COFY
Memorandum on question raised by ir.
527
W. B. Kennett British Legal Adviser
to The British American Tobacco Co.
Ltd. as to the applicability to that
Company, incorporated in Great Britain, but carrying on a considerable business
in China, of the general provisions of
the China (Companies) order in council
1915 applying to British Companies
carrying on business in China the ap-
propriate provisions of the Hongkong
Companies ordinance 1911 and Amending
Ürdinances.
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The question to be settled, put shortly. is
whether the British American Tobacco Co. Limited
as trading in China have to carry out only the
provisions of Part IX of the Hongkong Companies
Ordinance of 1911 or whether the Company is subject
to the general provisions of the China (Companies)
Order in Council.
The China (Companies) urder in Council pro-
vides that "British Company" means "a Company in-
corporated in the United Kingdom, or in a ritish Possession, and includes a China Company and a
Hongkong China Company". The Hongkong Companies
defines a British Con Ordinance No.31 of 18pany in the same words: Articl
the china (Companies)
Grder in Council 1915 provides as follows:- *15-(1)
Subject to the provisions of this order, the Juris-
diction of the Court in respect of all ritish
Companies