36143-1914-Bill-to-be-read-a-first-time--Alien-Enemies-Winding-up-Amendment — Page 4

506 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 30, 1914.

Renumber- ing of

Ordinance No. 28 of 1914, s. 5 (12).

Amendment

of Ordinance

No. 28 of 1914, s. 6.

Amendment

of Ordinance No. 28 of 1914, s. 10.

liquidator such proportion of the sum by which the nett assets as above defined are insufficient for the purpose aforesaid as the value of his security may bear to the total assets realised or brought to credit by the liquidator.

(14.) The accounts of every such liquidator with respect to any such winding up shall be audited in such manner as the Governor may direct. (15.) Every person who shall, without lawful excuse, refuse to hand over to a liquidator on demand any keys, safe, office furniture, account books, cheque books, or other things of any nature whatsoever, of which he may be in possession, and which may have been used in connection with or which may relate to the trade or personal affairs of the alien enemy whose trade or personal affairs respectively such liquidator has been appointed to wind up, and every person who shall, without lawful excuse, in any way obstruct any liquidator in taking possession of any premises occupied by or on behalf of such alien enemy immediately before the appointment of such liquidator, shall be deemed to commit an offence against this Ordinance.

(16.) Notwithstanding anything in this Ordinance contained, the Governor shall have power, in any case where it shall appear to him that the remuneration of any liquidator under the foregoing povisions would be inadequate, to award to such liquidator such remuneration as he shall think fit, and thereupon such liquida- tor shall be entitled to retain such increased remuneration out of the assets of the trade, or out of the personal assets, of the alien enemy whose trade or personal affairs respectively he has been appointed to wind up: Provided that nothing in this sub-section shall be construed as affecting the rights of any secured creditor of such alien enemy."

8. Sub-section (12) of section 5 of the Principal Ordi- nance is renumbered as sub-section (17).

9. Section 6 of the Principal Ordinance is amended by the substitution of the word "formerly" for the word "previously" in the third line of sub-section (1) and by the addition of the following sub-section :-

"(4.) The prohibition referred to in sub-section (1) of this section, and the presumption referred to in şub-section (3) of this section, shall apply in the case of every trade, and in the case of every part of every trade, carried on by any alien enemy at any time after the 31st Decem- ber, 1913, unless the person carrying on such trade or part of such trade shall prove to the satisfaction of the magistrate or the court or the jury as the case may be that such trade or part of such trade was bona fide assigned or parted with or abandoned by the alien enemy before the 5th August, 1914."

10. Section 10 of the Principal Ordinance is amended as follows:-

(a.) by the substitution of the word "affect" for

the word "effect" in the second line thereof; (b.) by the substitution of a colon for the full stop at the end thereof, and by the addition thereto of the following

"Provided that where a liquidator has "been appointed to wind up the "affairs of any trade formerly carried on in the Colony by an alien enemy

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or to wind up the personal affairs any alien enemy no proceedings in

of

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