CO129-437 - Public Offices - 1916 — Page 521

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Companies carrying on business in China shall be

exercised, so far as circumstances admit, in

conformity with the provisions of the Ordinance

and of the Life Insurance Companies Ordinance,

except that Section 16 of the Companies amendment

Ordinance, 1913, shall not apply in China".

Mr. Kennett's contention is that the

effect of the words "so far as circumstances admit"

imply that the requirements of Part IX of the Hongker

kong Companies ordinance No.58 of 1911 as to "Com-

panies established outside the Colony" are imported,

as though set out therein, into the China (companies)

ürder in Council 1915: that is to say that the pro- visions of Article 8(1) of the order in council as

to the majority of the directors of a "China Company"

being British subjects resident within the limits

of the order, and of article 9 as to no person other

than a British subject acting as auditor of a

"China Company", cannot directly or by inference or

implication be applicable to or enforced against

a British Company carrying on business in China

which is not a "China Company" or a "longkong

Company as defined in the Order in Council.

Article 10 of the order in Council which

provides that "no person other than a British

Subject shall be appointed to act within the limits

of this order as liquidator of a British Company

·

or as receiver or manager on behalf of the debenture-

holders of the property of a British Company except

with the Banction of the Court" undoubtedly applies,

in