CO129-383 - Public Offices - 1911 — Page 48

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to the jurisdiction of the Court and having regard to

the duties of secretary he should also be a British

subject.

With regard to the suggestion that the Shanghai

Registrar should keep a register of shareholders, we

would point out that cur present law (Ordinance 16 of

1907, as amended by Ordinance 20 of 1909) (see too clause

35 of the Companies Bill) provides for local registers

in Shanghai of shareholders in companies registered in

Hongkong.

Again the suggestion that the Shanghei Registrar

should keep a list of directors and a copy of the

memorandan end articles is, it is submitted, unnecesćary

inasmuch as such information could readily be obtained

in Shanghai or in any place where a company was carring

on a principal part of its business, or failing that, a

certified copy of the memorandum and articles could

readily be obtained at any time from Hongkong.

We mention these two points because they have a

bearing on the fiscal question as between Hongkong and

Shanghai, as Sir Havilland remarks that an extra salary

might have to be paid to the Shanghai Fegistrer.

With regard to fines and penalties it is submittæ

that they ought to fom part of the Hongkong revenue,

subject to Hongkong reimbursing to Shanghei any extra

expenditure which may be incurred by Shanghai in

pursuance of the proposed Order in Council.

We acquiesce in the suggestion that any amendments

to the Companies Ordinance should not become binding in

China without the sanction of the Secretary of State for

Foreign Affairs.

Tay

6th February 1911.

(sd.) W. Rees Davies

Attorney General.

(ad.) H.E. Pollock

M.L.C., K.C.

(sa) C.G. Alabaster

Barrister at Lew.