81
gaxut of oruń Litw 10
136
cle
10
.26
5.
19
thereof)"und the operations of which are dirested and controlled from some place within the limits of the Ordeɣ"- (the China(Companies) Order in Council, 1919).
The chinu (Companies) «men-iment Order in Comail, 1919, made after the necessity for further and bettaz control of China Companies had been proved by experience, more striatly de- fined the stutus of a 'China' oospuny by Article 3 thereof,
which is ua followe: –
the
"where the general or substantiul control of the
business of a company incorporated under the Ordinance is exexained by a person or perBONG ordinarily resident within the limits of this Order, auch company ghuli, irrespective of the place ut which the Board of Directora may ucet, or of any other oirowautɑness, be deemed to be & Company of hich the operationu aze dire sted and controlled from ∞ place within the limits of this úzász und shall be a Shina Jompany within the meaning of The China (Companisa) order in Council 191".
In porograph 9 of His lixoellensy's despatok he deplores
asota that ps he understands,"ao benne is provided by which China Companies can obtain a judicial decision as to their stutus in a matter which must often be a difficult question ef fat,- I understund from the whole of the despatch under consideration thus His Axoellency considers that the judicial decision of any quaation affecting companies incorporated under the llongkong Companies Ordinɑnos including 'China Companies' should be obtainable in the Jupreme Court of longkong.
üven
if the matter of the most convenient tribuml for the decision #2 questions «fïsating the stutus,and limbilities, of a Chinu Company maze andez consideration for the first time it would, surely, be considered that on questions of hot such us whether, or no,the pubstutish wontrol of the business of; & company is exercised by a person or parwona ozdinarily revident in chins, the Court best able to deui effcatively with the m-tter would be
H.H, Jupreme Jourt for Chim,