CO129-445 - Public Offices - 1917 — Page 348

(H) (81875) W↑ 29954(885 Gp. 163 20000 8,17 W BEL

(Registry No. 202858/10/17.

344

the concurrence of the Colonial Office

and the Board of Trade to submit to His Majesty the King an amendment in the

following terms:

"Where the general or substantial con-

trol of the business of a Compary in-

corporated under the Ordinance is exer- cised by a person ordinarily resident within the limits of this Order, such

Company shall, irrespective of the place

at which the Board of Directors may meet

or of any other circumstances, be deemed to be a Company of which the operations

ere directed and controlled from a place

within the limits of the Order and shall

be a China Company within the meanings

of the China (Companies) Order in Council,

1915".

Before taking this action, however,

I shall be glad to be furnished with Sir

E. Fraser's observations on the subject.

Draft.

Sir J.Jordan.

Peking.

No.120.

sir,

F.O.,

November

;

1917.

I have had under my consideration

Mr. Alston's despatch No.230 of July 28th and the previous correspond-

ence in regard to the Hoong On case,

and I am satisfied that an amendment of the China (Companies) Order in

Council of 1915 is required in order

to ensure that the real controller of a

China Compan shall be under the

jurisdiction of the British Court.

I therefore propose, subject to

the concurrence of the Colonial Office

and the Board of Trade, to submit to

His Majesty an amendment to that Order

in the following terms:

(1) No person other than a British

subject resident within the limits of

this Order shall act as managing director

or in any position similar to that of

managing director., or shall otherwise

exercise general or substantial control

of the business of a China Company.

(2)