3. Section 5 of the Amending Ordinance is hereby Amends amended as follows:-
section 5 of Ordinance
1909.
(a.) In sub-section (1) by the substitution of No. 22 of
the word and figure sub-section (2)" for the words and figures sub-sections (2) and (3)", and by the substitution of the words "in force on the 13th day of August, 1909," for the words "now in force".
(.) By the repeal of sub-section (2). (c) By the re-numbering of sub-section (3) so as to read (2), and by the addition at the end thereof of the following provisoes :-
- Provided that an order of revocation made Limitation
on revoca-
Hongkong.
under section 27 of the Act of the Imperial tion in Parliament 7 Edward VII
cap. 29 (The Patents and Designs Act 1907) shall not operate so as to revoke or to constitute a ground for revocation of any Letters Patent granted in this Colony under this Ordin- ance and provided also that Letters Patent granted in this Colony shall not be revoked solely on the ground that the patented article or process is manufactured or ear- ried on exclusively or mainly outside the Colony if it is manufactured or carried on exclusively or mainly in the United King- dom or in any British Possession.”
4. Section 6 of the Amending Ordinance is hereby Amends amended by the deletion of all the words after the section 6 of
Ordinance word "thereof " in line 3 to the end of the section, and
No. 22 of the words " Governor-iu-Council · in the Principal 1909. Ordinance thereby changed to the word “Governor are hereby restored,
55
5. Section 8 of the Amending Ordinance is hereby Amends amended as follows:-
section 8 of Ordinance
In section 12 by the substitution of the words No. 22 of
** Governor-in-Council" for the word “Go- 1909. vernor "throughout the said section.
Repeals sections 3 and
7 of Ordin-
6. Sections 3 and 7 of the Amending Ordinance are hereby repealed and the words thereby deleted from sections 3 and 8 of the Principal Ordinance are hereby ance No. restored.
Objects and Reasons.
These amendments in the Patents Ordinances are undertaken in consequence of instructions received from His Majesty's Principal Secretary of State for the Colonies. The 13th August, 1909, was the date of the passing of Ordinance No. 22 of 1909 but as that was an amending Ordinance to be read and construed with Ordinance No. 2 of 1892 the use of the words "under the provisions of such statutes as are now in force in the United Kingdom" were confusing as it was intended to include the Imperial Act of 1907. The first proviso is inserted because His Majesty's Secretary of State after consultation with the Board of Trade has decided that patents in Crown Colonies should not necessarily he revocable as a result of revocation in the United Kingdom. The second proviso is adapted to the needs of the Colony. The English Act enforces the manu- facture of patented articles in England. The Colony is a centre of Colonial Trade but few articles are manu- factured here; and to revoke the local patents on articles manufactured in the Empire, which are not also manufactured locally, would be to destroy the value of local patents and to sacrifice the spirit of the Imperial Act to its letter.
C, G. ALABASTER,
Attorney General.
22 of 1909,