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POLĖS STAW
I was
in accordance with special provisions made theressto.
then urging the advisability of providing for the creation of
British 'China' companies by the establishment of a separate
Companies Registry at Shanghai independent of Hongkong or any
other British Colony.
The decision of the Inter-departmental Conference of
1913 was in the nature of a compromise. The Colonial Authori-
ties could not afford to lose the revenue derived from the incor-
poration and registration of companies, and it was arranged, as
provided in Article 17 of the China (Companies) Order-in-Council.
1915, that:-
"All fees prescribed by or under the Ordinance '(Hong
Kong Companies Ordinance 1911 or any amendment of asme)' or by or under the Life Insurance Ordinance which are paid to the Registrar of Companies at
Shanghai shall be paid by him to the Colonial
Treasurer at Hongkong.
帅
As there can, I think, be no serious question now of a
reversion to the situation prior to the making of the China
Companies Order-in-Council, 1915, as to jurisdiction over 'China'
Companies, I need only say further in regard to paragraphs 1-6
of His Excellency's despatch, under consideration, that it is
only the possibility of prosecution in a local court having
jurisdiction over company officials for their own acts done within its jurisdiction which can keep such officials in reason-
able check.
British directors in 'China' companies now know, especially since the making of the amending Order-in-Council of
1919, that they may have to personally answer for their acts in
China, and that they cannot plead, as they would have done in the
old days, if ever proceeded against, that they had given their
Managers or General Agents, of whatever nationality, strict
instructions to keep within the law, but that these instructions had without their knowledge, and beyond their control, been
disobeyed.
There have been, and I expect there will be, few cases
in which the Crown Advocate, on the instructions of the Registrar
of