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318
C.O
REC
51001
REG 17 OCT 17
Clause (2) is an amendment to the definition of "British Company" in the Order and has been suggested by the case of Messrs J.Wattie and Company on the subject of whom correspondence has already passed between this Department and the Board of Trade. The real control of Messrs Wattle and Company's business is vested in their Shanghai director and the business operations of the Company are directed from there, but relying on the clause in their Articles of Association which vests the control
of the Company in the Board of Directors in London, Messrs Wattle are endeavouring to repudiate the status of a "China Company" and the obligations it entails. As the definition of "British Company" is at present worded in the Order it is doubtful what view would be taken in judicial proceedings of the Company's status and it is therefore desirable that the Order should be amended so as to leave no doubt on this point.
I am therefore directed by Mr.Secretary Balfour to communicate to you the draft amendments attached hereto for the information of His Majesty's Secretary of State for the Colonies and to express the hope that he will be able to see his way to concur in the proposed reconvocation of the Committee and to authorise a Representative to consider the adoption of some such clauses as those
suggested.
I am,
Sir
Your most obedient,
humble Servant,
WRanchy