73/05
SIR,
No. 94B.
(HONG KONG.)
BOARD OF TRADE to FOREIGN OFFICE.
[Registration of Vessels.]
Board of Trade, Marine Department, 7, Whitehall Gardens,
London, S.W., December 16, 1904. In reply to your letter of the 22nd ultimo, respecting the question of the registry of vessels owned by a company composed of Chinese Shareholders and Directors, but registered in Hong Kong, I am directed by the Board of Trade to state, for the infor- mation of the Marquess of Lansdowne, that they concur in the action proposed to be taken in the matter, and to point out that it appears to be in accordance with the opinion expressed by the Law Officers of the Crown in July, 1901, a copy of which is cnclosed.
The enclosures which accompanied your letter are returned.
I have, &c.,
The Under Secretary of State, Foreign Office.
WALTER J. HOWELL;
3
MERCHANT SHIPPING ACT 1894.
Registration of British Ships.
Archipelago Shipping and Trading Company, Limited.
OPINION OF THE LAW OFFICERS OF THE CROWN AND Mr. SUTTON.
1. As regards all companies (shipping or otherwise) established under the Companies' Acts, 1862 to 1890, the question where in His Majesty's dominions" their principal place of business" is situated within the meaning of Section 1 (a) of the Merchant Shipping Act of 1894 is, in our judgment, a question of fact depending upon the facts and circumstances attending each particular case. We are accordingly of opinion that the fact that a Memorandum of Association states that the registered office of the Company will be situated in England is not conclusive on this point, and that the Board are entitled to go behind the statement and consider all the circum- stances of any particular case which may arise.
2. As regards the Archipelago Shipping and Trading Company, Limited, we have considered the papers before us, and are of opinion that its principal place of business is not its registered office in England, but it is situated in Smyrna.
3. We are of opinion that the Board were right in instructing the Consul at Smyrna (notwithstanding the registration of the Company) to refuse a provisional certificate of ownership under Section 22 of the Act of 1894, and that they ought to refuse the registration of the Company as the owners of British Ships.
R. B. FINLAY. EDWARD CARSON. HENRY SUTTON.
Royal Courts of Justice,
July 23, 1901.
25 Wt 16 1/05 D & S
5
20157
PUBLIC RECORD OFFICE
Reference :-
TILLLC.O. 885
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15 PUBLIC RECORD OFFICE, LONDON
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