Company registered under the Hongkong Ordinance of 1865 is absolutely subject to the creation of the Hongkong Legislature.
On registration, the members of the Company - previously a number of individual persons - become, for the purposes of the memorandum and articles of association, a corporate body with perpetual succession.
It is required to have a registered office within the Colony and therefore it must have within the jurisdiction of the Courts some legally recognised servants and property.
Surely the Hongkong Legislature can lay down conditions it pleases. It can enforce them by action within the Colony, perhaps - though the Privy Council judgement in Ashburton for Canada & Gilhula shows some tendency to relax the absolute strictness of the rule against extraterritorial action - but it does lay down what must be done by the Company within or without the Colony to obtain recognition of the Hongkong Court's corporate body.
Just as it can document what is to be done within the territory, so too transactions to be done and finished outside this territory are to be authenticated abroad before they will be recognised in the Hongkong Courts.
See letter from F.O. for observations, dated 10.3, from Cox, para. 17/3.
I still doubt. The point on which we wires 52 was not put in detail to the BoT, and it would appear from these documents on stamp duty, Sec 4(8) that they do not appreciate the difference between the products of the Imperial Parliament and those of the local legislature, and that they have not considered whether it is competent for the latter to pass such an Enactment as Order 8b of 1907.
It is of course within the competence of the legislature to pass an Act in the shape of the Act of 1883.
I think that this question should be elaborated in sending the order to the F.O.
JJR. 18/3.
Page 52
а
Company registered under the Hongkong
Orgue of 1865 is absolutely
1865م ميمو
the Hongkong Legislature
à creation of
On registration
the members of the Company - previously number of indundual persons - become, for the purposes of the memorandum artides of association,
вобу
corporate with perpetual successio
a
Comme
land.
seal spower
It is required to have d
§22
to hold
Ofe
a
registerd
office within the Colony and therefore it
must have within the jurisdiction of the
✔
ong
Courto
Lea
any
some
legally
servants property. return for the gift of Surely in the Hongkong Legislative can
conditions it pleases. It ot enforce them by action outside olony perhaps - though the Privy ail judgement in Atthen for Canada Cain & Gilhula shows
some
Lendency to
relax the absolute strictness of the mile against extratemtonal action - but it
сам
lay down what must be done by the Company within
in or dep
GY
without the Colony
to obtain
You
retain the
recognition of the Hongkong Court's
corporate body, just
does lay down what how
amo
a
it can document
a
28245
06 Ca
* This was to
ther
action comment within the territor The that providi transactions to bo
and finished out
this territory
propand abroad is to be authenticated abroad befor it will be recognised in the Stongkong Courts
Ses of ato F.O for observations
husentes 10.3
hur Cox
a.l. 17/3
I still doubt. The point on to withres wires
52
not put in retaid to the Boft, and it wot appear fram
*
these dooms on stamp duty
WA
Ssc 4(8) that they do not apparecinti the difference between the promacts of the Unferial Parliament and those of the It.. hepistatur & that then than not considered whether it is competant for
the lathe to pass such an Enactment as oder ob of 1907
which w
it
A
Is of course within the competence of
the foomes to pass in the shape of the Act of 1883.
I think that this question she be
alaborated in sending the orde
to the to.
the
JJR.
18/3
ночь
with
proposed
Ifternoon to accadesh
Atone
Ар
Les
3
eas
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