CO129-387 - Individuals - 1911 — Page 76

70

Shanghai or elsewhere, by empowering such

outade the Colony.

Companies to keep local registers

Mr

Harcourt is advised that these sections

cannot be regarded as ultra vires in view

a

former

of the opinion of the Law Officers

communicat

Wherein it was

• Poreign Office

the letter of the 8th July 1900

held

thie Department that it was not ultra

vires for the Legislature of Hong Kong

to pass Ordinance No.16 of 1907 enabling whichs contained provisions to be a Co-panies pogistered under the Hong Sirritar Effect

Kong Companies Ordinance of 1805 to keep

local registers of their members outside

tho Colony

Office

3.

This Junion

Withing

communicated to the Foreyn

in the of letter of the 8th July 19 of prom this department

The alternative method of ineer-

porating Companies carrying on business in

Gira would be to establish a Register

of Companies in Shanghai,involving the

creation of Shanghai Companies under

Shanghai jurisdiction to the entire exclu-

Combs.

the

sion of the of Hong Kong Mr Harcourt

would not however be prepared to

recommend the adoption of

assent to this course being taken

/

seeing that in addition to the

legal and practical difficulties

involved, it would entail a

considerable loss of revenue to

the Colony.

4.

On the other hand While therefore,

Mr Harcourt considers that Companies

carrying on business wholly or in

part in Shanghai can and should con-

tinue to be registered in Hong

Kong and that the Hong Kong Court

should have jurisdiction to wind

them up and to possess all the other

powers legally resulting from their

registration in Hong Kong, he

fully recognizes the fact that the

Supreme Court of Shanghai has a rea-

sonable claim to exercise certain

jurisdiction either concurrent or

auxiliary,

world to