193569-1932-Supplementary-Bill-read-a-first-time--Companies — Page 137

Appeals.

Notices to be registered.

Jurisdiction of Hong

Kong Court and Supreme Court for China in matters relating to Hong Kong China Com- panies.

Transfer of

proceedings relating to Hong Kong China Com- panies.

Enforcement in Colony of order of Supreme Court for China.

Stamp duties

or transfers of shares.

Probate and estate duty.

China com- panies to

pay an

annual fee.

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(4) If the company concerned, or the registrar of companies, at Shanghai, is dissatisfied with any such order of transfer or determination aforesaid, it shall be lawful for it or him to appeal to the court.

Such appeal shall be made by originating sum-

mons.

Such originating summons shall be issued within one month after the service of the notice of such transfer or determination on the company concerned Provided that the court shall have power to extend the time before or after the expiration of the said period of one month.

If any such appeal is not prosecuted with all due diligence, it shall be lawful for the court to dismiss it.

Upon such appeal the court may make such order as may seem to it desirable.

(5) The registrar of companies or the registrar of companies at Shanghai shall register any such notice as is referred to in this section given to him by a company.

351.-(1) In all matters relating to a Hong Kong China company, the jurisdiction of the court and the jurisdiction of the Supreme Court for China shall be concurrent and the said two courts shall in all respects be auxiliary to each other.

(2) Where any proceeding relating to a Hong Kong China company, or for the winding-up of any such company, are commenced in the court and it appears that the principal part of such company's business is carried on within the limits of the China Orders in Council, or that for any other reason such pro- ceedings might conveniently be carried on within the limits of the said Orders in Council, the court may, of its own motion, or on the application of any party, make an order transferring the proceedings to the Supreme Court for China.

(3) The court shall enforce within the Colony any order or decree made by the Supreme Court for China in the course of any proceedings relating to a China company or to a Hong Kong China company or for the winding-up of any such company in the same manner as if such order or decree had been made by the court.

352.-(1) An instrument of transfer of a share in a China company shall be exempt from stamp duty.

(2) No probate duty or estate duty shall be payable in respect of the share or other interest of a deceased member of a China company in such company.

(3) In lieu of the aforesaid duties, an annual fee for each calendar year at the rate of four cents for each hundred dollars of the paid up capital of the company shall be paid in advance by every China company to the Colonial Treasurer of Hong Kong on or before the 31st day of January in each year: Provided that where a company is placed on the register at Shanghai after the 1st day of January in any given calendar year a proportionate part only of the said fee shall be payable in respect of the period from the date of it being so placed on the register at Shanghai to the 31st day of December next following.

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