CO129-379 - Governor Sir Lugard - 1911 [8-9] — Page 112

{

OP Y.

Sir,

108

Hongkong, (9th August, 1911.

30872

Rece

Shanghai Tannery Company, Limited 2 and Reduced.

The above Company, which is a Company limited by shares carrying on business in Shanghai and registered in this Colony under the Companies Ordinance, with its Registered Office situate at Victoria here, on the 28th. day of June, 1911, at an Extraordinary General Meeting passed a Special Resolution for the reduction of its capital, which Resolution was duly confirm- -ed at a Second Extraordinary General Meeting on the 13th. day of July, 1910.

As Solicitors in this Colony for the Company, we received instructions from the Company to apply for an Order confirming the reduction. as required by the Companies Ordinance, we accordingly filed the necessary Petition and other papers and issued the necessary Summons for obtaining directions as to settling the list of Creditors.

On attending before the Chief Justice, however, he stated that he had no jurisdiction in the matter, having regard to the fact that the Company did not carry on business here and referred us to his judgment in re The Dallas Horse Repository Company, Limited, which he delivered in October last.

We understand the Government are proposing to pass an amended Ordinance getting over the points raised by the. Chief Justice, and we have the honour to request that you with kindly let us know if this is so, and if so when such Ordinance'is like- -ly to be passed, as we wish to advise our clients so that they may consider their position.

You will,, we feel sure, appreciate the awkward and annoying position our clients are now placed in, namely, that although they are registered under the Companies Ordinance here and keep their registered office here and pay fees to the Govern- -ment, they cannot obtain Orders to which they are entitled under the Ordinance, and which they must obtain under the Ordinance

before