CO129-437 - Public Offices - 1916 — Page 523

COPY

521

22, Museum Road,

Shanghai,

Sir E. D. H. Fraser, K.C.M.G.,

Registrar of Companies,

Shanghai.

sir,

4th May, 1916.

The China (Companies) urder-in-Council 1915

With reference to my letter to you of the 17th

"arch and to my interview with you and the Crown

Advocate on the 27th April, I understand that the

Crown advocate has expressed the view (in variance

from the view of the kegistrar of Companies, Hongkong)

that the meaning of Article 15 of the China (Companies)

Order-in-ouncil 1915 is that the main body of the

Hongkong rdinance of 1911 now applies in China to

Companies registered in England but carrying on part

of their business in China (hereinafter, for the pur-

pose of brevity, referred to as "Home Companies").

The matter is of considerable importance to

such Companies as British-merican Tobacco Co., Ltd.

(on whose behalf I am interested) which would be in

a position of considerable doubt and difficulty if

the view of the Crown Advocate is adopted, and I

therefore venture to set out below some points in

favour of the construction adopted by the aegistrar

at longkong:-

The main body of the Hongkong Ordinance of

1911 deals with Companies which are formed and exist

under the provisions of that ordinance, and therefore

have