CO129-326 - Foreign Office - 1904 — Page 787

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

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783

Company.

No hard and fast line could, in their

judgment, be laid down as to the amount of British

interest which would entitle & Company to British

protection.

In 1901 the Law Officers stated that, as re-

garded all Companies (shipping or otherwise) estab-

lished under the Companies Acts 1862 to 1890 the

question where in His Majesty's dominions "their

principal place of business" was situated within the

meaning of Section 1 (a) of the Merchant Shipping

Act of 1894 was, in their judgment, a question depend-

ing upon the facts and circumstances attending each

particular case. They were accordingly of opinion

that a statement in a Memorandum of Association to

the effect that the registered Office of the Company

would be situated in England was not conclusive on

that point, and that the Board of Trade were entitled

to go behind such statement and to consider all the

circumstances of any particular case which might

arise.

The evidence in the case reported by the Acting

British Consul at Swatow clearly proves that the

principal

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& : 783 Company. No hard and fast line could, in their judgment, be laid down as to the amount of British interest which would entitle & Company to British protection. In 1901 the Law Officers stated that, as re- garded all Companies (shipping or otherwise) estab- lished under the Companies Acts 1862 to 1890 the question where in His Majesty's dominions "their principal place of business" was situated within the meaning of Section 1 (a) of the Merchant Shipping Act of 1894 was, in their judgment, a question depend- ing upon the facts and circumstances attending each particular case. They were accordingly of opinion that a statement in a Memorandum of Association to the effect that the registered Office of the Company would be situated in England was not conclusive on that point, and that the Board of Trade were entitled to go behind such statement and to consider all the circumstances of any particular case which might arise. The evidence in the case reported by the Acting British Consul at Swatow clearly proves that the principal

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& : 783 Company. No hard and fast line could, in their judgment, be laid down as to the amount of British interest which would entitle & Company to British protection. In 1901 the Law Officers stated that, as re- garded all Companies (shipping or otherwise) estab- lished under the Companios Acte 1862 to 1890 the question where in His Majesty's dominions "their principal place of business" was situated within the meaning of Section 1 (a) of the Merchant Shipping Act of 1894 was, in their judgment, a question depend- ing upon the facte and circumstances attending each particular case. They were accordingly of opinion that a statement in a Memorandum of Association to the effect that the registered Office of the Company would be situated in England was not conclusive on that point, and that the Board of Trade were entitled to go behind auch statement and to consider all the circumstances of any particular case which might arise. The evidence in the case reported by the Acting British Consul at Swatow clearly proves that the principal

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