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holding being that of the Shanghai Municipal Council, and further that this control is exercised through Shanghai directors (including two nominated by the Shanghai Municipal Council) who control and direct the London committee, whose powers and duties are limited to management of the affairs of the company in London. Inasmuch as this committee is acting for the company controlled by an enemy in the shape of the Shanghai Directorate, it would appear that the committee should apply for authority under the Trading with the Enemy Act, 1939, to enable the members of the committee to carry on euch London business as may still be necessary, and r. Eden understands that the Board of Trade would be prepared favourably to entertain such an application.
4.
Finally, i am to draw attention to section 1(5) of the Courts (Emergency Powers) Act, 1939, which provides for an application to the Court in cases where a debtor or company can prove to the satisfaction of the Court having jurisdiction that inability to pay his or its debts is due to circumstances directly or indirectly attributable to any war in which His Majesty is engaged.
I am,
Sir.
Your obedient Servant.
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