Transfer on
motion of Registrar.
Appeals.
Notices to be registered.
478
(b.) Before so determining it shall be lawful for such Registrar to call upon the company for such proof of the correctness of the notice as he may require.
(c) If upon such determination such Registrar is of opinion that the company ought to be transferred from his Register to the Register at Shanghai or to the Register in Hongkong as the case may be he shall order such transfer and shall send all the documents and records filed in his office relating to such company to the Registrar of Com- panies at Shanghai or to the Registrar of Companies res- pectively and shall serve notice of the order on the com- pany, provided that he shall not without the consent of the company post or despatch the documents and record relating thereto until after the expiration of one month from the service of the order on the company,
(4.)(.) The Registrar of Companies may at any time of his own motion, or on the request of the Registrar of Companies at Shanghai, send to any company registered under the Companies Ordinances carrying on business in Hongkong a notice calling on such company to shew to the satisfaction of the Registrar of Companies that it ought not to be transferred to the Register at Shanghai, as being a China Company, and such notice shall fix a date by which such company shall submit its case in writ- ing to the Registrar of Companies.
(b.) If the company fails to shew to the satisfaction of the Registrar of Companies that it ought not to be trans- ferred to the Register at Shanghai, the Registrar of Com- panies shall order such transfer and shall forthwith serve notice of the order on the company, provided that he shall not without the consent of the company send the documents and records to the Register at Shanghai outil after the expiration of one month from the service of the order on the company.
(c.) The Registrar of Companies at Shanghai may at any time of his own motion, or on the request of the Re- gistrar of Companies, send to any company registered under the Companies Ordinances carrying on business within the limits of the China Orders-in-Council a notice calling on such company to shew to the satisfaction of the Registrar of Companies at Shanghai that it ought not to be transferred to the Register in Hongkong, as being a Hongkong China Company, and such notice shall fix a date by which such company shall submit its ease in writing to the Registrar of Companies at Shanghai.
(d.) If any such company fails to shew to the satisfac- tion of the Registrar of Companies at Shanghai that it ought not to be transferred to the Register in Hongkong, the Registrar of Companies at Shanghai shall order such transfer, and shall forthwith serve notice of the order ou the company, provided that he shall not without the con- sent of the company send the documents and records relating thereto to the Register in Hongkong until after the expiration of one month from the service of the order on the company,
(5.)--(a.) If the company concerned, or the Registrar of Companies, or the Registrar of Companies at Shanghai, is dissatisfied with any such order of transfer or determina- tion aforesaid, it shall be lawful for it or him to appeal to the Court.
(6.) Such appeal shall be made by originating summons. (e.) Such originating summons shall be issued within one month after the service of the notice of such transfer or determination on the company concerned, provided that the Court shall have power to extend the time before or after the expiration of the said period of one month.
(d.) If any such appeal is not prosecuted with all due diligence it shall be lawful for the Court to dismiss it.
(e.) Upon such appeal the Court may make such order as may seem to it desirable.
(6.) The Registrar of Companies or the Registrar of Companies at Shanghai shall register any such notice as is referred to in this section given to him by a company.