The Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Japan) Order 1950

Made: 6th January 1950

The Treasury, in pursuance of the powers conferred upon them by Section 4 of the Trading with the Enemy Act, 1939 (hereinafter referred as “the Act”) (which renders ineffective, except with the sanction of the Treasury, the transfer by or on behalf of enemies of negotiable instruments and choses in action) and of all other powers enabling them in that behalf, hereby make the following Order.

1

The Treasury do hereby sanction

• (a) any assignment of a chose in action which, on or after the date of this Order, comes into the ownership of an authority or a person to whom this Order applies,

• (b) any transfer of a negotiable instrument issued on or after that date, and

• (c) any transfer of any security transferable by delivery, not being a bond, a coupon or a negotiable instrument, which on or after that date comes into the ownership of an authority or person to whom this Order applies,

2

This Order shall apply,

• (a) to any Government, public or other authority in Japan,

• (b) to any individual resident in Japan,

• (c) as respects any business carried on in Japan to any individual or body of persons (whether corporate or unincorporate) carrying on that business.

3

For the purpose of this Order “Japan” means all territory which was under Japanese sovereignty on 7th December, 1941.

4

In the application of this Order to Scotland “chose in action” means “right of action or incorporeal moveable”.

5

The Orders specified in the schedule hereto are hereby revoked.

6

• (1) This Order may be cited as the Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Japan) Order, 1950.

• (2) The Interpretation Act, 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

SCHEDULE

The Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Japan) Order, 1947[^f00002].

The Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Japan) Order, 1948[^f00003].

Signed

On behalf of the Treasury,

H. Brittain — Third Secretary — Dated this sixth day of January, 1950

Explanatory note

EXPLANATORY NOTE

By an Order dated 6th January, 1950 (S.I. 1950, No. 30) the Board of Trade have amended the Trading with the Enemy (Custodian) Order so that its provisions cease to apply to money remitted to persons specified in the Order on or after 6th January, 1950, within the authority given therein. This present Treasury Order sanctions transfers and assignment of choses in action, negotiable instruments and certain securities transferable by delivery which may be made to such persons on or after the date of this Order.

Footnotes

[^f00001]: P. 1146 above

[^f00002]: I, p. 2184.

[^f00003]: I, p. 4372.