CO129-510-15 China (Companies) order in Council- 1925- correspondence 19-4-1928 - 31-12-1928 — Page 28

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

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7 the Treasury wrote to the Board of Trade (Treamry reference

12074/83) stating that the promtere had been in communication

with Sir H. Thring and that amendments of the Bill had been

agreed to between them and him.

Section 35 (1) of the Hongkong Ordinance No. 58

of 1911 followed generally the precedent of the Imperial Act.

but made the permission to keep a branch register conditional

upon a licence being obtained, and further made it a condition

of the grant of euch a licence that the Registrar migt be satis-

fied that a principal part of the business of the company was

carried on at or near the place where it desired to keep such

a branch regiater.

In 1910 the Honkong Ordinance was amended and the

China Companies Order-in-Council 1915 wee made, with the results

set out in the Crown Advocate's minute of the 27th April, 1928.

The question raised by the Petition appears to the

Board of Trade to be a metter primarily for the agcision of the

Hongkong Covernment. the board are not aware of the reasona

which led to the enactment of the straita settlements Ordinance

Bo. 155 in a form which enables loual companies to keep branch

replet are in the Jnited Kingdom or in any Colony irrespective

of whether business la carried on in the United Kingdom or in

that Colony, as the came my be.

Similar provisions, however,

occur in other statutos, e.g. the New Sealand Companies Act, 1906,

the Indian Companies Act, 1913, the Victoria Companies Act, 1911,

and ot here.

hile the uestion whether the transaction of business

on the spot should or should not be cade a condition precedent

to the opening of a local branch rogiater appears to ba

primarily a question for the Government of that part of the Empire

in which the company is incorporated, I am to point out that so

far as His Majesty's Government are concerned there would appear

to be no objection to, but on the other hand there are certain

/argument s

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