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TIBUIST AİDƏ
Further Memorandum of the Attorney-General, Mr. H. E.
Pollock, K.C., and Mr. C. G. Alabaster.
1.
..
335
Manila Companies do not affect our position
with regard to Shanghai, and will be unaffected by the suggested Order in Council. It was apparently decided in 1907 that they should be allowed to register here, see the A.G.'s minute of 8th. November, 1910. It appears from the Chief Justice's Judgment that we cannot register them unless we give ourselves express power to do so. This can be done without difficulty if it is still
desired to have them. As has been pointed out (see p. 2 of the
Chief Justice's minute of 17th. November, 1910, attached to the
file) in the case of Manila Companies, the insufficient control
of the Hongkong Courts is compensated for by a more or less ef- -fective control by the Philippne Courts.
2.
As regards Shanghai Companies we venture to
submit that it would be waste of time to draft amendments to the
Companies Bill before some definite decision has been given by the
Home Authorities upon the principles at issue and as to the powers
which are to be conferred by the Shanghai Order in Council.
We are merely contending for the application
of the broad general principle that each Court should exercise its own natural jurisdiction, and that, inasmuch as the Companies in question are registered in Hongkong, every application affecting the register falls naturally within the Jurisdiction of the Hongkong
Court.
It is only quite recently that wr. Bourne has
decided that the Shanghai Court has Jurisdiction to wind up a Hongkong Companies, and he is stated to have so decided under section 268 of the Companies Consolódation Act of 1908, on the
Eround that the Company was not registered within the meaning of section 267 of that Act. It is submitted, however, with defer- -ence that that decision is erroneous, because section 268 (1) (i) clearly includes only those Companies which have a principal place
formed enclosure to desp. 405
of 27/11./10.
of