1928

345
THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
(3) The Registrar of Companies at Shanghai shall be entitled to initiate such
proceedings 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 jurisdic¬
tion 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.
5. —In all matters relating to a Hongkong China Company the jurisdiction of
the Supreme Court and of ,the Supreme Court of Hongkong shall be concurrent,
and the said two Courts shall in all respects be auxiliary to each other.
6. —Where any proceedings relating to a Hongkong China Company, or for the
winding up of any such Company, are commenced in the Supreme Court, and it
appears that the principal part of such Company’s business is carried on within the
limits of Hongkong, or that for any other reason such proceedings might more con¬
veniently be carried on at Hongkong, the Supreme Court may, of its own motion, or
on the application of any party, make an Order transferring the proceedings to the-
Supreme Court of Hongkong.
7. —The Supreme Court shall enforce within the limits of this Order any Order
or Decree made by the Supreme Court of Hongkong in the course of any proceed¬
ings relating to a Hongkong China Company, or for the winding up of any such
Company.
8. — (1.) The majority of the Directors of a China Company shall be British
Subjects resident within the limits of this Order.
(2.) If at any time the proportion of Directors who are British Subjects
resident within the limits of this Order falls to or below one-half, it shall be the
duty of the Directors and also of the Shareholders of the Company to take within
30 days, or such further period as the Court may allow, all necessary steps for the ap¬
pointment of such number of Directors who are British Subjects resident within the
limits of this Order as may be necessary to comply with the provisions of this
article.
(3.) If default is made in compliance with this article the Company shall be
liable to a fine not exceeding 50 dollars for every day during which the default con¬
tinues, and every Director and every Manager of the Company who knowingly
authorizes or permits the default shall be liable to the like penalty.
(4.) Failure to comply with the provisions of this article shall be a ground upon
which an Order for winding up the Company may be made by the Court.
9. —No person other than a British Subject shall be entitled to act as the
auditor of a China Company. The appointment of any such person as the auditor
of a China Company shall be void, and any certificate or other document given, or
act done, by any person who is not a British Subject purporting to act as auditor
of a China Company shall not be held to comply with any requirements of the
Ordinance.
10. —No person other than a British Subject shall be appointed to act within
the limits of this Order as liquidator of a British Company or as receiver or manager
on behalf of the debenture-holders of the property of a British Company except with
the sanction of the Court.
11. —(1) All documents and other written information which a Company is
required by the Ordinance to file with the Registrar of Companies shall, in the case
of a China Company, be filed with the Registrar of Companies at Shanghai, and a
copy of all such documents and other written information shall, in the case of a
Hongkong China Company, be filed with the Registrar of Companies at Shanghai.