92
HONGKONG LEGISLATIVE COUNCIL
for
Paragraph (b) repeals the proviso added by the Companies Amendment Ordinance, 1913, as this proviso appears to be unne- cessary. This point is also dealt with in clause 8 (3).
Clause 5 is complementary to correspond- ing provisions in the Order-in-Council, and the two sets of clauses taken together are intended to make the Supreme Court of
the Supreme Court Hongkong and China of concurrent jurisdiction, and Paragraph (c) enacts that the provision auxiliary to each other, in all matters of the Companies Amendment Ordinance, relating to a Hongkong Company, as defined 1913, for the formation of a list of author- in the Bill. The clause also empowers theised auditors shall not apply in the case Supreme Court of Hongkong to enforce of a China Company, as it is considered undesirable that there should be any such orders of the Supreme Court for China n all matters relating to China Companies. list in the case of China Companies.
Clause enacts certain amendments in the Companies Ordinance, 1911. Most of these
are self-explanatory and are sitated by the new order of things intro- The others duced by the Order-in-Council. are shortly referred to below.
neces-
Sub-clause (1) of clause 6 repeals a clause which will not be necessary when the Supreme Court and the Supreme Court for China are auxiliary to each other.
Sub-clause (2) of clause 6 repeals three sub-clauses which are unnecessary, notice of the situation of the registered office being sufficiently, and more suitably, dealt with in section 63 of the Companies Ordinance, There is no precedent in the Com- panies (Consolidation) Act, 1908, for these three sub-clauses.
1913.
·
Sub-clause (3) of clause 6 is intended to prevent the improper use of the word British in the names of companies. The proviso is added because all China Com-
real and panies will have a
substantial British character.
Sub-clause (6) of clause 6 is intended to assist in marking the distinction between China Companies and other limited com- panies, established under the law of foreign State, which are not subject to British control in China.
A
Sub-clause (7) of clause 6 is intended to correct a slight error which crept into the 1913. Companies Amendment Ordinance, This point is further dealt with in clause 8 (1).
Sub-clause
clause (10) of
6 is attempt to impose more stringent conditions on the commencement of business by a new company in order to prevent fraud.
an
Sub-clause (12) of clause 6 provides that an application for the appointment of in- spector may be made by either Registrar of Companies as well as by members of the company.
Sub-clause (13) of clause 6 deals with three points:
Paragraph (a) corrects a slight error in- troduced by the Companies Amendment Ordinance, 1913. This point is also dealt with in clause 8 (2).
|
Sub-clause (15) of clause 6 gives hoth Registrars power to apply for a winding-up
order.
Sub-clause (20) of clause 6 corrects an obvious misprint in article 50 of Table A in the First Schedule to the Companies Ordinance, 1911.
Clause 7 excepts China Companies from the operation of the sections of the Com- panies Ordinance, 1911, which deal with the question of local registers. It retains, however, the annual fee heretofore paid by companies with local registers in China, as it re-enacts that shares in such companies shall be exempt from transfer duty and probate and estate duty, except in case of transfers where the executed by the transferor in the Colony.
the
transfer IS
Clause 8 makes the necessary amendments in the Companies Amendment Ordinance, 1913, which have been referred to above under sub-clauses (7) and (13.
on
Clause 9 provides that the Companies Ordinance, in so far as they affect com- panies carrying business within the limits of the China Orders-in-Council, shall be read with and subject to the Order-in- Council above referred to.
Clause 10 is intended to suspend the cominencement of the Ordinance until the date when the Order-in-Council comes into operation.
THE COLONIAL SECRETARY second- ed, and the Bill was read a first time.
Imports and Exports
THE ATTORNEY-GENERAL moved "AD the first reading of a Bill intituled, Ordinance to amend the law relating to importation and exportation.'
CX
11
The Objects and Reasons state that the object of this Bill is to give the Gov- ernor-in-Council power to make from time to time such provisions as may be necessary for regulating and restricting importation into the Colony and exportation from the Colony.
HONGKONG LEGISLATIVE COUNCIL
The powers conferred may seen wide, but they appear to be justified by three cons.d- erations. One is that the measure is a war
measure.
The second is that the ingenuity
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$622
sist either of two or of three judges."
On Council resuming,
of persons who attempt to evade the law
THE ATTORNEY-GENERAL must be met from time to time by fresh that the Bill be read a third time. measures introduced with the least possibly
moved
delay. The third is that a quick and elastic THE COLONIAL SECRETARY second- form of legislation is desirable in the n-ed, and the Bill was then read a third terest of legitimate trade.
time and pas-ed,
THE COLONIAL SECRETARY second- ed, and the Bill was read a first time.
THE
Full Court Ordinance
ATTORNEY-GENERAL
moved
the second reading of the Bill intituled, An Ordinance to amend the Full Court Ordinance, 1912, and to make further provision for the constitution of the Ful! Court. In doing so he said:--
The objects of this Bill are two in num- ber. The first is to give a Full Court of
in two judges jurisdiction
all applications för leave to appeal from the Full Court here to the Privy Council. Such applications are generally simple. and frequently formal, and sometimes cannot afford to wait for the arrival of
the third judge from Shanghai. The other object of the Bill is to provide that the Full Court, sitting here on appeal to it from a single judge. may, in any case, consist of two judges only instead of three if, in the opinion of the judge whose order er judgment is being appealed from, and in the opinion of the other two judges, the presence of the judge whose judgment is being appealed from is un- necessary. This would be useful in case of a long session of the Full Court, which might otherwise lead to great congestion in the ordinary work of the Court. I beg to move the second reading.
THE COLONIAL SECRETARY second- ed, and the Bill was then read a second time.
Trading with the Enemy
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, "An Ordinance to amend further the
Trading, with the Enemy Ordinance,
In doing so he said :—
1914."
The objects of this Bill. Sir, are not, I think, of any great importance in the present conditions of the Colony, but they are introduced in order to assimilate the laws of this Colony to the laws on this subject in the United Kingdom. Clauses 5 to 7 are practically copied from the re- cont Trading with the Enemy Amen laat Act, 1915, which was recently pass.d by the Parliament of the United Kinga)). Clauses 2 and 3 are intended to somewhat improve the provisions restraining the registration of Companies formed for the purpose of acquiring undertakings and firms which though not entirely of enemy character yet have a certain amount of enemy character, or such connection with the enemy as to render them liable to suspi- cion. Clause 4 provides, again following the law in England, an additional ground for the appointment of a controller of a business where such appointment seems desirable owing to circumstances arising out of the present war. Though it is not probable that reliance will have to be placed on this section here, yet it is just as well to have power in case the circum- stances should arise. I beg to move the second reading.
THE COLONIAL SECRETARY second- Council then went into Committee to ed, and the Bill was read a second time. consider the Bill cause by clause.
On Clause 2, sub-clause 2,
THE ATTORNEY-GENERAL moved that this be omitted and that the follow- ing sub-claus be substituted:·
Council than went into Committee to consider the Bill clause by clause.
The Bill passed through Committee with- out amendment, and on Council resuming,
moved
THE ATTORNEY-GENERAL that it be read a third time.
"(2) In all applications for leave to
appeal to His Majesty in Coun "cil and in all matters incidontaled, "the reto the Full Court may con-
THE COLONIAL SECRETARY second- and the Bill was then read a third time and passed.
No comments yet.
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