583501-1940-The-Trading-with-the-Enemy-Ord--1914-Third-Amendment-Regulations-1940 — Page 1

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 1, 1940.

NOTICES.

No. 1104.

COLONIAL SECRETARY'S DEPARTMENT.

In exercise of the powers conferred by section 1 (2) (7) of the Emergency Powers (Defence) Act, 1939, as applied to this Colony by the Emergency Powers (Colonial Defence) Order in Commeil, 1939, as respectively amended by the Emergency Powers (Defence) Act, 1940, and the Emergency Powers (Colonial Defence) Order in Council, 1940, His Excellency the Officer Administering the Government makes the following regulations—

The Trading with the Enemy Ordinance, 1914, Third Amendment Regulations, 1940.

1. These regulations may be cited as The Trading with the Enemy Ordinance, 1914. Third Amendment Regulations,

1940.

2. Sub-section (1) of section 3 of the Trading with the Enemy Ordinance, 1914, is amended-

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(a) by the deletion of the word OF at the end of paragraph (c) thereof;

(b) by the insertion of the following paragraph immedi- ately after paragraph (d)--

"(e) as respects any business carried on in enemy territory, any individual or body of persons (whether corporate or unincorporated) carrying on that business," :

in the pen-

(e) by the deletion of the word "person ultimate line thereof and the substitution therefor of the word

individual

3. Section 4 of the Trading with the Enemy Ordinance, 1914, is amended by the addition at the end thereof of the following sub-section--

(9) In any proceedings for an offence of trading with the enemy, the fact that any document has been despatched addressed to a person in enemy territory shall, unless the contrary is proved, be evidence, as against any person who was a party to the despatch of the document, that the person to whom the document was despatched was an enemy.’

4. Section 20 of the Trading with the Enemy Ordinance, 1914, is amended by the insertion immediately after sub- section (1) thereof of the following sub-section-

may

"(IA) The rights, powers, duties and liabilities which be conferred and imposed by the Governor on the Custodian under sub-section (1) shall, where it appears to the Governor that it is expedient that any business should be carried on or continue to be carried on in or from this Colony, include such rights, powers, duties and liabilities as respects the property and money mentioned in paragraph (d) of the said sub-section (1) as in the opinion of the Governor are necessary or expedient in order to enable that business so to be carried

on

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Published by His Excellency's Command.

2nd October, 1940.

N. L. SMITH,

Colonial Secretary.