CO129-437 - Public Offices - 1916 — Page 525

:

I

ค

523

etc., will very clearly show.

Apart from the question of impracticability,

I think that a reference to the Amendments made in

the Hongkong ordinance of 1911 by the ordinance of

1915 with a view to making the ordinance applicable

to China Companies in China as well as to Fongkong Companies, will show that it was never intended that

the main body of the ordinance should apply to Home

Co:panies. Wherever & Section of the ordinance of 1911 is amended to make an appropriate provision

for Thins Companies, it refers to China Companies

only and not to ritish Companies.

On referring to Article 15 of the order-

in-Council 1915, it will be seen that the actual

words used are:- "The jurisdiction of the Court

in respect of all British Companies carrying on

business in China shall be exercised so far as

circumstances admit in accordance with the pro-

visions of the Ordinance". I think that the

obvious intention of this was to provide that the

Hongkong Companies ordinance of 1911 should apply in Chine as well as in ilongkong to Companies re- gistered under that Ordinance, and such a pro-

vision was obviously necessary upon the transfer

of Companies originally registered in Hongkong to

the the Registry at Thanghai as China Companies.

There is no indication in the Artle itself that

it intends to refer to liome Companies, and it is

only on looking at the definition of "British

Company that this meaning becomes possible. It

Beems probable that the definition of "British

Company"