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95
writing to the Registrar of Companies at Shanghai on the 8th of
March last with special reference to the Wing On (Shanghai)
Limited, which on the facts stated in previous correspondence he
was convinced was now a 'China' Company, suggested that, as
unfortunately the Hongkong Companies Ordinances had not yet been brought into accord with the China (Companies) Amendment Order-in
-Council, 1919, it would we auvisable to defer taking any proceed.
ings under the 1919 Order-in-Council against any Company on the Hongkong Register until the law in the Colony had been altered
so as to make it agree with the Order-in-Council.
I had the honour to concur in the suggestion as to the
necessity of amending the Hongkong Companies Ordinances 1915 so as to incorporate in that Ordina...ce au audition to the definition
of a 'China Company' in the terms of the new Order-in-Council of
1919, and you so informed the Registrar at Hongkong. It has not yet been found necessary to take proceedings against any 'China Company under Article 4 of the new Order-in-Council. All com- panies affected thereby have been so well advised as to comply or
take steps to comply therewith.
On the necessary amendment in the definition in uae
Hongkong Ordinance of a 'China Company' being made, the possibili-
ty, referred to by the Registrar at Hongkong in his despatch of
the 8th of March, above referred to, of the Supreme Court of Hongkong holding that a company, which the Court here had on the
Order-in-Council of 1919 held to be a China Company, was, in
accordance with the definition of the Ordinance of 1915, not a
China Company, would be obviated.
Assuming that in spite of delays in so doing, the
Hongkong Company law will be amended so as to agree with the new
Order-in-Council of 1919, there should then be no difficulty in
deciding the status of a Company carrying on business in China and also in Hongkong: the fact to be decided will be whether or
not the substantial control of the business of the Company in
China is exercised by persons ordinarily resident in China. If
the business in China is so controlled, the Company even if also
carrying