Directory_and_Chronicle_1939 — Page 137

THE CHINA (COMPANIES) AMENDMENT ORDER IN

COUNCIL, 1919

AT THE COURT AT BUCKINGHAM PALACE, THE 9TH DAY OF OCTOBER, 1919

1

PRESENT-

The King's Most Excellent Majesty

Lord Steward

Mr. Secretary Shortt

Sir Francis Villiers Sir George Buchanan

Whereas by treaty, grant, usage, sufferance, and other awful means, His Majesty the King has jurisdiction in China:

And whereas it is desirable to make further provision with reference to the exercise of jurisdiction over British companies carrying on business within the limist of this Order:

Now, herefore, His Majesty, by virtue and in exercise of the powers in this hehalf by "The Foreign Jurisdiction Act, 1890," or otherwise, in flis Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is bereby ordered, as follows:-

1. This Order may be cited as "The China (Companies) Amendment Order in Council, 1919," and shall be read as one with "The China (Companies) Order in Council, 1915.”-

2. In this Order

"The Fire and Marine Insurance Companies Ordinance means "The Fire and Marine Insurance Companies Ordinance, 1917, of the Colony of Hongkong," and includes any Ordinance amending or substituted for the same.

"The Ordinance" means "The Companies Ordinance, 1911, of the Colony of Hongkong," and includes any Ordinance amending or substituted for the same.

3. Where the general or substantial control of the business of a Company incor- porated under the Ordinance is exercised by a person or persons ordinarily resident within the limits of this Order, such Company shall, irrespective of the place at which the Board of Directors may meet, or of any other circumstances, be deemed to be a Company of which the operations are directed and controlled from a place within the limits of this Order and shall be a China Company within the meaning of "The China (Companies) Order in Council, 1915."

4. (1) No person, other than a British subject resident within the limits of this Order, shall act as managing-director or in any position similar to that of managing director, or shall otherwise exercise general or substantial control of the business of a China Company.

(2) If default is made in compliance with this Article the Company shall be iable to a fine not exceeding 50 dollars for every day during which the default continues, and every director and every manager of the Company who knowingly authorizes or permits the default shall be liable to the like penalty.