pany in the
nhật the dorihakied of Chin
L
LOSURE 10.2 IN SHANGHA
535
NO.91 OF 28 APRIL, 1920 TU PEKING.
COPY
201
H.B.M. Consulate-Veneral,
18th. Larch, 1920.
1 '
..
nça. Perhaps a still more awiew: situation would arise if the Supreme Court for Chin. were to make a winding up order against a comphy on the Hongkong register for non-compliance with the 1919 Order in Cuncil, and if it were necessary, to enforce within the colony any order qade by the Supreme Court for Chipa in the course of the proceedings, because - it would appear that the Companies Ordinance, 1915;jand. the 1015 urder in youncil, which were expressly made to, come inte force on the same day, contemplated that the · law in the two jurisdictions on the subject-should be identical.
..
5. Then the law in this Golɔny has been altered, so ne to make it agree with the 1919 Order in “ounci), I would suppst that before taking any; sotion, under the 1919 Urder in Council painst any company on the liang- kong regsiter steps should be taken undar, section.4 (4) of the Companies, ürdinance, (1915), to tennafor the note
company to the "hangliai rezister, and li slali of course.je be prepared to send outy a potice to any company at las your request.
gabang TolaL
JAN
6. The Attorney General, asks me to say that: hei takski zwol exception to the action of the solicitors of the finge Un Company (Shanghai) Limited in woling him as having given an opinion on an order in youncil which he had
not seen.
J
%
ķ
I have etc.
4
IDTo Balneað vit to (88) Prike Melbourne t
Híd a lot are yougoudBugistrar of Companies.
Tutałą » quodsneli ma no glinyang Baw The negistrar of Companies,istenest le nea: nu al Dieur
SHANGHAI.
to driando att entego vodnigan isdperk.
Jir,'
I have the honour to acknowledge the receipt of your letter of March 8th. on the subject of the China (Companies) Amendment Order in Council 1919.
With reference to paragraph 3 of your letter I would point out that section 3 of the 1919 úrder provides that "where the Feneral or substantial control is exercised by persone ordinarily resident within the limits of this Order, the Company shall.............be a thins Company within the meaning of The Chine Companies) Vrder in Comcil, 1915." kr. árok der was therefore advisedly informed that the Ving in Company (Shanghai) Limited vas a "hina Company within the meaning of the 1915 Urder, and would have to comply with ite other renuisscents including a majority of British directors resident in China.
As regards the enforcement of the 1919 Crder, I quite appreciate the anomalous position created by the present difference in the company law of the Colony and that governing tritish subjects in China, and it is not my intention to comence any proceedings, which are likely to lead to the situations foreshadowed by you, without previous consultation with the lion,kom authorities. I presure, however, that steps will be takon without delay to bring the Volonial Company legislation into line witn the new order in vouncil since it would not comport with my duty to ignore much longer an Order in Council which, in the part applicable in this case, came into force two
strar of Companies,
and/
ONG KONG.