1926

THE CHINA (COMPANIES) ORDEK IN COUNCIL, 1915 367
(4) Where on application made it is established to the satisfaction of the Court
i .chat there has been a failure to comply with the provisions of this article througli
inadvertence or accidental miscalculation or from some other reasonable cause, and
tlaot from any want of good faith, the Court may, if under all the cricurhstances it
Httsonsiders it just so to do, give relief from any forfeiture or penalty which has
ssbeen incurred by the applicant, or to which he is, or may be, liable upon such terms
l ;as it may think fit.
(5) The provisions of this article shall not apply to China Companies limited by
uj guarantee operating in China at the date of this Order.
15. —(1) Subject to the provisions of this Order, the jurisdiction of the Court
inn respect of all British Companies carrying on business in China shall be exercised,
a so far as circumstances admit, in conformity with the provisions of the Ordinance
inand of the Life Insurance Companies Ordinance, except that Section 16 of the Com-
Sj panies Amendment Ordinance, 1913, shall not apply in China.
(2) Where reference is made or inferred in any Section of the said Ordinances
}j to any other Ordinance of the Colony of Hongkong which does not apply within the
I limits of this Order, such Section shall be read as though the corresponding law or
R enactment applicable in England were referred to therein.
(3) The duties of the Governor, or of the Governor in Council, or of the Colonial
1 Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,
j within the limits of this Order, be exercised by the Minister, and under Sections 141
| (1), 149, 185, 217, and 261 shall within the limits of this Order be exercised by the
| Judge.
(4) In the application of the said Ordinance “legal practitioner” is substituted
| for “counsel ” or “solicitor ” or “ solicitor and counsel,” and “such newspaper as the
f Judge may direct” is substituted for “ The Gazette.”
(5) All offences under the said Ordinances made punishable by fine may, if
committed within the limits of this Order, be prosecuted summarily under Article
48 of the Principal Order, provided that the maximum fine which can be imposed in
the case of offences under the Ordinances tried summarily shall be <£200 instead of
<£20.
16. —(1) The power of the Judge under Article 119 of the Principal Order to
make Rules of Court shall extend to any matter which under the Ordinance or under
the Life Insurance Companies Ordinance is to be regulated by Rules.
(2) Any Rules in force at Hongkong at the date of this Order relating to
matters dealt with in the said Ordinances shall, unless and until they are repealed by
Rules made under this Article, apply, so far as circumstances admit, within the limits
of this Order.
17. All fees prescribed by or under the Ordinance or by or under the Life
Insurance Companies Ordinance which are paid to the Registrar of Companies at
Shanghai shall be paid by him to the Colonial Treasurer at Hongkong.
18. Nothing in this Order shall prejudice or affect the jurisdiction of the
Supreme Court over British Companies other than China Companies and Hongkong
China Companies within the meaning of this Order.
19. This Order shall come into effect on the 1st day of January, 1916.
And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Prmcipal Secretaries of State, is to give the necessary directions herein.
Almeeic Eitzbot.