CO129-482 - Public Offices - 1923 — Page 439

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

437

own pockets.

Advocate, in recent proceedings for the winding-up of a

company which was without assets. Not only did he not get

his costs of appearance, but he even had himself to pay the

bill for the necessary advertisements.

This actually happened, as regards the Crown

In par. 3 of his despatch, H.E. the Governor suggests the desirability of dealing expressly in the new Order in

Council with the fees payable by China Companies. In the 1915 Order there is no explicit requirement for the payment of these fees. Article 3(2) provides for the validity of

acts done in pursuance of the Ordinance by the Registrar of

Companies at Shanghai; article 11 provides for the filing of documenta by China (and Hongkong China) companies; article

15 provides for the jurisdiction of the Court (1.e. H.. Supreme Court for China) in conformity with the provisions

of the Ordinance (this appears to embrace the enforcement of fees);

article 16(2) provides that Rules under the Ordinance

shall apply in China; and article 17 provides for the payment

to the Colonial Treasurer of fees received by the Regie trar

under the Ordiran ce. Article 6(1) of the China (Companies)

Amendment Order in Council, 1919, states "The rovisions of

the Fire and Marine Insurance Companies (Deposit) Ordinance"

shall be applied to China Companies and Hongkong China

Companies", but the 1915 Order in Council contains no

corresponding provision as regards the Companies Ordinances

and the Life Insurance Companies Ordince, but only as

regards the Rules (article 16 (2)).

It is true, therefore, that minor amendments in the new

Order in Council might with advantage be made, but I am

informed by the Judge of H.M. Supreme Court that this point

was/

¡

ד.

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