CO129-437 - Public Offices - 1916 — Page 520

COPY

Memorandum on question raised by Mr.

518

W. B. Kennett British Legal Adviser

to The British American Tobacco Co.

Ltd, as to the applicability to that

Company, incorporated in Great Britain,

but carrying on a considerable business

in China, of the general provisions of

the China (Companies) Order in Council

1915 applying to British Companies

carrying on business in China the ap-

propriate provisions of the longkong

Companies ordinance 1911 and Amending

urdinances.

}

is

The question to be settled, put shortly,

whether the Pritish America. Zobacco Co. Limited

as trading in China have to carry out only the

provisions of Part IX of the Hongkong Companies

Ordinance of 1911 or whether the Company is subject

to the general provisions of the China (Companies)

urder in Council.

The China (Companies) order in Council pro-

vides that "British Company" means "a Company in-

corporated in the united Kingdom, or in a British

Possession, and includes a China Company and a

Hongkong China Company*. The Hongkong Companies

defines a Pritish Company in the same words: Article ordinance No.31 of 1915 of the China (Companies)

Order in Council 1915 provides as follows:- *15-(1)

Subject to the provisions of this order, the Juris-

diction of the Court in respect of all ritish

Companie