636
}
unless (inter alia) it is owned by a "body corporate established under and subject" to the Laws of some part of Her Majesty's Dominions and having its principal place of business in those dominions".
The launches which you were asked to register as British fulfil the first part of this qualification, viz: they are owned by a body Corporate established under and subject to the Laws of a part of His Majesty's dominions.
Is the last part of this qualification satisfied? Has the Company, which owns the launches, its principal place of business in the King's Dominions?
This is a question of fact which must be determined according to the circumstances of each particular case. If a Company has a registered Office in Hong-Kong, to which all communications and Notices may be addressed, and does none of its business in such Office, but in other Offices outside of Hong Kong, it cannot be said that the Registered Office is the principal place of business of the Company, and I do not think that such a Company could rightfully claim that a ship owned by it should be registered as a British ship.
Then therefore you are asked to register as a British vessel a ship owned by a Hong Kong Company, you should enquire if the Company's principal place of business is in the King's Dominions. In what place is its business principally carried on? It may turn out in some cases, that the registered Office in Hong Kong, is also the principal place of business, and you would then recognise the ship as British. You may find that the Company has merely an Office in Hong Kong, outside of which hangs a board, and the business is really carried on in some Office outside of Hong Kong, in such case you should refuse to recognise the ship as British.
You must use your own judgment in each particular case, and I quite see that you will have by no means an easy job now and again.
(Signed)
I have, &c.,
W.A.C. Platt,
Acting Crown Advocate.