CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 524

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FUCTORULO

522

driw gai Lesh at talons Jued ass I faldt

wm to someupeaños ni neatus sari fioldw ne

guitaotbal yd asinsqmos Iadenada d‡Iw d

bia,bessorq Bivode noktalatysi dɔldu no ne

migo na 8a9rgze oð aðæðined I .adtw107 fa

adð ni amottætatis beðnøggus a' La^ona)-*

-Teblamos duodtlw on ob ton bisoɔ I as 、0ori

moltsíatyof to evetq valuď tadvozde s

„OŽAJTAĎKu oj q

moljasup odd to yiluaittib Is.isaing on?

NOYİN EDİTilkast Istoëqe on sta AIDAT JAMÍ

•wał groziņnoĦ sđỡ Toh z Tafelger of asina(ĮRODİ

sdt ta xoolo titoetreq aoirisoq alɗd oda

bellao ad TBH TRƠN (Jaengbut yn mi betaalb

bradoA asinsquod e¿ð nobru refolger vam

odź zanoksibaos niatreo Iitivt vasit 18,31 %

to bielt att tevoradi,agealerd Đất

robou te,bnsignï xt "go"beittao* od hívo

-na:2 ni barot netnaqno? .ynoxgnef at

'ynsqanə aşłotot" reddo yns sa tout ‚wai nhi

aad ji sousood (Bugsy Jaɗwonor "no visi

31 darle adæotbal it midianoq at it and

to blow darft goodqaok mi tam aтOJDSTID, TO

"ostasquos tailors B* to tiltativosq eft .|

jads aeoqque od Lasitoang viør át el xon

bas,ob yodd natát vino oẾT .ijibaon sidi

hrim qəzaɗ "oof220 borodalgot* Lankadoet i

adrater yakwollot edt al .imatolt vent od

Tot acusa aktoreg s na *znaquod tade

iedhof (faae efð að miot of entaob ered Oa

(unaqatɔ nglorot to sqp Jaeinsvnos s na tyd

aetnaqmoo saugood,tuoluevnoo as Ilov

beratalger bas berrot noéto org soatqqi

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box Bey

In order to fully appreciate the position,

we must bear in mind that the position of the promoters of a

*Shanghai Company" is entirely different from that of the

promoters of a "Manila company": for these latter have another

law which they can avail themselves of the law of the Phi

-lippines: whereas the former have no company law in China;

therefore the question resolves itself into this - are the

circumstances such as to make it expedient to facilitate the

formation of companies in Shanghai by removing the condition of *carrying on" in the Colony. If this is decided in the negative, then nothing need be done in the way of altering the draft companies ordinance: if it is decided in the positive, then changes will have to be made to introduce what † have

called "special facilities”.

It will be seenthat the minutes of 1907, referred to in the Attorney-General's memorandum, hardly look at the question from this point of view. The main question then considered was the financial effect of "permitting" Shanghai Companies to register in Hongkpng: without an amendment of the law such as is now being considered, there was no question of permitting them to register: it was a question of construction of the law, whether they could register. But, with deference the question now definitely raised, cannot be decided without a reference home to the Foreign Office. The Companies Act has not been extended to China by Order in Council under the Foreign Jurisdiction Act. It is not difficult to see one very potent reason why this has not been done. The Act is drawn so widely, is not put on a national basis (as what I have said with regard te "foreign companies" in my judgment shows,) that to extend

it to China would involve complicated questions of jurisdiction, and could not be made effective unless the Consular Courts had jurisdiction against foreign shareholders, the directors, and creditors. Now this is procisely what any change in the law such as is now contemplated must create, directly or indirectly, if it is to be effective: and therefore the legislation will

forestal