593894-1939-Ordinance-passed-and-assented-to---Law-revision--No-33-of-1939 — Page 78

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1939.

Schedule, contd.

SHORT TITLE.

AMENDMENT OR REPEAL.

55. The Trading with the Enemy Ordin-

ance, 1914. (No. 25 of 1914), -contd.

Provided that a person shall not. by reason only that the directors of a

body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

3.- (1) Subject to the provisions of this Definition section, the expression "enemy for the of enemy. purposes of this Ordinance means--

(a) any State, or Sovereign of a State, at war with His Majesty;

(b) any individual resident in enemy territory;

body

of

(e) any

persons, whether corporate or unincorporate, carrying on business in any place, if and so long as the body is controlled by a person who, under this section, is an enemy; or

(d) any body of persons constituted or incorporated in, or under the laws of a State at war with His Majesty,

but does not include any person by reason only that he is an enemy subject.

(2) The Governor may by order direct that any person specified in the order shall, for the purposes of this Ordinance, be deemed to be, while so specified, an enemy.

4.-(1) Any person who trades with the Penalties enemy within the meaning of this Ordinance for trading shall be guilty of an offence of trading with the with the enemy and shall be liable-

(a) on conviction on indictment, to im- prisonment for a term not exceeding seven years or to a fine or to both such imprison- ment and a fine, or

(b) on summary conviction, to imprison- ment for a term not exceeding twelve months or to a fine not exceeding ten thousand dollars, or to both such imprison- ment and such fine.

(3) For the purposes of this Ordinance a person shall be deemed to have traded with the enemy--

(a) if

he bas had any commercial, financial or other intercourse or dealings with or for the benefit of an enemy, and in particular, but without prejudice to the generality of the foregoing provisions, if he has

(1) supplied any goods to or for the benefit of an enemy or obtained any goods from an enemy or traded in or carried any goods consigned to or from an enemy or destined for or coming from enemy territory; or

(ii) paid or transmitted any money. negotiable instrument Or security for money to or for the benefit of an enemy or to a place in enemy territory; or

enemy.

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