CO129-557-9 British protection of companies in China 26-3-1936 - 27-2-1937 — Page 93

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

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(2) As a condition of this consent the Minister may require that no person other than a British Subject shall be a director,

manager, secretary or other officer in China, of the Company, or that any director, manager, secretary or other officer in China who is not a British Subject, shall deposit in Court

or give security for or conform to such arrangement as the

Minister shall think fit for ensuring that the operations

of the Company in China shall be fully subject to the juris-

diction of the Court.

(3) If any British Company operates in China without the consent of the Minister, or if any terms imposed by him as

a condition of his consent are not complied with, the Company,

and every director, manager, secretary and other officer who is knowingly a party thereto, shall be guilty of an offence and shall be liable to a fine not exceeding fifty dollars

for every day during which such offence continues.

Failure

to comply with the provisions of this Article shall also

be a ground upon which an order for winding up the Company,

or any branch thereof operating in China, may be made by the

Court.

(4) Where, on application made, it is established to the

satisfaction of the Court that there has been a failure to

comply with the provisions of this Article through inadver-

tence or from some other reasonable cause, and not from w ant

of good faith, the Court may, if under all the circumstances

it considers it just so to do, give relief from any forfeiture

or penalty which has been incurred by the applicant, or to

which he is, or may be liable, upon such terms as it may think

fit.

(5) The provisions of this Article shall not apply to British Companies operating in China on or before the 31st December, 1936. Such Companies, if China Companies, shall

continue to be subject to the provisions of Article 194 of

the China Order in Council, 1925, as originally enacted,

fully and effectively as if the said Article had not been

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