1964_TRADING_WITH_THE_ENEMY_ORDINANCE — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

4

CAP. 346]

Trading with the Enemy.

Penalties for trading with

the enemy.

(4 & 5 Geo. 6 c. 89. s. 1)

[1964 Ed.

Her Majesty or by a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason, that area shall, for the purposes of sections 6, 7, 8 and 10 and, save as expressly provided by any such order, for the purposes of any order made under section 10, be treated as if, until such time as the Governor may by order specify, there had been no such cessation.

(5) Any order made by the Governor under this section shall be published in the Gazette.

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO.

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

(a) on conviction, on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; or (b) on summary conviction, to a fine of ten thousand dollars and to imprisonment for six months,

and the Court before which he is convicted may order that any goods or money in respect of which the offence has been committed shall be forfeited.

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

(a) he has 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 provision, if he has

(i) 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

(iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the coming into operation of this Ordinance; or

(b) he has done anything which, under the following provisions of this Ordinance, is to be treated as trading with the enemy:

Provided that a person shall not be deemed to have traded with the enemy by reason only that he has-

(i) done anything under an authority, given generally or specially by, or by any person authorized in that behalf by, the Governor; or

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4 CAP. 346] Trading with the Enemy. Penalties for trading with the enemy. (4 & 5 Geo. 6 c. 89. s. 1) [1964 Ed. Her Majesty or by a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason, that area shall, for the purposes of sections 6, 7, 8 and 10 and, save as expressly provided by any such order, for the purposes of any order made under section 10, be treated as if, until such time as the Governor may by order specify, there had been no such cessation. (5) Any order made by the Governor under this section shall be published in the Gazette. TRADING WITH THE ENEMY AND MATTERS RELATING THERETO. 4. (1) Any person who trades with the enemy within the meaning of this Ordinance shall be guilty of an offence of trading with the enemy and shall be liable- (a) on conviction, on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; or (b) on summary conviction, to a fine of ten thousand dollars and to imprisonment for six months, and the Court before which he is convicted may order that any goods or money in respect of which the offence has been committed shall be forfeited. (2) For the purposes of this Ordinance a person shall be deemed to have traded with the enemy if- (a) he has 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 provision, if he has (i) 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 (iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the coming into operation of this Ordinance; or (b) he has done anything which, under the following provisions of this Ordinance, is to be treated as trading with the enemy: Provided that a person shall not be deemed to have traded with the enemy by reason only that he has- (i) done anything under an authority, given generally or specially by, or by any person authorized in that behalf by, the Governor; or ... Page 5 Page 6
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4 CAP. 346] Trading with the Enemy. Penalties for trading with the enemy. lef. 2 & 3 Geo. 6 c. 89. s. 1) [1964 Ed. Majesty or by a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason, that area shall, for the purposes of sections 6, 7, 8 and 10 and, save as expressly provided by any such order, for the purposes of any order made under section 10, be treated as if, until such time as the Governor may by order specify, there had been no such cessation. (5) Any order made by the Governor under this section shall be published in the Gazette. TRADING WITH THE ENEMY AND MATTERS RELATING THERETO. 4. (1) Any person who trades with the enemy within the meaning of this Ordinance shall be guilty of an offence of trading with the enemy and shall be liable- (a) on conviction, on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; or (b) on summary conviction, to a fine of ten thousand dollars. and to imprisonment for six months, and the Court before which he is convicted may order that any goods or money in respect of which the offence has been com- mitted shall be forfeited. (2) For the purposes of this Ordinance a person shall be deemed to have traded with the enemy if- (a) he has 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 provision, if he has (i) 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 instru- ment or security for money to or for the benefit of an enemy or to a place in enemy territory; or (iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was under- taken before or after the coming into operation of this Ordinance; or (b) he has done anything which, under the following provi- sions of this Ordinance, is to be treated as trading with the enemy: Provided that a person shall not be deemed to have traded with the enemy by reason only that he has- (i) done anything under an authority, given generally or specially by, or by any person authorized in that behalf by, the Governor; or ..-J Page 5Page 6
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4

CAP. 346]

Trading with the Enemy.

Penalties for trading with

the enemy.

lef. 2 & 3 Geo. 6

c. 89. s. 1)

[1964 Ed.

Majesty or by a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason, that area shall, for the purposes of sections 6, 7, 8 and 10 and, save as expressly provided by any such order, for the purposes of any order made under section 10, be treated as if, until such time as the Governor may by order specify, there had been no such cessation.

(5) Any order made by the Governor under this section shall be published in the Gazette.

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO.

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

(a) on conviction, on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; or (b) on summary conviction, to a fine of ten thousand dollars.

and to imprisonment for six months,

and the Court before which he is convicted may order that any goods or money in respect of which the offence has been com- mitted shall be forfeited.

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

(a) he has 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 provision, if he has

(i) 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 instru- ment or security for money to or for the benefit of an enemy or to a place in enemy territory; or

(iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was under- taken before or after the coming into operation of this Ordinance; or

(b) he has done anything which, under the following provi- sions of this Ordinance, is to be treated as trading with the enemy:

Provided that a person shall not be deemed to have traded with the enemy by reason only that he has-

(i) done anything under an authority, given generally or specially by, or by any person authorized in that behalf by, the Governor; or

..-J

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