CO129-395 - Public Offices - 1912 — Page 202

CO 11675

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it appears desirable that these companies should not

be allowed to be incorporated as companies limited

by guarantee or as unlimited companies.

Sir H. de Sausmarez suggested in his despatch

of the 15th January 1912 that the analogy of England

and Scotland should be followed in applying the pro-

visions of the Hongkong Ordinance to Shanghai companies,

(15b66)

2).

but I am to point out that none of the winding-up

provisions of the Companies (Winding-up) Act, 1890,

(which were incorporated in the Companies (Consolida-

tion) Act, 1908) apply to Scotland. These provisions

are included in the Hongkong Ordinance, and there

seems to be no reason why they should not be applied

to Shanghai companies.

i

Paraphrase of Telegram from Sir H. de Sausmarez, Shanghai,

200

dated April 18th, 1912.

I have received a copy of a despatch dated March 13th

from the Board of Trade.

Objection is felt by Government of Hongkong to a

branch register being established, and to anything more than

the bringing of China companies under the co-ordinate

The second objection is jurisdiction of Shanghai Court.

open to discussion, but the first is vital.

Please inform me by telegraph, as the matter is pressing,

whether Hong Kong could be instructed to give way regarding

register.

Subject to these observations, it appears to

the Board of Trade that the proposed scheme is prac-

ticable, and I am to forward a memorandum dealing

with other points on which some alteration of the

Hongkong Ordinance in its application to Shanghai

companies appears to be necessary in order to give

effect to the proposal.

I have &c.,

(Signed)

R.C. Heron Maxwell.