41033-1915-Ordinances-passed-and-assented-to--Trading-with-the-Enemy-Amendment-No-12-of-1915 — Page 3

THE HONGKONG GOVERNMENT GAZETTE, MAY 14, 1915.

(2.) No person shall by virtue of any transfer of a bill of exchange or promissory note made or to be made in his favour by or on behalf of an enemy, whether for valuable consideration or otherwise, have any rights or remedies against any party to the instrument, unless he proves that the transfer was made before the cominencement of the present war, and any party to the instrument who know- ingly discharges the instrument shall be deemed to be guilty of trading with the enemy within the meaning of the Principal Ordinance :

Provided that this subsection shall not apply where the transferee, or some subsequent holder of the instrument proves that the transfer, or some subsequent transfer, of the instrument was made before the eighth day of May, 1915, in good faith and for valuable consideration.

(3.) Nothing in this section shall be construed as vali- dating any assignment, delivery or transfer which would be invalid apart from this section or as applying to securi- ties within the meaning of section 4 of this Ordinance.

company,

4.-(1.) Unless made by leave of the Governor, no Invalidity transfer made after the passing of this Ordinance by or on of transfers behalf of an enemy of any securities shall confer on the of shares in transferee any rights or remedies in respect thereof, and no &c. company or other body by whom the securities were issued 5 Geo. 5. c. or are managed shall, except as bereinafter appears, take 12, s. 8. any cognizance of or otherwise act upon any notice of such a transfer:

(2.) No entry shall hereafter, during the continuance of the present war, be made in any register or branch register or other book kept in the Colony, or under the Companies Ordinances, 1911 and 1913, of any transfer of any securi- ties therein registered, inscribed or standing in the name of an enemy, except by leave of the Governor.

(3.) No share warrants payable to bearer shall be issued during the continuance of the present war in respect of any shares or stock registered in the name of any enemy.

(4.) If any company or any body contravenes the provi- sions of this section the company or body shall be liable on summary conviction to a fine not exceeding one thousand dollars, and every director, manager, secretary or other officer of the company or body who is knowingly a party to the default, shall be liable on the like conviction to a like fine or to imprisonment, with or without hard labour, for a term not exceeding six months.

(5.) For the purposes of this section the expression "securities" means any annuities, stock, shares, debentures or debenture stock issued by or on behalf of the Government or by any other authority, or by any company or by any other body, which are registered or inscribed in any register, branch register, or other book kept in the Colony, or under the Companies Ordinances, 1911 and 1913.

5.-(1.) Section 2 of the Principal Ordinance shall Additional apply to a person who during the present war attempts, or provisions as directly or indirectly offers or proposes or agrees, or has to trading since the fourth day of August, 1914, attempted or directly or indirectly offered or proposed or agreed, to trade with the enemy within the meaning of that Ordinance in like manner as it applies to a person who so trades or has so traded.

(2.) If any person without lawful authority in anywise aids or abets any other person, whether or not such other person is in the Colony, to enter into, negotiate, or com- plete any transaction or do any act which, if effected or done in the Colony by such other person, would constitute an offence of trading with the enemy within the meaning of the Principal Ordinance, he shall be deemed to be guilty of such an offence.

(3.) If any person without lawful authority deals, or attempts, or offers, proposes or agrees, whether directly or indirectly, to deal with any money or security for money or other property which is in his hands or over which he has any claim or control for the purpose of enabling an enemy to obtain money or credit thereon or thereby he shall be deemed to be guilty of the offence of trading with the enemy within the meaning of the Principal Ordinance.

with the

enemy. 5 Geo. 5, c. 12, s. 10.

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