CO129-245 - Acting Governor Fleming - 1890 [5-7] — Page 20

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

capital reduced and its constitution altered or the thing wound up.

5th. Because, assuming this again to be a reconstruction ordinance, which it is not, it has been passed through the Council without adequate notice to the public or the shareholders, who are to be found in England as well as in the East, I admit that the rules of Council as to private bills have been complied with, but they are wholly inadequate and in Council, there has been no enquiry whatever into the truth of the statements in the preamble "that it is desirable to authorise the company to transact business elsewhere than in the Colony".

6th. Because, even if it be desirable to extend the powers of the company, the extension sought for is far too wide and unlimited.

7th. Because, as I stated to begin with, the ordinance is in direct violation of the existing Imperial and Local law on the subject of companies, and is, in my opinion, entirely beyond the powers of a local and limited Legislative Assembly like ours. The Imperial Parliament can do what it likes, but with all its powers, it would, I feel certain, never pass such an act as the present ordinance. Colonial Legislatures have really very limited powers and they are expressly forbidden from passing ordinances that run counter to the great lines of English legislation.

For these reasons I humbly ask Your Excellency to disallow the HONGKONG LAND INVESTMENT AND AGENCY COMPANY LIMITED ORDINANCE.

I have &c.

(Signed) J. J. Francis,

Queen's Counsel.

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18 capital reduced and its constitution altered or the thing wound up. 5th. Because, assuming this again to be a reconstruction ordinance, which it is not, it has been passed through the Council without adequate notice to the public or the shareholders, who are to be found in England as well as in the East, I admit that the rules of Council as to private bills have been complied with, but they are wholly inadequate and in Council, there has been no enquiry whatever into the truth of the statements in the preamble "that it is desirable to authorise the company to transact business elsewhere than in the Colony". 6th. Because, even if it be desirable to extend the powers of the company, the extension sought for is far too wide and unlimited. 7th. Because, as I stated to begin with, the ordinance is in direct violation of the existing Imperial and Local law on the subject of companies, and is, in my opinion, entirely beyond the powers of a local and limited Legislative Assembly like ours. The Imperial Parliament can do what it likes, but with all its powers, it would, I feel certain, never pass such an act as the present ordinance. Colonial Legislatures have really very limited powers and they are expressly forbidden from passing ordinances that run counter to the great lines of English legislation. For these reasons I humbly ask Your Excellency to disallow the HONGKONG LAND INVESTMENT AND AGENCY COMPANY LIMITED ORDINANCE. I have &c. (Signed) J. J. Francis, Queen's Counsel.

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18 capital reduced and its constitution altered or the thing wound up. 5th. Because, assuming this again to be a reconstruct- ion ordinance, which it is not, it has been passed through the Council without adequate notice to the public or the shareholders, who are to be found in England as well as in the East, I admit that the rules of Council as to private bills have been complied with, but they are wholy inadequate and in Council, there has been no enquiry whatever into the truth of the statements in the preamble "that it is desir- "able to authorise the company to transact business elsewhere "than in the Colony". 6th. Because, even if it be desirable to extend the powers of the company, the extension sought for is far too wide and unlimited. 7th. Because, as I stated to begin with, the ordinance is in direct violation of the existing Imperial and Local law on the subject of companies, and is, in my opinion, entirely beyond the powers of a local and limited Legisla- tive Assembly like ours. The Imperial Parliament can do what it likes, but with all its powers, it would, I feel certain, never pass such an act as the present ordinance. Colonial Legislatures have really very limitea powers and they are expressly forbidden from passing ordinances that run counter to the great lines of English legislation. For these reasons I humbly ask Your Excell ency to disallow the HONGKONG LAND INVESTMENT AND AGENCY COMPANY LIMITEL ORDINANCE. I have &c. (Signed) J. J. Francis, Queen's Counsel.

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capital reduced and its constitution altered or the thing

wound up.

5th. Because, assuming this again to be a reconstruct-

ion ordinance, which it is not, it has been passed through

the Council without adequate notice to the public or the

shareholders, who are to be found in England as well as in

the East, I admit that the rules of Council as to private

bills have been complied with, but they are wholy inadequate

and in Council, there has been no enquiry whatever into the

truth of the statements in the preamble "that it is desir-

"able to authorise the company to transact business elsewhere

"than in the Colony".

6th. Because, even if it be desirable to extend the

powers of the company, the extension sought for is far too

wide and unlimited.

7th. Because, as I stated to begin with, the ordinance is in direct violation of the existing Imperial and Local

law on the subject of companies, and is, in my opinion,

entirely beyond the powers of a local and limited Legisla-

tive Assembly like ours. The Imperial Parliament can do

what it likes, but with all its powers, it would, I feel

certain, never pass such an act as the present ordinance. Colonial Legislatures have really very limitea powers and they are expressly forbidden from passing ordinances that run counter to the great lines of English legislation.

For these reasons I humbly ask Your

Excell ency to disallow the HONGKONG LAND INVESTMENT AND

AGENCY COMPANY LIMITEL ORDINANCE.

I have &c.

(Signed) J. J. Francis,

Queen's Counsel.

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