36147-1914-Ordinances-passed-and-assented-to--Alien-Enemies-Winding-up-Amendment-No-30-of-1914 — Page 4

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 4, 1914.

(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- Renumber- nance is renumbered as sub-section (17).

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

9. Section 6 of the Principal Ordinance is amended as Amendment follows:-

of Ordinance No. 28 of

(a.) by the substitution of the word " formerly" 1914, s. 6.

for the word "previously" in the third line of sub-section (1);

(b.) by the repeal of sub-section (3) and by the substitution therefor of the following sub- section :-

"(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 enemy formerly had trade relations, he shall be presumed to be carrying on the trade formerly carried on by such alien enemy, unless he shall prove to the satisfaction of the magistrate or the court or the jury as the case may be (a) that such trade was bonâ fide assigned or parted with or abandoned by such alien enemy before the 5th August, 1914, or (b) that he has bonâ fide established new trade relations with such principal or person with- out the intervention or assistance of such alien enemy and that he is not trailing in any way on account of or for the benefit of any alien enemy."

10. Section 10 of the Principal Ordinance is amended Amendment 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 "or to wind up the personal affairs "of any alien enemy no proceedings in bankruptcy shall be brought or be "maintained against any such alien 'enemy so long as the appointment "of such liquidator, or of any person "appointed as liquidator in succes- "sion to such liquidator, shall remain "in force."

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

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.

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