CO129-118 - Public Offices - 1866 — Page 214

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Bank, or to the grant of a special favor. And in reference to this application, though the case is not exactly parallel, may be cited in favor of it. The Bank claims, in the absence of any local legislation to the contrary, the right of issuing notes under the powers of the Companies Act of 1862 (Imperial).

My Lords, there are no cases in which the circulations of notes in respect of which the Public have got the same security as in the case of those issued by Chartered Banks.

As regards the offer of the Bank to subject itself to the same rules and restrictions as Chartered Banks, I am to state that it appears from the opinion of the Law Officers in the case of "the Trinidad Ordinance granting to the International Bank (Limited) the powers and privileges of an Incorporated Company in the Island of Trinidad" that where a local legislature may, for the purpose of protecting local interests, impose by Ordinance a liability on Shareholders inconsistent with the conditions of their Association under the Imperial Act, such liability is inoperative.

It is obvious, therefore, that if the power of a local Ordinance is thus restricted, a voluntary offer made by a Bank to submit to Regulations which cannot be enforced against it, is futile for a Colonial Government to accept, and a more imperative necessity is thus imposed on a Colonial Government such as Hong Kong to protect itself by enactment against a General, not a particular, risk.

In the reply to this Letter the following Number should be quoted: 211.

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Bank, or to the grant of a special favor. And in reference to this application, though the case is not exactly parallel, may be cited in favor of it. The Bank claims, in the absence of any local legislation to the contrary, the right of issuing notes under the powers of the Companies Act of 1862 (Imperial). My Lords, there are no cases in which the circulations of notes in respect of which the Public have got the same security as in the case of those issued by Chartered Banks. As regards the offer of the Bank to subject itself to the same rules and restrictions as Chartered Banks, I am to state that it appears from the opinion of the Law Officers in the case of "the Trinidad Ordinance granting to the International Bank (Limited) the powers and privileges of an Incorporated Company in the Island of Trinidad" that where a local legislature may, for the purpose of protecting local interests, impose by Ordinance a liability on Shareholders inconsistent with the conditions of their Association under the Imperial Act, such liability is inoperative. It is obvious, therefore, that if the power of a local Ordinance is thus restricted, a voluntary offer made by a Bank to submit to Regulations which cannot be enforced against it, is futile for a Colonial Government to accept, and a more imperative necessity is thus imposed on a Colonial Government such as Hong Kong to protect itself by enactment against a General, not a particular, risk. In the reply to this Letter the following Number should be quoted: 211.
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Bank, or to the grant of a chicial it's favor. And in Ordinance ii its favo reference to this application, though the case is not exactly parallel, masnime to a o The Bank clannis, in the absence of any local legislation to the Contrary, the right of essering notes under the powers không bong of 1 The Compamis Act of 1862 (Taupenal). My lords sce E them any 01 casow Zivilego for conceding wheburtt apist the circulations of notes in respect of which the Public have got the same nutes asin sameignar днага case of the of those issued by Banhs. the The Chartered As regards the offer of the Bank to subject itself to the same rules and restrictione as Ne Chartered Banks. Jam to state that it appears from the opinnow of the Law Officers inn the case of " the Trinidad Ordinance forgiving to the International Ban /h (hinted) In the reply to this Letter the following Number should be quoted. the powers and frivileges of Incorporated Company in the Feland of Trimdad" that where local legislature may, a 211 a mein of protecting local interests, compo Particular. in any Karlien (ar mstance, by Ordinance, a liability ow Shareholders. mconsistent with the conditions of their Apociation under the Imfinal Act such liability is inoperative, It is obvious therefore, that; if the power of a local Ordinance is sturs restricted, a voluntary offer made by a Bank to submet to Regulations which cannot be enforced agamot it, is ? is futile for a one whichit one Colonial Government to accept, and a more imperative is thus imposed necessity Cu Colonial Government such as Hong bong to protect itself by lenactment ag A General & not the the
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Bank, or to the grant of a chicial

it's favor. And in

Ordinance ii its favo

reference to this application,

though the case is not exactly parallel, masnime to a o

The

Bank clannis, in the absence of

any

local legislation to the

Contrary,

the right of essering notes under the powers

không bong

of

1

The Compamis Act of 1862 (Taupenal).

My lords

sce

E them any

01 casow

Zivilego

for conceding

wheburtt

apist the circulations of notes in respect of which the Public have

got the same

nutes asin

sameignar

днага

case of the

of those issued by

Banhs.

the

The Chartered

As regards the offer of the

Bank to subject itself to the same

rules and restrictione as

Ne

Chartered Banks. Jam to state that it appears from the opinnow

of the Law Officers

inn the case of

"

the Trinidad Ordinance forgiving to the International Ban /h (hinted)

In the reply to this Letter the following Number should be quoted.

the powers and frivileges of Incorporated Company in the Feland of Trimdad" that where local legislature

may,

a

211

a

mein

of protecting local interests, compo

Particular. in any Karlien (ar mstance, by Ordinance, a liability ow Shareholders. mconsistent with the conditions of their Apociation under the Imfinal Act

such liability

is inoperative,

It is obvious therefore, that;

if

the power of a local Ordinance is sturs restricted, a voluntary offer made by

a Bank to submet to

Regulations which cannot be

enforced agamot it, is

?

is futile for

a

one whichit

one

Colonial Government

to accept, and a more imperative

is thus imposed

necessity

Cu

Colonial Government such as

Hong bong to protect itself by

lenactment ag

A General &

not

the

the

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