special application to the Court for this purpose to create charges on the property of the firm or company in priority to existing charges. The Court shall have power to direct how and by whom the costs of any proceedings under this section and the remuneration charges and expenses of the controller shall be borne and shall have power if it thinks fit to charge such costs charges and expenses on the property of the firm or company in such order of priority in relation to any existing charges thereto as it thinks fit,

appoint con- troller.

certain

5. Notwithstanding anything contained in this Ordi- Exception in nance or in the Trading with the Enemy Proclamation No. the case of 2 issued by His Majesty on the ninth day of September, banks. 1914, it shall not be lawful for any bank, the constitution of which at the commencement of the war between His Majesty and Germany or at the commencement of the war

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