41016-1915-Ordinances-passed-and-assented-to--Soeurs-de-Saint-Paul-de-Chartres-Incorporation-No-10-of-1915 — Page 4

THE HONGKONG GOVERNMENT GAZETTE, MAY 7, 1915.

bind alien

and

3. Every order and judgment duly made or given in any Action by or action or other legal proceeding brought by or against any against liquidator appointed under the Principal Ordinance in liquidator to respect of the trade or personal affairs which such liquida- enemy tor was appointed to wind up shall for all purposes and in others. all respects be as binding on the alien enemy whose trade or personal affairs such liquidator was appointed to wind up and on all the persons entitled to the profits of such trade as if the action or other legal proceeding had been brought by or against, and the order or judgment had been made or given for or against, such alien enemy and persons as well as by, against, or for such liqnidator,

action

4. The Supreme Court shall have power to stay any Court to action or other legal proceeding brought against any have power liquidator appointed under the Principal Ordinance in to stay respect of the trade or personal affairs which such liquida- against tor was appointed to wind up in any case in which it shall liquidator. seem to the Court to be desirable to do so in the interests of justice on account of the liquidator being unable to obtain proper instructions from the alien enemy whose trade or personal affairs such liquidator was appointed to wind up.

action

5. The Supreme Court shall have power, of its own Court to motion or at the application of any party or on the re- have power presentation of the Crown, to stay any action brought to stay against any alien enemy in any case in which it may seem against to the Court to be desirable to do so in the interests of alien enemy. justice on account of the impossibility of obtaining proper instructions from such alien enemy owing to the state of war which exists between His Majesty and the State to which such alien enemy belongs.

6.--(1.) Any liquidator appointed under the Principal Liquidator Ordinance shall with the permission of the Governor be to be entitled to apply to the Court for directions on any matter entitled to arising out of the winding up.

(2.) Any such application shall be heard and determined in such manner as the Court may direct, and it shall be lawful for the Court to hear such parties and persons as it may think fit.

(3.) The costs of any such application shall be in the discretion of the Court.

(4.) No claim for any costs awarded against such liquidator on any such application shall have any priority over any other claim against such liquidator in respect of the winding up.

apply for directions.

liabilities

7. Any liquidator appointed under the Principal Ordi- Power to nance shall with the permission of the Governor be entitled discharge to discharge out of the assets in his hand any liability incurred of the alien enemy whose trade or personal affairs such outside the liquidator was appointed to wind up, although such Colony, liability may have arisen out of a transaction entered into by such alien enemy on behalf of a branch of his trade outside the Colony and may not be a liability which would ordinarily have been discharged by such alien enemy within the Colony,

remunera-

8.-(1.) In sub-sections (11), (12) and (13) of section 5 of Cash balan- the Alien Enemies (Winding up) Ordinance, 1914, as enacted ces, and the by section 7 of the Alien Enemies (Winding up) Amend- tion thereon. ment Ordinance, 1914, the total assets realised or brought to credit by the liquidator shall be deemed to include all credit balances in any bank in any account formerly operated no by the alien enemy whose trade or personal affairs such liquidator was appointed to wind up, and all sums of money due and payable to any such allen enemy by his compra- dore immediately before the appointment of such liquidator, but no liquidator shall be entitled to any remuneration on any such balance or sum of money without the express permission of the Governor.

(2.) It shall be within the absolute discretion of the Governor to determine whether any remuneration on any such balance or sum of money shall be drawn.

(3.) Any remuneration on any such balance or sum of > money drawn by any liquidator before the commencement of this Ordinance shall, unless the Governor otherwise

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