51118-1917-Trading-with-the-Enemy-Consolidation-Regulations-1917--King-s-Regulations- — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, APRIL 13, 1917.

(8.) Permits any British ship to leave for, enter, or communicate with any port

or place in an enemy country; or

(9.) Enters into any commercial, financial, or other contract or obligation with

or for the benefit of an enemy; or

(10.) Takes part in any act or transaction prohibited under any Proclamation dealing with the subject of trading with the enemy issued by His Majesty after the commencement of these Regulations, and published in the manner provided by the Principal Order for the publication of King's Regulations;

is guilty of trading with the enemy.

4.--(1.) Where an enemy has a branch locally situated in British territory or a non- enemy country, other than neutral territory in Europe, China, Siam, Persia, or Morocco, transactions by or with such branch shall not be treated as transactions by or with an

enemy.

(2.) Transactions hereafter entered into by any person resident, carrying on business, or being in China--

(a.) In respect of banking business with a branch situated outside the United

Kingdom of an enemy; or

(b.) In respect of any description of business with a branch situated outside

the United Kingdom of an enemy bank;

shall be considered as transactions with an enemy.

Provided that acceptance, payment, or other dealing with any negotiable instrument which was drawn before the 26th July, 1915, shall not, if otherwise lawful, be deemed to be a transaction hereafter entered into within the meaning of this paragraph.

(3.) Notwithstanding anything in this Regulation, where an enemy has a branch situated locally in British territory or a non-enemy country, which carries on the business of insurance or reinsurance, of whatever nature, a transaction by or with such branch in respect of the business of insurance or reinsurance shall be considered as a transaction by or with an enemy.

Enemy Property.

5. If any China company contravenes the provisions of section 4 of the Ordinance of the Colony of Hongkong, entitled "Trading with the Enemy (Amendment) Ordinance, 1915," such company shall be guilty of a breach of these Regulations.

6. Every China company, if it has not already done so, shall within one month after the commencement of these Regulations by notice in writing communicate to the custodian of enemy property in the Colony of Hongkong full particulars of all shares, stocks, debentures, and debenture stock, and other obligations of the company which are held by or for the benefit of an enemy.

7. Any person who, by himself or in conjunction with another person, whether a British subject or not, holds or manages for or on behalf of an enemy any property movable or immovable (including any rights, whether legal or equitable, in or arising out of property, movable or immovable), shall within one month after the commencement of these Regulations, or if the property comes into his possession or under his control after the commencement of these Regulations, then within one month after it comes into his possession or control, by notice in writing communicate the fact, and such particulars as may at any time be required, to the consular officer of the district in which he is resident, and, if it be immovable property, then to the consular officer of the district in which it is situated.

Property mentioned in this Regulation shall include property lent to a firm for the purposes of the business of such firm by an enemy, and such property shall be deemed to be property held or managed by a partner of such firm within the meaning of this Regulation.

8.-(1.) Any sum which, had a state of war not existed, would have been payable and paid to or for the benefit of an enemy, by way of dividends, interest, or share of profits, and balances and deposits standing to the credit of an enemy at any bank, and any debt to the amount of 50 dollars or upwards, which is due or which, had a state of war not existed, would have been due to an enemy, shall be paid by the person by whom it would have been payable into an account to be entitled The Enemy Dividends