CO129-486 - Public Offices - 1924 — Page 162

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

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(2) Every company registered under this Article shall register in the month of January in every year a list of the directors of the company, showing in respect of each director his full name and nationality and his address, and shall from time to time, as may be necessary, register any alterations in such list.

(3) Every company registered under this Article shall register the name and address of the manager or other chief local repre- sentative in China, and shall from time to time, as may be neces- say, register any alteration of the representative of the company or in his address. Names and addresses so registered shall be open to the inspection of the public.

219. The Consular Officer shall, on the registration of a com- pany at the Consulate, issue to the person making the registration a certificate, signed and sealed with the consular seal, that the company has been so registered.

220. Registration of a company under this Part of the Order shall not require to be renewed annually, but may be renewed from time to time as the parties may desire, and must be renewed when any change takes place in the name of the company.

On every registration of a company under this Part of the Order, and on every renewal thereof, there shall be payable a fee of £1, and on every registration under Article 218 (2) or (3) there shall be payable a fee of 2s.

221. (1) A company shall not be entitled to be recognised or protected as a British company unless it is registered under this Order, but shall, although not so registered, be subject to the jurisdiction of His Majesty's Courts in China.

(2) Nothing in this article shall affect the right of the Secretary of State to direct that British protection shall not be accorded to a company, even though it has been registered under this Order. 222. The provisions of Articles 216-221 shall not be applicable to China Companies.

PART XI. MISCELLANEOUS.

223. Nothing in this Order shall deprive the Court of the right to observe, and to enforce the observance of, or shall deprive any person of the benefit of, any reasonable custom existing in China, unless this Order contains some express specific provision incompatible with the observance thereof.

224. Nothing in this Order shall prevent any Consular officer in China from doing anything which His Majesty's Consuls in the dominions of any other State in amity with His Majesty are, for the time being, by law, usage, or sufferance, entitled or enabled to do.

225. Every Consular officer shall, as far as there is proper opportunity, promote reconciliation and encourage and facilitate the settlement in an amicable way, without recourse to litigation,

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of matters in difference between British subjects, or between British subjects and foreigners in China.

226. Section 48 of the Conveyancing and Law of Property Act, 1881 (44 & 45 Vict. c. 41), (which relates to the deposit of instruments creating powers of attorney in the Central Office of the Supreme Court in England or Ireland) shall apply to China with these modifications, that is to say: the Office of the Supreme Court is substituted for the Central Office, and Rules of Court under this Order are substituted for General Rules.

227. All fees, fines, penalties, and other sums of money which, under the provisions of this Order or any Regulations or Rules of Court, are stated or imposed in terms of British currency, shall, if not paid in British gold, be paid in China in dollar currency at the rate of 10 dollars to the pound sterling.

The said rate of exchange shall apply to the ascertainment of the value of any income for any purpose of qualification or of any limitation or security, in any case where this Order or any Rule or Regulation contains a reference to British currency.

228. Except as in this Order otherwise provided, all fees, dues, fincs, and other receipts under this Order shall be carried to the public account, and shall be accounted for and paid as the Secre tary of State, with the concurrence of the Treasury, directs.

229. Not later than the 31st March in each year, the Judge of the Supreme Court shall send to the Secretary of State a report on the operation of this Order up to the 31st December of the preceding year, showing for the then last twelve months the number and nature of the proceedings, criminal and civil, taken in the Court under this Order, and the result thereof, and the number and amount of fees received, and containing an abstract of the registration list, and such other information, and being in such form as the Secretary of State from time to time directs.

230. Each Provincial Court shall at such time as may be fixed by Rules of Court furnish to the Supreme Court an annual report of every case, civil and criminal, brought before it, in such form as the Supreme Court directs.

231. (1) A printed copy of this Order shall be always kept exhibited in a conspicuous place in each Consular office and in each Court-house.

(2) Printed copies shall be sold at such reasonable price as the Supreme Court directs.

(3) Judicial notice shall be taken of this Order, and of the com- mencement thereof, and of the appointment of Consuls, and of the constitution and limits of the Courts and districts, and of Consular seals and signatures, and of any Rules made or in force under this Order, and no proof shall be required of any of such matters.

The provisions of the Evidence Act, 1851 (14 & 15 Vict., c. 99), secs. 7 and 11, relating to the proof of judicial and

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