1964 Ed.]
Trading with the Enemy.
[CAP. 346
5
(ii) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had already been performed when the payment was received, and had been performed at a time when the person from whom the payment was received was not an enemy.
(3) Any reference in this section to an enemy shall be construed as including a reference to a person acting on behalf of an enemy.
(4) In any proceedings for an offence of trading with the enemy, the fact that any document has been dispatched 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 dispatch of the document, that the person to whom the document was dispatched was an enemy.
(5) A prosecution for an offence of trading with the enemy shall not be instituted except by, or with the consent of, the Attorney General:
Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of a prosecution for the offence has not been obtained.
5. (1) The Governor, if he thinks it expedient for securing compliance with the provisions of section 4 so to do, may by order in writing appoint an inspector, for the purpose of this section and, by such order, authorize the inspector to inspect any books or documents belonging to, or under the control of, a person named in the order, and to require that person and any other person to give such information in his possession with respect to any business carried on by the named person as the inspector may demand, and for the purposes aforesaid to enter on any premises used for the purposes of that business.
(2) If, on a report made by an inspector in respect of any business, it appears to the Governor that it is expedient, for securing compliance with the provisions of section 4, that the business should be subject to supervision, the Governor may appoint a supervisor to supervise the business, with such powers as the Governor may determine.
(3) Any person who, without reasonable cause, fails to produce for inspection, or furnish, to an inspector or a supervisor, any document or information which he is duly requested by the inspector or supervisor so to produce or furnish, shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.
Inspection and supervision of businesses.
[Act. 2 & 3 Geo. 6 c. 89, s. 3.]
1964 Ed.]
Trading with the Enemy.
[CAP. 346
5
(ii) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had already been performed when the payment was received, and had been performed at a time when the person from whom the payment was received was not an enemy.
(3) Any reference to this section to an enemy shall be con- strued as including a reference to a person acting on behalf of an enemy.
(4) In any proceedings for an offence of trading with the enemy, the fact that any document has been dispatched 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 dispatch of the document, that the person to whom the document was dispatched was an enemy.
(5) A prosecution for an offence of trading with the enemy shall not be instituted except by, or with the consent of, the Attorney General:
Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of a prosecution for the offence has not been obtained.
5. (1) The Governor, if he thinks it expedient for securing compliance with the provisions of section 4 so to do, may by order in writing appoint an inspector, for the purpose of this section and, by such order, authorize the inspector to inspect any books or documents belonging to, or under the control of, a person named in the order, and to require that person and any other person to give such information in his possession with respect to any business carried on by the named person as the inspector may demand, and for the purposes aforesaid to enter on any premises used for the purposes of that business.
(2) If, on a report made by an inspector in respect of any business, it appears to the Governor that it is expedient, for securing compliance with the provisions of section 4, that the business should be subject to supervision, the Governor may appoint a supervisor to supervise the business, with such powers as the Governor may determine.
(3) Any person who, without reasonable cause, fails to pro- duce for inspection, or furnish, to an inspector or a supervisor, any document or information which he is duly requested by the inspector or supervisor so to produce or furnish, shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.
Inspection and supervision of businesses.
fct. 2 & 3 Geo. 6 c. 89, s. 3.]
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