CO129-613-4 Transfer of registration of China Companies from the United Kingdom to Hong Kong 16-4-1946 - 3-2-1948 — Page 162

Savi

From the Setary of State for the Colonies.

To the Officer Administering the Government of... HONG YtNa

May, 1946.

Dat

No........

20. Saving.

163

Reference is requested to the communication to the Colonial Office of the 15th April, 1946 from the Legal Branch Civil Affairs, Courts of Justice, enclosing a copy of a letter to the Registrar of Companies, London, dated 9th April (C..S.Leg. 1807/128) which has been forwarded to the Colonial office by the Board of Trade for the necessary

answer.

2.

As regards the transfer back to Hong Kong of those companies who transferred their registered offices to the United Kingdom prior to the outbreak of war with Japan, reference is requested to my savingram No. 62 of 16th April, 1946.

3.

With regard to paragraph 4 of th letter of the 9th April, Regulation 3 of the Defence (Companies) Regulations 1940, provides that companies registered in England under that Regulation shall be treated for all purposes as if they were companies incorporated under the United Kingdom Companies Act 1929 and registered in this country under that Act and not elsewhere. Consequently, companies so registered are deemed to have ceased to be registered in Hong Kong. The Regulation in question was made under the Colonial Companies (Transfer) Order-in- Council 1942 (S.R.0.1942 No.510) a copy of which is enclosed, which has the force of law in Hong Kong. The procedure adopted by the Board of Trade on receipt of an application from a company under Regulation 5 is set out in the enclosed memorandum "A". Board of Trade being satisfied as to the information Un the

/supplied,