474

[This Document is the Property of His Britannic Majesty's Government.]

CONFIDENTIAL.

C. 0.

TO 18 JUL 124

DRAFT COMPANIES ORDER IN COUNCIL

Preamble

(Prepared by Sir H. W. de Sausmarez.)

WHEREAS a large number of British joint stock companies registered in Hong Kong, as well as in other parts of His Majesty's dominions, have established places of business, or are carry- ing on business within the limits of the Principal Order;

And whereas it is advisable to provide for the exercise of the jurisdiction of His Majesty in China over such companies;

And whereas by "The Companies Ordinance, 1911," as amended by "The Companies Ordinance, 1912," of the colony of Hong Kong, it is provided that the governor of the colony may direct that a register of companies registered in Hong Kong be kept in Shanghai, and may appoint a deputy registrar of companies with an office in Shanghai:

Now, therefore, &c.

It seems desirable to note the fact we are specially legislating for British companies in China, both gene rally as well as for companies registered in Hong Kong, and to emphasise the point that there is to be a regis- trar of companies, and a register in Shanghai.

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For all purposes, ie, for the information of the pro- British officials, as well as the mercantile community, it is advisable that that register should be as complete as possible. It will have three branches:---

1. China companies, for which it will be the principal register. In the office of the deputy registrar in Shanghai they will transact all their business and will file or register all documents in duplicate, one copy being for transmission to Hong Kong. This must be provided for in an amending Ordinance which I have recited.

2. Hong Kong companies other than China companies doing business in China. These must let Shaoghai a copy of the information they give to the registrar in Hong Kong. In return they have the special privilege of not being regarded as "unregistered companies as our Courts have so far perforce regarded them; and sec article 8.

3. Other

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British companies which (companies

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