CO129-437 - Public Offices - 1916 — Page 529

COFY

Memorandum on question raised by ir.

527

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 Hongkong

Companies ordinance 1911 and Amending

Ürdinances.

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The question to be settled, put shortly. is

whether the British American Tobacco 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)

Order in Council.

The China (Companies) urder in Council pro-

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

corporated in the United Kingdom, or in a ritish Possession, and includes a China Company and a

Hongkong China Company". The Hongkong Companies

defines a British Con Ordinance No.31 of 18pany in the same words: Articl

the china (Companies)

Grder 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

Companies