-able from every point of view.
138
As to your desire in the event of our differing on the point of jurisdiction to refer the matter to the departments at home I submit that the proposals, as I have already pointed out, are entirely outside the modus vivendi arrived at when we were at home. A reference to the Law Officers would be necessary and must involve delay and I trust that you may see your way to accept in the main my suggestions as to the form which a brief Order-in-Council may take and which were outlined in my minute of 3rd. February, 1912. I have how- -ever no objection to such a reference other than on the score of delay,
which as a matter of fact has little concern for this Colony as the legal position of the Shanghai Companies here is now placed beyond
doubt by the Companies Ordinance of last year.
On the subject of the Registry may I add a few
words to my former minute which I hope may enable you to modify the
view that "we cannot do without the registry which would be a branch of the Hongkong Registry". An office in Shanghai was an essential part of the London Registry scheme as the distance of London from Shanghai was so great, but with the substitution of Hongkong for London the necessity for this office disappears as Hongkong is for all practical purposes as good a centre for the Chinese Coast ports as Shanghai,
while its courts have an International Jurisdiction which gives it a
preference. May not the arguments in support of a separate government
office at Shangai apply with equal force to a demand for separate
offices at Tientsin, Hankow, Swatow, Canton or any other port where
the residents desire to incorporate a local industry? The revenue
accruing to the Colony from these companies is small and I fear that
the multiplication of offices and officials would absorb it all.
On the question of the Amending Ordinance referred to in your last letter (11th. March) I quite agree they ought to be
considered together, and when the terms of the Order-in-Council are
agreed upon the draft Ordinance can be sent home and may be passed here
pari passu with the
enactment of the Order-in-Council.
I am sure you will believe that I am sincerely anxious to eschew all unnecessary controversy, but my alternative
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