1950_TRADING_WITH_THE_ENEMY_ORDINANCE — Page 22

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 188]

Condition as to the incor-

poration of new com- · panies, and prohibition of acquisition of certain undertakings by any company.

5 & 6 Geo. 5, c. 12, s. 9.

24 of 1950, Schedule.

Trading with the Enemy.

provisions of this Ordinance, or such order, as the case may be, he shall be liable on summary conviction to a fine of two thousand dollars and imprisonment for six months, and the payment or dealing shall be void.

(7) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on summary conviction to a fine of two hundred dollars for every day on which the default

continues.

(8) In this section-

"enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject;

"prescribed" means prescribed by an order made under

this section; and

"property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession

or not.

General and supplementary.

23. (1) During the war, a certificate of incorporation of a company shall not be given by the Registrar of Companies until there has been filed with him either-

(a) a statutory declaration by a solicitor of the Supreme Court engaged in the formation of the company or by a person named in the articles as a director or secretary of the company that the company is not formed for the purpose or with the intention of acquiring the whole or any part of the undertaking of any person whose books and documents are liable to inspection under subsection (1) of section 10;

or

(b) a licence from the Governor authorizing the acquisition by the company of such an undertaking.

(2) Where such a statutory declaration has been filed, it shall not be lawful for the company during the war, without the licence of the Governor, to acquire the whole or any part

460

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CAP. 188] Condition as to the incor- poration of new com- · panies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, s. 9. 24 of 1950, Schedule. Trading with the Enemy. provisions of this Ordinance, or such order, as the case may be, he shall be liable on summary conviction to a fine of two thousand dollars and imprisonment for six months, and the payment or dealing shall be void. (7) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on summary conviction to a fine of two hundred dollars for every day on which the default continues. (8) In this section- "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject; "prescribed" means prescribed by an order made under this section; and "property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession or not. General and supplementary. 23. (1) During the war, a certificate of incorporation of a company shall not be given by the Registrar of Companies until there has been filed with him either- (a) a statutory declaration by a solicitor of the Supreme Court engaged in the formation of the company or by a person named in the articles as a director or secretary of the company that the company is not formed for the purpose or with the intention of acquiring the whole or any part of the undertaking of any person whose books and documents are liable to inspection under subsection (1) of section 10; or (b) a licence from the Governor authorizing the acquisition by the company of such an undertaking. (2) Where such a statutory declaration has been filed, it shall not be lawful for the company during the war, without the licence of the Governor, to acquire the whole or any part 460
Baseline (Original)
CAP. 188] Condition as to the incor- poration of new com- · panies, and prohibition of acquisition of certain undertakings by any company. 5 & 6 Geo. 5, c. 12, 8. 9. 24 of 1950, Schedule. Trading with the Enemy. provisions of this Ordinance, or such order, as the case may be, he shall be liable on summary conviction to a fine of two thousand dollars and imprisonment for six months, and the payment or dealing shall be void. (7) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on summary conviction to a fine of two hundred dollars for every day on which the default continues. (8) In this section- "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject; "prescribed" means prescribed by an order made under this section; and "property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession [20] or not. General and supplementary. 23. (1) During the war, a certificate of incorporation of a company shall not be given by the Registrar of Com- panies until there has been filed with him either- (a) a statutory declaration by a solicitor of the Supreme Court engaged in the formation of the company or by a person named in the articles as a director or secretary of the company that the company is not formed for the purpose or with the intention of acquiring the whole or any part of the undertaking of any person whose books and documents are liable to inspection under subsection (1) of section 10; or (b) a licence from the Governor authorizing the acquisition by the company of such an undertaking. (2) Where such a statutory declaration has been filed, it shall not be lawful for the company during the war, without the licence of the Governor, to acquire the whole or any part 460
2026-05-04 01:25:38 · Baseline
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CAP. 188]

Condition as to the incor-

poration of new com- · panies, and prohibition of acquisition of certain undertakings by any company.

5 & 6 Geo. 5, c. 12, 8. 9.

24 of 1950, Schedule.

Trading with the Enemy.

provisions of this Ordinance, or such order, as the case may be, he shall be liable on summary conviction to a fine of two thousand dollars and imprisonment for six months, and the payment or dealing shall be void.

(7) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on summary conviction to a fine of two hundred dollars for every day on which the default

continues.

(8) In this section-

"enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject;

"prescribed" means prescribed by an order made under

this section; and

"property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession [20]

or not.

General and supplementary.

23. (1) During the war, a certificate of incorporation of a company shall not be given by the Registrar of Com- panies until there has been filed with him either-

(a) a statutory declaration by a solicitor of the Supreme Court engaged in the formation of the company or by a person named in the articles as a director or secretary of the company that the company is not formed for the purpose or with the intention of acquiring the whole or any part of the undertaking of any person whose books and documents are liable to inspection under subsection (1) of section 10;

or

(b) a licence from the Governor authorizing the acquisition by the company of such an undertaking.

(2) Where such a statutory declaration has been filed, it shall not be lawful for the company during the war, without the licence of the Governor, to acquire the whole or any part

460

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