CO129-537-11 Companies Ordinance 1932 2-12-1932 - 26-5-1934 — Page 6

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(6)) prosecute himself if desirable in the rublic

interest;

if he does, the costs are of course horne

by public funds, and Hong Kong doubtless considered

that was as far as it was prepared to go. At the

most, I should be inclined to do no more than presume

that Hong Kong thought sub-section (9) of the

English Act unnecessary.

Section 251.

To amplify my minute to

Mr.Roberts-Wray of 3.2.22, it

should be pointed out to Hong Kong that in English

law the priorities of debts in the case of comronies

in liquidation coincide exactly with those annertain-

ing to ordinary bankruptcies (cf.4 & 5 Geo.V. c.59,

section 33, and 19 & 20 Geo.V. c.27, section 261).

It is regarded as important that the same principles

should be observed in the law of Hong Kong, and it

is requested that section 251 of the Companies

Ordinance and section 38 of the Bankruptcy Ordinance

No.10 of 1931 be examined from this point of view.

actual

The priorities to be conferred is a matter for the

Governor, having regard to local conditions, and the

Secretary of State does not regard it as essential

that the Hong Kong law should confer the same

add

priorities as do the English Acts, and it would,

however, be desirable in any amendment that is

að a minimu

decided upon to ensure that assessed taxes of all

kinds due to the Crown

should have priority

under the provisions of paragraph (e) of sub-section

of the

(1)

relevant sections.

Await F.O. reply.

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11.4.37.