Cap. 132 Art. 4Offences.

(1) If any person who -

(a) is prohibited by or under an order made under the preceding section from dealing with any German enemy property otherwise than with the consent of the administrator, or

(b) is required by or under such order to transfer German enemy property to the administrator or otherwise to deal with that property in accordance with the directions of the administrator, contravenes or fails to comply with the prohibition or requirement, he shall be guilty of an offence under this section.

(2) Any person who -

(a) without reasonable excuse, fails to comply with any requirement made by or under any such order to furnish information or to produce books or documents, or

(b) in giving information for the purpose of any such order

*Omitted both in the 1942 Revised Edition and in this Revised Edition since it was war legislation of a temporary nature.

(3) Any person who is guilty of an offence under this section shall be liable -

(a) on conviction by the Court of Magistrates sitting as a court of criminal judicature to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine; or

(b) on conviction on indictment to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a term not exceeding two years or to both such imprisonment and such fine.

(4) Where any offence under this section has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(5) Before criminal proceedings in respect of an offence under this section are initiated, the Attorney General may direct -

(a) that the proceedings be instituted before a Court of Magistrates sitting as a court of criminal inquiry, and, on the record of the inquiry having been sent to the Attorney General by the said court, the Attorney General may either file in the Criminal Court an indictment against the accused person or refer the case back for trial on the same records by the same Court of Magistrates sitting as a court of criminal judicature; or

(b) that the proceedings be instituted before a Court of Magistrates sitting as a court of criminal judicature; but at any time in the course of the proceedings before sentence is passed, he may request that the person accused be tried on indictment by the Criminal Court and, on such request being made, the Court of Magistrates shall continue the proceedings as a court of criminal inquiry for the trial of the offence charged by the Criminal Court.

(6) Without prejudice to the provisions contained in subsection

(5) of this section, any applicable provision of the Criminal Code shall apply in respect of offences under this section.