CO129-554-4 Companies Amendment Ordinance 1935 7-1-1935 - 17-12-1935 — Page 21

No.215

Sub-enclosure 2.

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From the Secretary of State for the Colonies, London, to His Excellency the Governor Hongkong.

June 1st, 1935.

Sir,

I have the honour to acknowledge the receipt of

your despatch No. 537 of the 8th December, 1932, and to

inform you that His Majesty will not be advised to

exɛ rcise his power of disallowance in respect of Ordinance

No. 39 of 1932 of the Legislature of Hong Kong intituled

"An Ordinance to consolidate and emend the law relating

to Companies."

2. I observe that the penalty provided in Section 73

18 imprisonment for life whereas in the corresponding

section (Section 71) of the Companies Act, 1921, the

penalty provided is three years penal servitude.

3. In the fifth line of Section 94(11) there is a

misprint "he" having been substituted for "be".

4. I presume that it is not thought necessary to

include in Section 263 the provisions of Section 277(8)

of the Companies Act, 1929.

5. Sub-sections (3), (4), (5) and (6) or Section 319

appear to be redundant except as regards the reference

to the use of a Chinese translation of the word "limited";

the other provisions of these sub-sections are repea ted

in Sections 322(1), 323, 326 and 327 respectively.

6. Article 68 of Table A in the First Schedule to

the Companies Act, 1929, contains a misprint and I

notice that this has been followed in Article 68 of

Table ▲ in the First Schedule of the Ordinance. At the

end of the 9th and beginning of the 10th lines "the

rotation or retirement" should read "the rotation of

retirement".

17.