CO129-375 - Governor Sir Lugard - 1911 [1-2] — Page 344

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TIBUIST AİDƏ

Further Memorandum of the Attorney-General, Mr. H. E.

Pollock, K.C., and Mr. C. G. Alabaster.

1.

..

335

Manila Companies do not affect our position

with regard to Shanghai, and will be unaffected by the suggested Order in Council. It was apparently decided in 1907 that they should be allowed to register here, see the A.G.'s minute of 8th. November, 1910. It appears from the Chief Justice's Judgment that we cannot register them unless we give ourselves express power to do so. This can be done without difficulty if it is still

desired to have them. As has been pointed out (see p. 2 of the

Chief Justice's minute of 17th. November, 1910, attached to the

file) in the case of Manila Companies, the insufficient control

of the Hongkong Courts is compensated for by a more or less ef- -fective control by the Philippne Courts.

2.

As regards Shanghai Companies we venture to

submit that it would be waste of time to draft amendments to the

Companies Bill before some definite decision has been given by the

Home Authorities upon the principles at issue and as to the powers

which are to be conferred by the Shanghai Order in Council.

We are merely contending for the application

of the broad general principle that each Court should exercise its own natural jurisdiction, and that, inasmuch as the Companies in question are registered in Hongkong, every application affecting the register falls naturally within the Jurisdiction of the Hongkong

Court.

It is only quite recently that wr. Bourne has

decided that the Shanghai Court has Jurisdiction to wind up a Hongkong Companies, and he is stated to have so decided under section 268 of the Companies Consolódation Act of 1908, on the

Eround that the Company was not registered within the meaning of section 267 of that Act. It is submitted, however, with defer- -ence that that decision is erroneous, because section 268 (1) (i) clearly includes only those Companies which have a principal place

formed enclosure to desp. 405

of 27/11./10.

of