41386-1915-The-China-Companies-Order-in-Council-1915 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 17, 1915.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 550 It is hereby notified that the China (Companies) Order-in-Council, 1915, referred to in the Companies Ordinance, 1915, (Ordinance No. 31 of 1915), was made on the 30th November, 1915. No copy of the Order as made is therefore available in the Colony, but the following is a copy of the draft of the Order-in-Council in its latest known form.

CLAUD SEVERN,

Colonial Secretary.

17th December, 1915.

CHINA (COMPANIES) ORDER-IN-COUNCIL, 1915.

Whereas by Treaty, usage, sufferance, and other lawful 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 limits of this Order:

Now, therefore, His Majesty by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty vested is pleased, by and with the advice of His Privy Council to order, and it is hereby ordered as follows:

1. This Order may be cited as The China (Companies) Order-in-Council, 1915,” and shall be read as one with the “China Order, 1904" (hereinafter called the “ Principal Order"), and with any Order amending the same.

2. In this Order---

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

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'The Life Insurance Companies Ordinance" means the Life Insurance Companies Ordinance, 1907, of the Colony of Hongkong, and includes any Ordinance amending or substituted for the same.

China Company" means a company limited by shares or by guarantee incorporated under the Ordinance and the operations of which are directed and controlled from some place within the limits of this Örder.

"Hongkong China Company" means a company incorporated under the Ordinance which carries on some part of its business within the limits of this Order and the opera- tions of which are directed and controlled from some place in Hongkong.

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British Company" means a company incorporated in the United Kingdom, or in a British possession, and includes a China Company and a Hongkong China Company.

3.--(1.) The Consul General at Shanghai, including any person acting for such Con- sul General, shall be Registrar of Companies at Shanghai.

(2.) All acts done within the limits of this Order in pursuance of the provisions of the Ordinance or of the Life Insurance Companies Ordinance by, to, with, or before the Registrar of Companies at Shanghai shall, subject to the provisions of this Order, be of the same force and validity as if they had been done by, to, with, or before the Registrar of Companies in Hongkong.

(3.) The Registrar of Companies at Shanghai shall be entitled to initiate such pro- ceedings in the Court as he may think necessary to enforce compliance with the provisions of this Order on the part of British Companies in China.

4. The Judge may by Rules of Court confer upon Provincial Courts jurisdiction in matters dealt with in the Ordinance, and may specify in such rules the Courts by which, and the classes of cases in which, such jurisdiction shall be exercised, but subject thereto the jurisdiction conferred by the Ordinance upon any Court shall within the limits of this Order be exercised by the Supreme Court.