CHAPTER 114 - TRADING WITH THE ENEMY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Custodian of Enemy Property Order
Trading with the Enemy (Insolvency) Order
Trading with the Enemy (Investment) Order
Trading with the Enemy (Custodian) Order
Trading with the Enemy (Custodian) (Amendment) Order
Trading with the Enemy (Custodian) (Specified Persons) Order
Trading with the Enemy (Authorisation) Order
CUSTODIAN OF ENEMY PROPERTY ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Money to be paid to Custodian
3. Vesting Orders
4. Disposal of money or property
5. Production of documents
6. Dealing with enemy property prohibited
7. Production of documents by managers, etc
8. Sale of shares or stock
9. Prescribed fees
10. Interpretation
GN 91 of 1940,
GN 171 of 1940,
GN 191 of 1941,
GN 154 of 1948,
GN 497 of 1964,
SI 5 of 1965
This Order may be cited as the Custodian of Enemy Property Order.
2. Money to be paid to Custodian
(1) Any money which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy, and any money which is to be deemed for the purposes of the Act to be money which would, but for the existence of a state of war, be so payable, shall be paid to the Custodian.
(2) Without prejudice to the generality of sub-paragraph (1), there shall be paid to the Custodian in particular any money which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy, by way of—
(a) dividends, bonus or interest, in respect of any shares, stock, debentures, debenture stock, bonds or other securities, issued by any company or government, or any municipal or other authority;
(b) payment of any securities which have become payable on maturity or by being drawn for payment or otherwise;
(c) interest or other payment in respect of any loan or deposit whether secured or unsecured;
(d) profits or share of profits in any business, syndicate or other mercantile enterprise or adventure;
(e) debt, including money in the possession of any bankers, whether on deposit or current account or whether held in trust or in custody for or for the benefit of an enemy;
(f) money due under or in respect of any policy of assurance;
(g) rent or other payment reserved out of or payable in respect of freehold or leasehold property or any interest in land;
(h) payment in respect of any requisitioned property;
(i) payment arising under any trust, will or settlement.
(3) Any money which would, but for the provisions of sections 7 or 8 of the Act be payable to any purported assignee, transferee or allottee, shall be paid to the Custodian.
(4) Any money required to be paid under sub-paragraphs (1), (2) and (3) to the Custodian, shall be paid—
(a) within fourteen days after the commencement of this Order, if the money has become payable or would but for the existence of a state of war, have become payable before the commencement of this Order; or
(b) within fourteen days after the day on which a person becomes an enemy, if the money is required to be paid to the Custodian by reason of that person being an enemy and the money has become payable or would, but for the existence of a state of war, have become payable before the day on which that person becomes an enemy; or
(c) in any other case, within fourteen days after the day on which the money becomes payable or would, but for the existence of a state of war, become payable;
(d) in cases in which money would, but for the existence of a state of war, be payable in a foreign currency to or for the benefit of a person who is an enemy (other than cases in which money is payable under a contract in which provision is made for a specified rate of exchange), in currency which is legal tender within the Republic (hereinafter referred to as Zambian currency) at such rate of exchange as the President may determine as appropriate for ascertaining the value in Zambian currency of the money payable on that date.
(5) Nothing in the foregoing provisions of this Order shall be taken to require payment to the Custodian of any money, the payment of which is authorised to some other person, under an authority given generally or specifically by, or by any person authorised in that behalf by, the President.
(6) The Custodian shall have power to sue for and recover any moneys payable to him under this Order.
[Am by GN 191 of 1941; SI 5 of 1965.]
(1) Property already lawfully vested in the Custodian shall until it has been lawfully divested remain vested in the Custodian, and the President, in any case where it appears to him to be expedient to do so, may by order vest in the Custodian such enemy property as may be prescribed or the right to transfer such other enemy property as may be prescribed. Any order so made by the President is hereinafter referred to as a “Vesting Order”.
(2) The Custodian shall, except in so far as may be otherwise prescribed by the Vesting Order, have such powers with regard to the enemy property or the right to transfer enemy property vested in him by a Vesting Order as are prescribed by this Order.
(3) A Vesting Order as respects property of any description shall be of the like purport and effect as a vesting order as respects property of the same description made by the High Court under the Trustee Act, 1893, of the United Kingdom, and shall be sufficient to vest in the Custodian any property or the right to transfer any property as provided by the Vesting Order without the necessity of any further conveyance, assurance or document.
4. Disposal of money or property
(1) The Custodian shall, subject to the provisions of sub-paragraph (2) and except in so far as the President either generally or in any specific case may otherwise direct or order, hold any money paid to him under this Order and any property or the right to transfer any property vested in him under any Vesting Order until the termination of the state of war, and shall thereafter deal with the same in such manner as the President shall direct.
{mprestriction ids="2,3,5"}
(2) The Custodian, acting under a general or special direction of the President, may at any time pay over any particular money paid to him under this Order or transfer any particular property in respect of which a Vesting Order has been made to or for the benefit of the person who would have been entitled thereto but for the operation of the Act or any Order made thereunder or to any person appearing to the Custodian to be authorised by such person to receive the same.
(3) Any money paid to the Custodian under this Order and any property in respect of which a Vesting Order has been made shall not be liable to be attached or otherwise taken in execution.
(4) The receipt of the Custodian or any person duly authorised by him to sign receipts on his behalf for any money paid to him under this Order shall be a good discharge to the person paying the same.
Any person shall, within twenty-eight days after service on him of a notice by the Custodian requiring him so to do, furnish to the Custodian such returns, accounts and other information as are specified therein and produce such documents as are so specified being returns, accounts, information and documents, the furnishing or production of which the Custodian considers necessary for the discharge of his functions under this Order.
6. Dealing with enemy property prohibited
No person shall, without the consent of the President, save as directed by this Order, transfer, part with or otherwise deal with the property of any enemy.
7. Production of documents by managers, etc
(1) Any person who holds or manages for or on behalf of an enemy any property shall, within fourteen days after the commencement of this Order (or, if the property comes into his possession or under his control after the commencement of this Order or the person for or on behalf of whom the property is held or managed, becomes an enemy after that date, then within fourteen days after the time when the property comes into the possession or under the control of the first-mentioned person or the person for or on behalf of whom the property is held or managed becomes an enemy, as the case may be), by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such returns, accounts and other information, and produce for inspection such documents in relation thereto, as the Custodian may require.
(2) Any enemy subject who holds or manages any property or any person who holds or manages any property for or on behalf of an enemy subject shall furnish the Custodian with such returns, accounts and other information, and produce for inspection such documents in relation thereto, as the Custodian may require.
(3) Every company incorporated in the Republic and every company which though not incorporated in the Republic has a share transfer or share registration office in the Republic shall, within fourteen days after the commencement of this Order, by notice in writing communicate to the Custodian full particulars of all shares, stock, debentures and debenture stock, bonds or other securities issued by the company which are held by or for the benefit of an enemy; and, if any shares, stock, debentures or debenture stock, bonds or other securities issued by any such company as aforesaid are held by or for the benefit of any person who becomes an enemy after the commencement of this Order, the company shall, within fourteen days after the day on which that person becomes an enemy, by like notice communicate to the Custodian the like particulars in regard to that person.
(4) Every partner of every firm, any partner of which has, at any time before the commencement of this Order, become an enemy, or to which money has been lent for the purpose of the business of the firm by a person who so became an enemy, shall, within fourteen days after the commencement of this Order, by notice in writing communicate to the Custodian full particulars as to any share of profits or interest due to such enemy; and every partner of every firm, any partner of which becomes an enemy after the commencement of this Order, or to which a person who becomes an enemy has lent money for the purpose aforesaid before the day on which that person becomes an enemy, shall, within fourteen days after the day on which the partner or person concerned becomes an enemy, by like notice communicate to the Custodian the like particulars in regard to that partner or person.
(1) Where, in exercise of the powers conferred upon him, the Custodian purposes to sell any shares or stock forming part of the capital of any company, or any securities issued by the company, in respect of which a Vesting Order has been made, then any law or any regulation of the company to the contrary notwithstanding, the company may, with the consent of the President, purchase the shares, stock or securities, and any shares, stock or securities so purchased may from time to time be reissued by the company.
(2) Where the Custodian executes a transfer of any shares, stock or securities which he is empowered to transfer by a Vesting Order, the company or other body in whose books the shares, stock or securities are registered shall, upon the receipt of the transfer so executed by the Custodian and upon being required by him so to do, register the shares, stock or securities in the name of the Custodian or other transferee notwithstanding any regulation or stipulation of the company or other body, and notwithstanding that the Custodian is not in possession of the certificate, script or other document of title relating to the shares, stock or securities transferred; but such registration shall be without prejudice to any lien or charge in favour of the company or other body, or to any other lien or charge of which the Custodian has notice.
There shall be retained by the Custodian in respect of his general administrative expenses fees equal to 5 per centum of—
(a) the amount of moneys paid to him; and
(b) the value at the date of vesting of any property which is vested in him or of which the right of transfer is vested in him.
The value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the Minister responsible for finance, such property would fetch if sold in the open market. The fees in respect of such property may be retained out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom.
[Am by GN 171 of 1940; SI 5 of 1965.]
In this Order, “enemy” has the same meaning as that assigned to it in the Act and “enemy property”, “property” and “prescribed” have the same meanings as those assigned to them in section 11 of the Act, and references to “the Custodian” shall be construed as references to the Custodian of Enemy Property for the Republic from time to time.
TRADING WITH THE ENEMY (INSOLVENCY) ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Interpretation
3. Benefit of debts and claims vested in Custodian
4. Powers of Custodian
5. Liquidator to make returns
6. Debtor to make returns
7. Custodian subject to direction by President
GN 232 of 1940,
GN 497 of 1964.
This Order may be cited as the Trading with the Enemy (Insolvency) Order.
In this Order, unless the context otherwise requires—
“a bankrupt” means a person adjudged bankrupt in pursuance of the Bankruptcy Act;
“company” means any company in respect of which the High Court has jurisdiction to make a winding-up order;
“the Custodian” means the Custodian of Enemy Property for the Republic;
“Deed of Arrangement” means a Deed of Arrangement to which the Deeds of Arrangement Act Applies.
3. Benefit of debts and claims vested in Custodian
Where any company goes into winding up or a person becomes bankrupt or enters into a Deed of Arrangement or where a debtor enters into a composition or a scheme of arrangement pursuant to section 18 of the Bankruptcy Act, the benefit of all debts and of all claims which would but for the existence of a state of war be provable by an enemy in the winding-up or in the bankruptcy or under the Deed of Arrangement, composition or scheme of arrangement, as the case may be, and of all securities therefor shall forthwith stand vested in the Custodian.
The Custodian shall, in relation to any such debt or claim, be entitled to prove in the winding-up or bankruptcy or under the Deed of Arrangement, as the case may be, to settle and agree accounts, to compromise disputed matters, to appeal from any rejection of a proof and otherwise to take in relation thereto such proceedings as he may think fit.
It shall be the duty of the liquidator in the winding-up of a company, the trustee in any bankruptcy and of the trustee under any Deed of Arrangement and (except where a return has been duly made under paragraph 6) of the trustee under any such composition or scheme as aforesaid, within fourteen days of the facts coming to his knowledge, to make a return in writing to the Custodian of all debts and claims vested in the Custodian by virtue of this Order and provable in such winding-up or bankruptcy or under such Deed of Arrangement or under such composition or scheme, and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require.
It shall be the duty of a debtor who proposes to make or enter into any such composition or scheme of arrangement as aforesaid, within fourteen days of his lodging his proposal, to make a return in writing to the Custodian of all debts and claims which will vest in the Custodian by virtue of this Order if such composition or scheme be approved by the court, and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require.
7. Custodian subject to direction by President
The Custodian shall exercise all the powers conferred on him by this Order in such manner as he may from time to time be directed by the President and subject to any such direction as he may from time to time think fit.
TRADING WITH THE ENEMY (INVESTMENT) ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Investment of moneys
3. Authorisation
GN 151 of 1941,
GN 497 of 1964,
SI 5 of 1965.
This Order may be cited as the Trading with the Enemy (Investment) Order.
Any moneys received by the Custodian of Enemy Property by virtue of any order made or to be made by the President under section 11 of the Act may be invested by the Custodian in the Post Office Savings Bank or in such securities as the President may from time to time specify.
[Am by SI 5 of 1965.]
The Custodian of Enemy Property order and every other such order as aforesaid shall be read and take effect as if it contained a provision authorising all moneys arising directly or indirectly to the Custodian under or by virtue of such Order to be dealt with in the manner authorised by this order.
TRADING WITH THE ENEMY (CUSTODIAN) ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Right to transfer securities
3. Custodian may transfer securities into his own name
4. Sale of securities
5. Exercise of voting and other rights
6. Reimbursement of payments
7. Securities not liable to be attached, etc.
8. Interpretation
GN 207 of 1946,
GN 497 of 1964.
This Order may be cited as the Trading with the Enemy (Custodian) Order.
2. Right to transfer securities
There shall vest in the Custodian the right to transfer all securities of the following descriptions, that is to say, annuities, stocks, shares, bonds, debentures or debenture stock registered or inscribed in any register, branch register or other book kept in the Republic or transferable by delivery of any document situate in the Republic, belonging to or held on behalf of a person who is an enemy for the purposes of this Order.
3. Custodian may transfer securities into his own name
The Custodian is to be at liberty to transfer the said securities or any of them into his own name to be held by him as such Custodian or into the name or names of any other person or persons, whether on the occasion of a sale or otherwise, and to take possession of the said securities or any of them and subject to such terms and conditions (if any) as may be required by him and shall do so as and when requested by the President.
The Custodian (whether the said securities or any of them shall be transferred into his own name or not) shall sell all or any of the said securities as and when requested so to do by the President with power for that purpose to employ such brokers and agents as he shall think fit.
5. Exercise of voting and other rights
The Custodian shall exercise the voting and other rights carried by the said securities in such manner as may from time to time be directed by the President and, subject to any such directions, may exercise the rights in such manner as he may from time to time think fit.
Out-of-pocket payments duly made by the Custodian in relation to the receiving, collecting, vesting, management, holding or disposing of the said securities and dividends, interest and other payments shall be reimbursed to the Custodian out of such dividends, interest and other payments as aforesaid or out of the proceeds of such securities as aforesaid and shall be chargeable accordingly.
7. Securities not liable to be attached, etc.
(1) Any security which is the subject of this Order shall not be liable to be attached or otherwise taken in execution.
(2) No person shall, without the consent of the President, save as directed by this Order, transfer, part with or otherwise deal with any security or dividend, interest or other payment which is the subject of this Order.
(3) The receipt of the Custodian or any person duly authorised by him to sign receipts on his behalf for any dividend, interest or other payment paid to him under this Order shall be a good discharge to the person paying the same.
(4) Proceedings may be taken by the Custodian in the name of the Custodian of Enemy Property and no action brought shall abate or be affected by any change in the person nominated as Custodian.
For the purposes of this Order, “enemy” means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order, 1946, as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. 2) Order, 1946, and the Trading with the Enemy (Specified Persons) (Amendment) (No. 3) Order, 1946.
TRADING WITH THE ENEMY (CUSTODIAN) (AMENDMENT) ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Exceptions
3. Application
GN 208 of 1946,
GN 497 of 1964.
This Order may be cited as the Trading with the Enemy (Custodian) (Amendment) Order.
Paragraphs 2, 6 and 7 of the Custodian of Enemy Property Order (requiring payment of certain monies to the Custodian and imposing restrictions and requirements in regard to certain property in the Republic) shall not apply to—
(a) any money which would, but for the existence of a state of war, become payable to or for the benefit of any person within the description contained in paragraph 3 on or after the 6th September, 1946;
(b) any property which on or after the 6th September, 1946, comes into the ownership of any such person as aforesaid.
This Order applies—
(a) to any individual resident in any territory which has at no time been enemy territory;
(b) as respects any business carried on in the territory referred to in sub-paragraph (a), to any individual or body of persons (whether corporate or unincorporated) carrying on that business.
TRADING WITH THE ENEMY (CUSTODIAN) (SPECIFIED PERSONS) ORDER
[Section 11]
Arrangement of Paragraphs
Paragraph
1. Title
2. Vesting of debt, etc., in Custodian
3. Interpretation
GN 209 of 1946.
This Order may be cited as the Trading with the Enemy (Custodian) (Specified Persons) Order.
2. Vesting of debt, etc., in Custodian
There shall vest in the Custodian—
(a) any debt which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy for the purposes of this Order;
(b) in respect of any monies which would, but for the existence of a state of war, be payable to or for the benefit of a person who is such an enemy as aforesaid all the right, title and interest of any such person as aforesaid:
Provided nevertheless that if in any case the vesting in the Custodian of any such debt or any such right, title or interest as aforesaid would cause a forfeiture or determination of such debt or right, title or interest as aforesaid, then, in any such case, this Order shall not have the effect of vesting the same in the Custodian.
For the purposes of this Order, “enemy” means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order, 1946, as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. 2) Order, 1946, and the Trading with the Enemy (Specified Persons) (Amendment) (No. 3) Order, 1946.
TRADING WITH THE ENEMY (AUTHORISATION) ORDER
[Sections 3 and 8]
Arrangement of Paragraphs
Paragraph
1. Title
2. Trading within certain territories
3. Transfer of annuities, etc.
4. Application
GN 210 of 1946,
GN 497 of 1964.
This Order may be cited as the Trading with the Enemy (Custodian) (Specified Persons) Order.
2. Trading within certain territories
Notwithstanding anything contained in section 3 of the Act, any person, unless the President otherwise directs, may trade within any territory which has at no time been enemy territory (which territory is hereinafter referred to as “the said territory”) with any person to whom this Order applies.
3. Transfer of annuities, etc.
The transfer by or on behalf of any person to whom this Order applies of any annuities, stocks, shares, bonds, debentures or debenture stock registered or inscribed in any register, branch register or other book kept in the Republic which on or after the 6th September, 1946, come into the ownership of any such person as aforesaid, is hereby sanctioned.
This Order applies—
(a) to any individual resident in the said territory; and
(b) as respects any business carried on in the said territory to any individual or body of persons (whether corporate or unincorporated) carrying on that business.
GENERAL NOTE
This booklet contains only the more important subsidiary legislation made under the Trading with the Enemy Act. Reference should be made to the annual bound volumes of Government Notices for full particulars of the numerous Orders made under this Act.{/mprestriction}