applicant, or to which he is, or may be, liable upon such terms as it may think fit. (6) The provisions of this article shall only apply to shares issued by a China Company after the date when this Order comes into effect. 14. (1) No China Company limited by guarantee shall be allowed to operate in China without the consent of the Minister. (2) As a condition of this consent the Minister may require that no person other than a British Subject shall be a Member of the Company, or that any Member of the Company who is not a British Subject shall deposit in Court or give security for or conform to such arrangement as the Minister shall think fit, for ensuring the payment of the amount for which he would be liable under the guarantee. (3) If any China Company limited by guarantee operates in China without the consent of the Minister, or if any terms imposed by him as a condition of his consent are not complied with, the Company and every Director, or Manager, Secretary, and other Officer, who is knowingly a party thereto, shall be guilty of an offence, and shall be liable to a fine not exceeding 500 dollars for every day during which such offence continues. (4) Where on application made it is established to the satisfaction of the Court that there has been a failure to comply with the provisions of this article through inadvertence or accidental miscalculation or from some other reasonable cause, and not from any want of good faith, the Court may, if under all the circumstances it considers it just so to do, give relief from any forfeiture or penalty which has been incurred by the applicant, or to which he is, or may be, liable upon such terms as it may think fit. (5) The provisions of this article shall not apply to China Companies limited by guarantee operating in China at the date of this Order. 15.-(1) Subject to the provisions of this Order, the jurisdiction of the Court in respect of all British Companies 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 16 of the Companies Amendment Ordinance 1913, 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 Hong Kong which does not apply within the limits of this Order, such Section shall be read as though the corresponding law or enactment applicable in England were referred to therein. (3) The duties of the Governor, or of the Governor in Council, or of the Colonial Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall, 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 Ordinances "legal practitioner" is substituted for "counsel" or "solicitor" or "solicitor and counsel," and "such newspaper as the 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 Hong Kong 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 Hong Kong. 18. Nothing in this Order shall prejudice or affect the jurisdiction of the Supreme Court over British Companies other than China Companies and Hong Kong 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, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein. ALMERIC FITZROY. COLOMBIA. LIST OF WITHDRAWALS from the Treaty of Commerce of February 16, 1866,* between Great Britain and Colombia. Withdrawals. Australia.. April 15, 1913.† Papua ACCESSION OF COLOMBIA to the International Convention of June 7, 1905, for the creation of an International Agricultural Institute. Colombia Accession. January 1, 1914. COSTA RICA. LIST OF WITHDRAWALS from the Commercial Treaty of November 27, 1849,§ between Great Britain and Costa Rica. PROTOCOL between Great Britain and Costa Rica respecting the application of the Treaty of Commerce of November 27, 1849, to certain parts of His Britannic Majesty's Dominions. Signed at Panamá, August 18, 1913.* WHEREAS the commercial relations between the British Empire and the Republic of Costa Rica are regulated by the Treaty of Friendship, Commerce, and Navigation of November 27, 1849; and whereas it is desirable to make further provision with regard to the application of the said Treaty to certain parts of His Britannic Majesty's dominions, viz., the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and the Colony of Newfoundland; the Government of His Britannic Majesty and the Government of Costa Rica hereby agree that either of the Contracting Parties shall have the right to terminate the said Treaty with respect to any or all of the above-mentioned dominions at any time on giving twelve months' notice to that effect. It is further agreed that should the said Treaty cease, in pursuance of this Protocol, to be applicable to the Commonwealth of Australia, it shall also cease to be applicable to Papua and Norfolk Island, if so desired by either of the Contracting Parties. In witness whereof, we, Claude Coventry Mallet, Knight, Companion of the Most Distinguished Order of St. Michael and St. George, Minister Resident of His Britannic Majesty to Costa Rica, and Humberto Vaglio M., Consul-General of Costa Rica in Panamá, duly authorized by our respective Governments, have signed and sealed the present Protocol in the city of Panamá, on the 18th day of August, in the year 1913. (L.S.) C. MALLET. (L.S.) HUM. VAGLIO M. Signed also in Spanish. † See Vol. 8, page 133. DENMARK. LIST OF WITHDRAWALS from the Treaties of Commerce of February 13, 1660-1,* and July 11, 1670,† between Great Britain and Denmark. Withdrawals. Australia.. Norfolk Island February 7, 1914.‡ Papua RATIFICATION by Denmark of the International Copyright Convention signed at Berlin, November 13, 1908. July 1, 1912. HIS Britannic Majesty's Minister at Berne has received from the Swiss Government a notification in the following terms with regard to the ratification by His Majesty the King of Denmark of the International Convention for the Protection of Literary and Artistic Works, signed at Berlin the 13th November, 1908.§ "Par note du 28 juin, 1912, le Ministère des Affaires Étrangères du Royaume de Danemark nous a transmis l'acte par lequel le Danemark ratifie la Convention de Berne revisée du 13 novembre, 1908, et nous a fait savoir qu'elle exercera ses effets pour le Royaume et les Iles Féröe, à l'exclusion de l'Islande, du Groenland et des Antilles Danoises, à partir du 1er juillet, 1912, mais avec la réserve suivante faite sur la base de l'article 27 de ladite Convention et portant sur son article 9: "En ce qui concerne la reproduction des articles de journaux et de recueils périodiques, au lieu d'adhérer à l'article 9 de ladite Convention revisée du 13 novembre, 1908, le Gouvernement Royal de Danemark entend rester lié par article 7|| de la Convention de Berne du 9 septembre, 1886, tel que celui-ci a été modifié en vertu de l'article 1er (No. 4)¶ de l'Acte Additionnel signé à Paris le 4 mai, 1896." See Vol. 1, page 179. Date of Notification. With effect from February 8, 1915. § See Vol. 26, page 287. See Vol. 20, page 625. † See Vol. 1, page 186. See Vol. 17, page 572. |
