SM
menute
6
(6)) prosecute himself if desirable in the rublic
interest;
if he does, the costs are of course horne
by public funds, and Hong Kong doubtless considered
that was as far as it was prepared to go. At the
most, I should be inclined to do no more than presume
that Hong Kong thought sub-section (9) of the
English Act unnecessary.
Section 251.
To amplify my minute to
Mr.Roberts-Wray of 3.2.22, it
should be pointed out to Hong Kong that in English
law the priorities of debts in the case of comronies
in liquidation coincide exactly with those annertain-
ing to ordinary bankruptcies (cf.4 & 5 Geo.V. c.59,
section 33, and 19 & 20 Geo.V. c.27, section 261).
It is regarded as important that the same principles
should be observed in the law of Hong Kong, and it
is requested that section 251 of the Companies
Ordinance and section 38 of the Bankruptcy Ordinance
No.10 of 1931 be examined from this point of view.
actual
The priorities to be conferred is a matter for the
Governor, having regard to local conditions, and the
Secretary of State does not regard it as essential
that the Hong Kong law should confer the same
add
priorities as do the English Acts, and it would,
however, be desirable in any amendment that is
að a minimu
decided upon to ensure that assessed taxes of all
kinds due to the Crown
should have priority
under the provisions of paragraph (e) of sub-section
of the
(1)
relevant sections.
Await F.O. reply.
Cours Home
Holder Bau
11.4.37.