Sessional_Paper_1911 — Page 102

Effect of

registration

98

(b.) The duties or additional duties to be performed by the Registrar of Companies for the purposes of this Ordinance.

(c.) The performance by Deputy Registrars and other officers of acts by this Ordinance required to be done by the Registrar of Companies.

(d.) The forms to be used for the purposes of this

Ordinance.

(c.) The publication from time to time in the Gazette of a list of the partnerships registered under this Ordinance.

(S) Generally the conduct and regulation of registra- tion under this Ordinance and any matters incidental thereto.

16. Nothing in this Ordinance shall be taken to affect any debt or liability incurred by a registered partnership or a trospective. registered partner or hang húshareholder prior to the date

of their respective registrations.

not re-

Commence- ment of Ordinance.

17. This Ordinance shall come into operation on the first day of January, 1912.

Appendix.

1. If the amendment in clause 1 of this Bill had not been agreed to by the Special Committee, of which I am a Member, I should have felt bound to oppose this measure in toto, for I am clearly of opinion that it would have been absurd to make the provisions of this Bill apply to any partnerships other than Chinese partnerships.

2. Even as regards Chinese partnerships this Ordinance is absolutely different in its scope from all previous Bills on the subject of the registration of partners in Chinese firms.

All such previous Bills started from the point of view that it was imperative to protect creditors by facilitating the identification of partners in the debtor firm and consequently that all the names, including t'ong names, of all the partners in a Chinese firm must be registered. The coyness of Chinese traders proved, however, a fatal obstacle to the success of any such attempts at legislation.

3. This Bill, on the contrary, is admittedly drawn from the point of view of bribing rather than compelling a partner to register, by offering to him, if he registers, a certain limitation of liability, which limitation is, I believe, sanctioned by Chinese Custom.

4. In view of the important nature of this measure I would beg leave to suggest that it be published for general information in the Gazette in its present shape and that it be not passed into law until the public have had a reasonable opportunity of considering it.

6th October, 1911.

H. E. POLLOCK.