43554-1915-Supplementary-Bills-read-a-first-time--Trading-with-the-Enemy-Amendment — Page 1

186

LEGISLATIVE COUNCIL.

No. S. 104. The following Bills were read a first time at a Meeting of the Council held on the 6th May, 1915:-

A BILL

1

Short title

and con- struction.

5 Geo. 5. c.

12, s. 14.

Amendment

INTITULED

An Ordinance to amend the Trading with the Enemy Ordinance, 1914, and for purposes connected therewith.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1.-(1.) This Ordinance may be cited as the Trading with the Enemy Amendment Ordinance, 1915, and shall be read and construed as one with the Trading with the Enemy Ordinance, 1914, hereinafter called the Principal Ordinance.

(2.) In this Ordinance :—

'Enemy" means any person or body of persons who would be so treated for the purpose of any pro- clamation issued by His Majesty dealing with trading with the enemy for the time being in force;

"Present war ""

means the present war between His Majesty and Germany, Austria-Hungary and Turkey;

"Commencement of the present war' means as

respects any enemy the date on which war was declared by His Majesty on the country in which that enemy resides or carries on business.

(3.) Nothing in this Ordinance shall be construed as limiting any power by proclamation to prohibit any trans- action which is not prohibited by this Ordinance, or by licence to permit any transaction which is so prohibited.

2. Section 2 of the Principal Ordinance is amended by of Ordinance the insertion of the words or during the continuance of the present war between His Majesty and Turkey", after the word "Austria-Hungary in the fourth line of the first subsection thereof.

No. 25 of 1914, s. 2.

Invalidity of assignment

of debts, &c., by enemies.

5 Geo. 5, c. 12, s. 14.

3.-(1.) No person shall by virtue of any assignment of any debt or other chose in action, or delivery of any coupon or other security transferable by delivery, or transfer of any other obligation, made or to be made in his favour by or on behalf of an enemy, whether for valuable considera- tion or otherwise, have any rights or remedies against the person liable to pay, discharge or satisfy the debt, chose in action, security or obligation, unless he proves that the assignment, delivery, or transfer was made by leave of the Governor or was made before the commencement of the present war, and any person who knowingly pays, dis- charges or satisfies any debt, or chose in action, to which this subsection applies, shall be deemed to be guilty of the offence of trading with the enemy within the meaning of the Principal Ordinance:

Provided that this subsection shall not apply where the person to whom the assignment, delivery or transfer was made, or some person deriving title under him, proves that the transfer, delivery or assignment, or some subsequent transfer, delivery or assignment, was made before the eighth day of May, 1915, in good faith and for valuable consider- ation, nor shall this subsection apply to any bill of exchange or promissory note.

(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 commencement 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 :

{