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THE HONGKONG GOVERNMENT GAZETTE, MARCH 30, 1917.
Goodwill and trade marks vested in
Custodian.
Ordinance No. 40 of 1909. Ordinance No. 4 of 1890.
Ordinance No. 40 of 1909,
Validity of acts of
liquidators.
Protection
18. The following are hereby vested in the Custodian of Enemy Property as from the commencement of this Ordinance :--
(a) The goodwill of every trade formerly carried ou in the Colony by any person who is, or at any time since the 4th day of August, 1914, has been au alien enemy, or by any such person in partnership with any other person, except in so far as any such goodwill may have been validly transferred before the 5th day of August, 1914, to some person who is not, and has not since the 4th day of August, 1914, been, an alien enemy.
(b) All rights whatsoever in respect of any trade mark as defined in the Trade Marks Ordinance, 1909, or in respect of any trade description as defined in the Merchandise Marks Ordinance, 1890, which are vested in or exercisable by any person who is, or at any time since the 4th August, 1914, has been, an alien enemy, or which would be exercisable by any such person but for the existence of a state of war and had he continued to possess such rights up to the commencement of this Ordinance.
(e) Without prejudice to any other provision in this section contained, the goodwill of every trade formerly carried on in the Colony by any person whose affairs are being, or have been, wound up by a liquidator appointed under the principal Ordinance, and all rights whatsoever in respect of any trade mark or trade description used in connection with such goodwill or trade which are vested in or exercisable by any such person or which would be exercisable by any such person but for the existence of a state of war and had he continued to possess such rights up to the commencement of this Ordinance. (d) The goodwill herein referred to shall not, for the purposes of this Ordinance and of vesting the aforesaid rights in the Custodian of Enemy Property, be deemed to have determined by reason of the principal Ordinance or of the existence or continued existence of a state of war or of any circumstances arising therefrom, but the said trade marks shall be deemed to have been lawfully transmitted to the Custo- diau of Enemy Property and shall remain vested in him notwithstanding the actual de- termination of the said goodwill if such good- will have in fact determined or do hereafter determine.
(e) Notwithstanding the provisions of section 30 of the Trade Marks Ordinance, 1909, no such trade mark shall be liable to removal from the register for non-payment of the fee for renewal except by order of the Governor.
(f) Any such trade mark which since the com- mencement of the principal Ordinance has beeu removed from the register for non-payment of the fee for renewal shall be restored to the register and shall be deemed to be a trade mark the rights in respect of which are vested by this Ordinance in the Custodian of Enemy Property.
19. No act of any liquidator appointed under the princi- pal Ordinance to wind up the trade or personal affairs of any person shall be deemed invalid by reason only of the fact that at the time when the act was done such person was not an alien enemy, or had died, or had ceased to exist.
20. No legal proceeding of any kind whatsoever, civil of liquidators or criminal, shall without the permission of the Governor and public
be brought against any liquidator or any public officer in respect of any act or omission connected in any manner whatsoever with any winding up under the Alien Enemies
officers.
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