CO129-482 - Public Offices - 1923 — Page 441

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British Legation,

Pekin.

Enclosure No. 2 in No. 547 to Foreign Office of 2.10.23

Hongkong to H.M. Minister of March 15th 1923.

sir,

I have the honour to enclose copies of two despatches from the Secretary of State for the Colonies, both dated

the 11th January 1923.

2.

I am not now concerned to discuss the validity of section 7 (4) of the Companies Ordinance, 1915, but it has

occurred to me that the pos it ion might be made quite clear

by the insertion, in the proposed consolidating China Order in Council, of an article based on sub-sections (4) (5) and (6) of the above section,

3. I would also venture to suggest that the new Order in Council should also deal expressly in some way with the ordinary fees payable under the Companies Ordinance 1911. The China (Companies) Order in Council 1915 is not explicit on this point. Article 15 (1) provides that the jurisdiction of the court is to be exercised in conformity with the

provisions of the Companies Ordinances. This may have the

effect of requiring China companies to pay the fees in question but the matter does not seem to be entirely free from doubt, It is instructive to compare with article 15 (1) the pro- visions of article 11 (1) which states definitely that all documents which the company is required by the Companies Ordinances to file with the Registrar of Companies in Hongkong runt in the case of a China company be filed with the Registrar of Companies at Shanghai.

4.

The British-American Tobacco Company Limited in the ir

letter of 21st December 1922, addressed to the Under

Secretary of State for the Colonies, suggest that the fee

imposed/

I