supe to Young 2.
sparc)
25
-No. 739.
Copied to B.A. Shanghai. No. 37.
GOVERNMENT HOUSE,
HONG KONG.
1st October, 1938.
Sir,
hag
I have the honour to transmit the enclosed
copy of a letter received by this Government from a
local firm of solicitors.
2.
It is not clear what exact political
significance the term "Chinese Government of the
Province of Fukien" possesses but on the assumption
that it represents a foreign government as generally
understood, it appears that if the Provincial Bank of
Fukien sets up business in this Colony, it will be
entitled to claim the immunity at present enjoyed by
semi-governmental corporations by which it is not liable
to process in the local courts unless it expressly
waives that immunity.
3.
It appears from the solicitor's letter that
the Bank does not possess the chief characteristic of
a company, namely, the association of a number of
individuals for some common purpose, and, therefore,
cannot be registered under the ordinary law relating
to companies.
4.
It has been suggested that voluntary
incorporation might offer a solution but such action
does not appear to be acceptable to the Bank in question.
THE RIGHT HONOURABLE
MALCOLM MACDONALD, M.P.,
&C.,
&C., &C.