47
to the jurisdiction of the Court and having regard to
the duties of secretary he should also be a British
subject.
With regard to the suggestion that the Shanghai
Registrar should keep a register of shareholders, we
would point out that cur present law (Ordinance 16 of
1907, as amended by Ordinance 20 of 1909) (see too clause
35 of the Companies Bill) provides for local registers
in Shanghai of shareholders in companies registered in
Hongkong.
Again the suggestion that the Shanghei Registrar
should keep a list of directors and a copy of the
memorandan end articles is, it is submitted, unnecesćary
inasmuch as such information could readily be obtained
in Shanghai or in any place where a company was carring
on a principal part of its business, or failing that, a
certified copy of the memorandum and articles could
readily be obtained at any time from Hongkong.
We mention these two points because they have a
bearing on the fiscal question as between Hongkong and
Shanghai, as Sir Havilland remarks that an extra salary
might have to be paid to the Shanghai Fegistrer.
With regard to fines and penalties it is submittæ
that they ought to fom part of the Hongkong revenue,
subject to Hongkong reimbursing to Shanghei any extra
expenditure which may be incurred by Shanghai in
pursuance of the proposed Order in Council.
We acquiesce in the suggestion that any amendments
to the Companies Ordinance should not become binding in
China without the sanction of the Secretary of State for
Foreign Affairs.
Tay
6th February 1911.
(sd.) W. Rees Davies
Attorney General.
(ad.) H.E. Pollock
M.L.C., K.C.
(sa) C.G. Alabaster
Barrister at Lew.