CO129-427 - Public Offices - 1915 — Page 338

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

5.- In all matters relating to a Hongkong China In matters Company the jurisdiction of the Court and the jurisdiction relating to of the Supremio Court for China shall be concurrent and Hongkong the said two Courts shall in all respects be anxiliary to each other.

China Companies jurisdiction of Hongkong Court and Supreme Court for China to be concurrent

and mutually auxiliary,

China

(2.) Whore any proceedings relating to a Hongkong In proceed- China Company, or for the winding up of any such Com- ings to pany, are commenced in the Court and it appears that the Hongkong principal part of such company's business is carried on Companies within the limits of the China Orders-in-Council, or that for Court may. any other reason such proceedings might more conveniently if desirable,

transfer be carried ou within the limits of the said Orders-in-Concil. matter to the Court may, of its own motion, or on the application of Supremo any party, make an order transferring the proceedings to Court for the Supreme Court for China.

China.

(3.) The Court shall enforce within the Colony any Court to onler or decree made by the Supreme Court for Chius in enforce in the course of any proceedings relating to a China Company Colony order

of Supreme or to a Hongkong China Company or for the winding up Court for of any such Company in the same manner as if such order china rela nr decroo had been made by the Court.

tive to Chins

Company or Hongkong China Company.

6. The Companies Ordinance, 1911, is hereby amended Amendment as follows:-

of Ordi- Dance No. 58 of 1911.

(1.) section by the repeal of sub-section (3) Amendmect

thereof.

of section 1.

of sections 4.5 and 6.

(2.) In sections 4, 5, and 6, by the repeal of par- Amendment

graph (ii) of sub-section (1) thereof.

(3.) In section 9 by the addition of the following Amendment

sub-section at the end thereof :-

(6.) Except with the permission of the Governor, a company may not he "registered by, or adopt, or use, uny "uame which includes the word "British provided that a China Company may without any such "permission bo registered by and "use à panie which includes the word "British'.'

of section 9.

(1.) In section 32 by the repeal of the words "the Amendment Colouy" and by the insertion of the words of section 32. "the place where sneb Company has its regis.

tered office"

(5.) In section 63 by the insertion of the words amendment

", other than a China Company," after the of section 63. word "company" in the first line of sub- section (1) thereof, anil by the invertion of the words" , and every China Company sull have a registered office within the limits of China (Companies) Order-in-Council,

the

19

, after the word "Colony" in the second line of sub-section (1) thereof.

(6.) In section 64 by the addition of the words Amendment

", and, in the case of a China Company, the of section 64. characters 有限英國公司"

(7.) In section 66—

Amendment

(a.) by the repeal of the words inserted in of section 66.

anti-section (2) thereof by section 6 of the

Companies Amendment Ordinanec, 1913;

(4.) by the addition at the end of sub-section

(2) thereof of the following words—

"Such report shall be in the Engish

"language."

—5—

(8.) In section 80 by the insertion of the worls Amendment

"

or, in the case of a Chius Company, not of section 80.

Bitunte within the limits of the China Orders-

in-Council;" after the word "Colony" in the

fourth line thereof,

(9.) In section 81-

(a.) by the insertion of the words, or a China Company whose objects require or com- prise the transaction of basiness outside the limits of the China Orders-in-Council," before the word "may" in the second line of sub-section (1) thereof;

(b) by the insertion of the words

or, in

the cuse of a China Company, not situate within the limits of the China Orders-in- Council," after the word "Colony" in the Fourth line of sub-section (1) thereof;

(e) by the insertion of the words or, in the case of a China Company, not situate within the limits of the China Onlers-in- Council," after the word "Colony” in the third line of sub-section (2) thereof.

(10.) In section 89—

(a.) by the repeal of paragraph; (e) of sub- section (1) thereof and by the substitution therefor of the following —

*() it bus been proved to the "Registrar of Companies to his "satisfaction that the conditions of this sub-section have beeu complied with ; and ":

b

(b) by the repeal of sub-section (2) thereof and by the substitution therefor of the following:-

"(2.)-(a.) For the purpose of satisfying himself that the conditions of the preceding sub-section have been complied with it shall be lawful for the Registrar of Companies to re- quire

f) the filing of one or more

statutory declarations in such form and by such directors or other officers of the company as he may in each case prescribe;

(ii) the production and verifi- cation of such documents relating to the company as be may in each case call for; and

(iii) such additional evidence of hond fides as be may in each CASC consider nccessary.

(6.) Upou the company complying with the aforesaid conditions the Registrar of Companies shall certify that the company is entitled to commence business and such certificate shall be conclusive evidence that the company is so entitled."

(11.) In section 95---

(a.) by the substitution of the words under the Companies Ordinances" for the words "in the Colony" in the second line of sub-section (1) thereof;

(b) by the insertion of the words “

, or, in the case of a China Company, crented outside the district of the Consulate of Shanghai" after the word "Colony" in the first line of the first proviso to sub-section (1) thoreof;

(e.) by the insertion of the words "or, in the case of a China Company, comprising solely property situate outside the dis- trict of the Consulate of Shanghai" after

Amendment

of section 81.

Amendment

of section 89.

Amendmont of section $5.

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