CO129-423 - Governor Sir May - 1915 [7-8] — Page 317

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

St

— 6 —

the word "Colony" in the second line of the first proviso to sub-section (1) thereof; (d) by the insertion of the wards "er, in the case of & Chinos Company, have been received in Shanghai," after the word "Colony" in the ninth line of the first proviso to sub-section (1) thereof. (e) by the insertion of the words "or where, in the ease of a China Company, the mortgage or charge is created within the limits of the China Orders-in-Council but comprises property outside the limits of the China Orders-in-Council," after the word "Colony" in the second line of the second proviso to sub-section (1) thereof. (12.) In section 110 by the addition of the follow- Amendment

of section ing paragraph to unb-section (1) thereof;—

110.

(iv.) In the case of any company "on the application of the Registrar

of Companies or of the Registrar "of Companies at Shanghai.”

of section

113.

(13.) In section 113, as amended by section 16 of Amendment

the Companies Amendment Ordinance, 1913 (a) by the deletion of the words "of such " in the twelfth line of sub-section (1) thereof us printed in the said Companies Amendment Ordinance, 1913;

(6.) by the repeal of the second proviso to

sub-section (5) thereof;

(e) by the addition at the end thereof of the

following sub-section —

**(9.) Sub-section (1) of this section shall

"not apply in the case of a Chius Com-

24 pany.

(14.) In section 114--

(a.) by the insertion of the words ", or, in the Amendmeat

of section

case of a Chius Company, if the com- 114. pany has branel banks beyond the limits of the consular district wherein such Com- pany has its registered office," after the word

"Colony in the first line of paragraph (a) of sub-section (5) thereof; (b) by the insertion of the words ", or, in the case of a China Company, to the registered office of the company within the limits of the China Orders-in-Council;" after the word "Colony" in the fourth line of para- graph (a) of sub-section (5) thereof.

132.

(15.) In section 132 by the insertion of the words Amendment

"or by the Registrar of Companies, or by the of section Registrar of Companies at Shanghai," after the word "contributories" in the fifth line of sub- section (1) thereof.

(16.) In section 141-

Amendment

(a) by re-numbering sub-section (2) as sub-

section (8);

of section 141.

(6.) by inserting a new sub-section (2) therein

us follows:-

LL

(2.) For the purpose of this Ordi- nance so far as it relatos to the "winding up of China Companies or "Hongkong China Companies by the "Supreme Court for China the term Official Receiver shall mean the "person appointed in that behalf by "the Judge of the Supreme Court " for China."

(17.) In section 171 by the substitution of the words Amendment

its jurisdiction" for the words "the Colony" of section

in the third line thereof.

171.

170.

(18.) In section 178 by the addition of the words Amendment

and in the case of a China Company in of section some newspaper circulating in the place where such Company has its registered office." at the

and thereof.

(19.) In section 216 by the insertion of the Amendment

words", or within the limits of the China of section Oriors-in-Council before any officer of the 216. Supreme Court for China lawfully authorizell to take and resolve affidavits, after the word "affidavits" in the fifth line of sub-section (1) thereof.

(20.) In Table A in the First Schedule by the Amendment

deletion of the words “On a show of bands of Table A.

every member present in persou shall have"

in the first line of Article 50 thereof, and by

the sub-titution therefor of the words, business shall be deemed special that is transacted at an".

7.--(1.) Sections 35, 36 and 37 of the Companies Ordi. Sections 95, nance. 1911, shall not apply in the case of China Com. 36 37 of panies.

Ordinance

No. 58 of

1911 not to

Apply to

China Companies.

(2.) An instrument of troosfer of share in a Chinn Stamp duties Company shall be exempt from strap duty unless executed

on transfers of shares. by the transforor within the Colony.

(3.) No probate duty or estate duty shall be payable Probate and in respect of the share or other interest of a deceased estate daty. member of a China Company in such company.

(4.) In lieu of the aforesaid duties, an annual fee for each Ching calendar year at the rate of four cents for each hundred Compedic

to pay su dollars of the paid up empital of the company shall be paid in annual fee. advance by every China Company to the Colonial Treasurer

of Hongkong on or before the 31st lay of January in each year: Provided that where a company is placed on the Register at Shanghai after the 1st day of January in any given calendar year a proportionate part only of the said fee shall be payable in respect of the period from the date of its being so placed on the Register at Shangbai to the

3 lat day of December next following.

(5.) If any company bereafter transferred from the Refund of Register in Hongkong to the Register at Shanghai shall local register at the date of such transfer be the holder of an unexpired

licence fee. local register licence under the Companies Ordinance, 1911, a proportionate part of the licence fee in respect of the unexpired portion of the period covered by such licence shall, if previously paid by such company, be refunded to the company by the Colonial Treasurer of Hongkong within one month of the receipt by him of proof to his satisfaction that the fee referred to in the preceding sub-section has been paid to the Registrar of Companies at Shanghai in respect of the period for which the refund is claimed.

(6.) If any company makes default in complying with Penalty. the provisions of sub-section (4) of this section it shall be liable to a penalty not exceeding fifty dollars for every day during which the default continues, and every director, officer and agent of the company who knowingly or wilfully authorises or permits the default shall be liable to the like penalty.

8. The Companies Amendment Ordinance, 1913, is Amendment hereby amended as follows

of Ordinance No, 22 of

(1.) By the repeat of sub-section (a) of section 6 1919. thereof, and by the roaming of sub-sectiona (b) and (c) as (a) and (6) respectively.

(2.) By the repeal of the words "of such" in the fourteenth line of sub-section (4) of section 16 thereof.

(3.) By the repeal of sub-section (a) of section 16

thereof.

9. The Companies Ordinances, in so far as they affect application

of China companies carrying on business within the limits of the China Orders-in-Council, shall be read with and subject Order-in-

(Companies) to the China (Companies) Order-in-Council, 191

191

10. This Ordinance shall come into force on the day of

191

Council,

Commence. ment.

313

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.