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Objects and Reasons.
1. The Boy Scouts Association, which was founded in the year 1908 by Sir Robert Baden-Powell, was incorporated by Royal Charter on the 4th January, 1912. His Majesty the King is Patron of the Associ- ation, and Sir Robert Baden-Powell is Chief Scout. As is well known, local associations have been formed all over the British Empire. In the case of branches organized in the dominions and in the Colonies, Chief Scouts or Chief Commissioners are appointed. His Excellency the Governor is the Chief Scout of the Hong Kong Branch, the Honourable Mr. R. H、 Kotewall, C.M.G., LL.D., is President, and the Reverend G. T. Waldegrave is Commissioner.
2. The great success of this movement is a temptation to the formation of small local associations, copying the titles and badges of the original movement, but not subject to the organization and strict discipline of the now wide-spread Boy Sconts Association. One of the two main objects of this bill is to protect the original Boy Scouts Association and its Hong Kong Branch from any such imitations in this Colony. Similar pro- tection has been given to the Boy Scouts Association in the Straits Settlements by Ordinance No. 10 of 1926, of that Colony. The other main object of the bill is to incorporate the Hong Kong Branch. The Head- quarters of the Boy Scouts Association state that the majority of the oversea branches have obtained local incorporation Ordinances.
3. Section 3 of the Ordinance provides that no person other than the Hong Kong Branch of the Boy Scouts Association shall sell or distribute any badge adopted by the Association, or any badge containing the word
Scout" or containing the Chinese characters which have been adopted as the Chinese title of the Associ- ation.
4. Section 4 prohibits the unauthorized possession of any such badge as is referred to in the preceding paragraph.
5. Section prohibits the possession of any device which so closely resemble any badge adopted by the Association as to lead to the belief that the device in question is an authorized badge of the Association. This section is based on section 1 (3) of the Chartered Association (Protection of Names and Uniforms) Act, 1926, 16 and 17 Geo, 5, c. 26. That sub-section reads as follows:-
(3) Where the use by an association of any name, designation, uniform or badge has been so protected, a person shall not, without the authority of the association, use the name, desig- nation, uniform or badge the use of which is so protected, or any name, designation, uniform, or badge so closely resembling the name, desig- nation, uniform or badge the use of which is protected as to lead to the belief that it is that name, designation, uniform or badge.
The maximum penalty for breach of this provision is a fine of £10. The protection referred to is obtain- ed by an Order in Council. It is understood that this Act was promoted by the Boy Scouts Association. Section 5 also prohibits the possession of any badge, token or emblem containing any words or characters so closely resembling any words or characters ordin- arily used to describe boy scouts as to be calculated to deceive or mislead.