177
137
(4) If the company concerned, or the registrar Appeals. of companies, at Hong Kong or Shanghai, is dissatis- fied with any such order of transfer or determination aforesaid, it shall be lawful for it or him to appeal to the court.
Such appeal shall be made by originating sum-
mons.
Such originating summons shall be issued within one month after the service of the notice of such transfer or determination on the company concerned: Provided that the court shall have power to extend the time before or after the expiration of the said period of one month.
If any such appeal is not prosecuted with all due diligence, it shall be lawful for the court to dismiss it.
Upon such appeal the court may nake such order as may seem to it desirable.
(5) The registrar of companies or the registrar of Notices to be companies at Shanghai shall register any such notice registered. as is referred to in this section given to him by a company.
351.-(1) In all matters relating to a Hong Kong Jurisdiction
of Hong China company, the jurisdiction of the court and the Kong Court jurisdiction of the Supreme Court for China shall be and Supreme concurrent and the said two courts shall in all respects Court for be auxiliary to each other.
China in matters
relating to Hong Kong China Com- panies.
(2) Where any proceeding relating to a Hong Kong Transfer of such proceedings China company, or for the winding-up of any relating to company, are commenced in the court and it appears Hong Kong that the principal part of such company's business China Com- is carried on within the limits of the China Orders panies. in Council, or that for any other reason such pro- ceedings might conveniently be carried on within the limits of the said Orders in Council, the court may, of its own motion, or on the application of any party, make an order transferring the proceedings to the Supreme Court for China.
Supreme
(3) The court shali enforce within the Colony any Enforcement order or decree made by the Supreme Court for China in Colony in the course of any proceedings relating to a China of order of company or to a Hong Kong China company or for Court for the winding-up of any such company in the same China. manner as if such order or decree had been made by the court.
352.-(1) An instrument of transfer of a share in Stamp a China company shall be exempt from stamp duty.
duties or transfers of shares.
(2) No probate duty or estate duty shall be payable Probate and in respect of the share or other interest of a deceased estate duty. member of a China company in such company.
annual fee.
(3) In lieu of the aforesaid duties, an annual fee China com- for each calendar year at the rate of four cents for panies to each hundred dollars of the paid up capital of the pay an company shall be paid in Hong Kong currency in advance by every China company to the Colonial Treasurer of Hong Kong on or before the 31st day of January in each year: Provided that where a company is placed on the register at Shanghai after the 1st day of January in any given calendar year a proportionate part only of the said fee shall be payable in respect of the period from the date of it being so placed on the register at Shanghai to the 31st day of December next following.
Amen?add 29/33