36143-1914-Bill-to-be-read-a-first-time--Alien-Enemies-Winding-up-Amendment — Page 5

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 30, 1914. 507

bankruptcy shall be brought or be "maintained against any such alien enemy so long as the appointment

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"

of such liquidator, or of any person

appointed as liquidator in succes-

sion to such liquidator, shall remain "in force."

11. No alien enemy shall be entitled to present a bank- No alien ruptcy petition against himself.

enemy to be entitled to present a bankruptcy petition against himself.

12. All the amendments made by this Ordinance in the Amend- Principal Ordinance shall be deemed to have been made in ments made the Principal Ordinance immediately upon the coming into by this operation of the Principal Ordinance.

Ordinance

to be deemed to have been made upon the com-

mencement

of the Principal Ordinance.

officers.

13. No legal proceeding of any kind, except criminal Protection proceedings by way of indictment where such shall lie, of public shall be brought or be maintained by any person whatsoever against any public officer in respect of any direction or per- mission bonâ fide given or refused in execution or intended execution or enforcement or intended enforcement of the Principal Ordinance or of this Ordinance or of any power conferred by either of the said Ordinances, whether such permission have been or may be given or refused before or after the commencement of this Ordinance.

Objects and Reasons.

The object of this Bill is to fill up certain lacunæ in the express provisions of the Principal Ordinance in order the better to carry out its spirit and general intention, and to make the law clearer on certain points on which the con- struction of the Principal Ordinance might possibly give rise to some question. The main provisions of the Bill are as follows :-

It is expressly prohibited to pay any money, or part with any property, to or for the benefit of an alien enemy, or in any way to deal with any property for the benefit of an alien enemy.

It is expressly provided that the property over which the liquidator will have control shall include any property within the Colony which may have been employed in or in connection with any branch of the alien enemy's trade out- side the Colony, e.g., goods belonging to the Canton branch of a firm established at Canton as well as in the Colony.

It is expressly provided that the appointment of a liqui- dator shall not affect any liability of a compradore or his sureties as existing immediately before such appointment.

It is provided that where a liquidator has been appointed no proceedings in bankruptcy may be brought against the alien enemy in question, and that no alien enemy shall be entitled to present a bankruptcy petition against himself.

The Principal Ordinance provided for the payment of the liquidators' expenses and remuneration in case of the insolvency of the alien enemy's trade or personal estate, but failed to provide for such payment in case of solvency. This omission is now rectified.

It is provided that where the trade which is being wound up is a branch of a trade carried on also outside the Colony, the liabilities to be discharged by the liquidator shall be confined to liabilities arising out of the transactions entered into by or on behalf of the Hongkong branch.

Power is given to the Governor to award a higher remuneration in any special case where the usual re- muneration of 21% shall appear to him inadequate. This, however, will not affect the position of secured creditors.

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