1933

1'he;China (companies) order in’ council, 1915
(4) Where on application mad^ it i,s.estahlished to the satisfaction'of/the jQourt
that thhte has been a failure to comply ,with :the, 1 provisions of fhis article,-through
inadvertence or accidental miscalculation or from some others reasonable canse, and
not from any want of good faith, the Court may, if under all the circumstances it
coosiddrs'it just so to doi'give relief from any1 doi-feitnre dr penalty -which has
been incurred by the applicant, or to which he is, or may be, liable upon sU<& terms
as it may thinh fit. ^ .
($) The protmions. of this article shall not apply-to China Companies limited by
guarantee operating in China, at the date of this Order,
15. —(1) Subject fo thc*provisions of this Order,, the jurisd;ictien ,ofcthp;Oourt
in respect of all British Coinpanies carrying on business in China shall be exercised,
so far as circumstances admit, in conformity with the provisions ,of the, Ordinance
and of the Life Insurance/Companies Ordinance, except that, Section fb of ,the Com¬
panies Amendment Ordinance, ]!>!3, shall not apply in China.
(2) Where reference is made or inferred in any Section of the said Ordinances
to any other Ordinance, of the Colony of Hongkong which deep npt apply witjiin the
limits of this Order, such Section shall be read as though the corfespondingTaw or
e-Uactbient 'applfcahle in Ehglahd were fefeffed^o thefein.
‘‘(SO The duties of the Glovemor, or of.'the.iGrQvefpor in Cpuncil, or of therGelonial
Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,
within the limi ts of this Order, be exercised by the'Minister,-'atid u.ridbt'Sections 141
(1),T49, 185, 217, and 261 shall within the limits 'of this Order be exercbedby the
Judge.
(4) In the application of-the said OfdinAnce “ legal'practitioher ” is substituted
for “counsel ” or “solicitor” or “ solicitor and counsel,’' and “^uch.newspaper as the
Judge may direct” is substituted for “ The Gazette.”
(5) All offences under the- said Ordinances made< punishable by fine inay, if
committed within the limits- of this Order, be prosecuted -summarily under -Article
48 of the Principal Order, provided that the maximum finewhich can he imposed in
the case of offences under the Ordinances tided suminarilv shall be A)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 finder
the Life Insurance Companies Ordinance isTo be tegul^ted by Eple's;
' (2); Any Rules in forte at Horigkohg' at fhe dale of this Order reiating to
matters deftlt v/ith in the rttid Ordinances shall, unless kiid until they are repealed by
Rules made ntider this Artie,Ife, apply, s6'far as'Circiiafstances admit, within the limits
of this Order. ; ^
17. All fees prescribed by or under; the Ordipamje ,or by or under the Life
Insurance'-Coinpanies Or'dinaince which are paid to the Registrar of.(Cpi(hpAnics
Shanghai shall be paid by Kini'to’the CblbhiaSl ^^a'kiireb hi;vHo!hgkdng!
18. Hokhihg in this Ordbr shall prtjudi'cq’1 db ,Affect the jurisdiction,, of the
Supreme Court over British Companies otheb thari China'Companies and Hongkong
China Companies Within the1 meaning'of'this Ordeb. ‘ ' '
19. This Order shall come into effecj; oh the 1st d^y of January, 1916P , ,
And the Right Honourable Sfc Edward Grey, Baronet, one of His Majesty’s
Principal Secpptayies ,of.State, is to give, the, necessary; directions, herein.:
Aljiebic Eitzboy.