Contents of Section

Chapter:

346 PDFTitle:TRADING WITH THE ENEMY ORDINANCEGazette Number:
Section:12Heading:Offences by corporationsVersion Date:30/06/1997

(1) Where any offence under this Ordinance, committed by a body corporate, is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
(2) For the purposes of this Ordinance, a person shall be deemed to be a director of a body corporate if he occupies in relation thereto the position of a director, by whatever name called; and, for the purposes of the provisions of this Ordinance relating to offences by bodies corporate, a person shall be deemed to be a director of a body corporate if he is a person in accordance with whose directions or instructions the directors of that body act:
Provided that a person shall not, by reason only that the directors of a body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

[cf. 1939 c. 89 s. 10 U.K.]