CO129-609-4 Future policy- draft proclamation for moratorium on unsettled debts 24-8-1945 - 22-2-1947 — Page 15

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

15

any removal of the ban that the Courts should be

prohibited from deciding any of the questions on which

we contemplate legislation, especially the question of

the validity of the liquidation of Banks;

and it may

well be that there is little to be gained by any

further piece-meal measures. I would be glad to know,

however, whether, assuming that I am satisfied that

some substatial benefit will accrue to the community

and that contemplated legislation will not be prejudiced

by judicial decision, there is any objection to a

partial removal of the ban on the transfer of shares so

as to permit dealings in shares of those companies who,

although in default with the strict requirements of Company

Law, have furnished certain minimum particulars to the

Registrar of Companies, except in any block of shares in

respect of which companies have received notice of

conflicting claims.

4.

I should also be glad to know whether you consider that

exemption might now be granted to dealings in land affected

by occupation transactions except in cases where the Land

Officer has received notice of a claim that any occupation

transaction affecting such land is void or voidable.

5.

At present the Registrar of Companies grants exemption

in particular cases on the lines suggested provided that a

declaration is furnished that there was no occupation

transaction. In the case of land, exemption is habitually

granted to confirmatory deeds, i.e., deeds confirming the

occupation transaction and to further dealings thereafter.

good deal of time and expense is involved in dealing with

each case, which would of course be avoided if the ban were

partially removed.

A

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