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THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1873.
Entries in
Evidence.
VII. From and after the Registration of a Trade Mark, all Register and Entries in the Register of Trade Marks and all Athidavits filed in Affidavits to be the Office of the Colonial Secretary under this Ordinance, or an prima facie Office Copy of any such Affidavit, or of any such Entry in the Register certified under the Hand of the Colonial Secretary shall be admitted in all Legal Proceedings whatever, Civil or Criminal, as primâ, facie Evidence of the Truth and Correctness of the Con- tents thereof respectively, and of the Right therein appearing of the Deponent solely or jointly with others, as the Case may be, to the exclusive Use of the Trade Mark therein referred to.
Power to
VIII. It shall be lawful for the Governor in Council, at any cancel Regis- Time and on such Grounds as he shall think sufficient, to cancel the Registration of any Trade Mark under this Ordinance.
tration.
Ordinances to
be construed together.
*Title.
Preamble.
Short Title.
Interpretation Clause.
Power to erect
&c.
Power to raise
IX. This Ordinance and "The Merchandize Marks Ordinance, 1863," shall be read together and construed for all Purposes as One Ordinance.
Statement of Objects and Reasons.
This Bill has been prepared with the object of remedying the difficulty which is experienced in proving a Trade Mark and the exclusive right to its use, in legal proceedings instituted under "The Merchandize Marks Ordinance, 1863."
That Ordinauce is an exact transcript of "The Merchandize Marks Act (25 & 26 Vic., c. 88). In England, proceedings under the Imperial Act are not attended with difficulty, as the actual Prosecutors or Plaintiff's are on the spot to give evidence, whereas in Hongkong, proceedings are always instituted by Agents on behalf of the persons interested in the Trade Mark, who in all cases reside out of the Colony.
In Chancery proceedings, the necessary evidence can be adduced by Affidavits obtained from England. but in actions at Law and in Criminal proceedings, Affidavits are not receivable in evidence. An old established Firm in this Colony are agents for the sale of an article of very large consumption, namely, "Hubbuck's Oil," and they failed in a prosecution not long since by reason of their inability to prove the Trade Mark.
There is no doubt that large quantities of spurious Liquors are sold in the Colony as Bass's and Allsopp's Ales, Hennessy's Brandy, and that other well-known Trade Marks are counterfeited. The Police not long since laid their hands upon a Chinese shop and seized implements for the fraudulent imitation of Trade Marks, and the manufacture of capsules for corks. The Offenders effected their escape, but no less than 1,248 dozen, and several casks of spurious Ale, bearing the Trade Marks of Bass & Co., and of Cameron & Saunders, were fortunately seized and destroyed.
J. PAUNCEFOTE,
Attorney General.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to establish Lighthouses, Buoys, or Beacons in any of the Harbors of the Colony and the Approaches thereto.
[
, 1873.]
HEREAS it is expedient to erect Lighthouses, Buoys, or
WBeacons in the Harbors of the Colony and the Approaches
thereto, and to levy Dues in respect thereof: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
I. This Ordinance may be cited as The Hongkong Light- houses Ordinance, 1873."
II. In the Construction of this Ordinance, the Term " "Light- houses" shall, in addition to the ordinary Meaning of the Word, include floating and other Lights exhibited for the Guidance of Ships, and the Terms "Buoys and Beacons" shall include all other Marks and Signs of the Sea.
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The Teric 'Master" shall include every Person (except a
Phot) having Command or Charge of any Ship.
The Term "Ship" shall include every description of Vessel
used in Navigation not propelled by Oars."
III. It shall be lawful for the Governor to erect and maintain Lighthouses, in any of the Harbors of the Colony and the Approaches thereto, such Lighthouses, Buoys, or Beacons as the Governor in Council shall think necessary to be exhibited for the Guidance of Ships.
IV. It shall be lawful for the Governor, from Time to Time, with the Assent of the Legislative Council, to raise by way of Public Loan upon the Security of the General Revenues of the Colony such Sums of Money as may be necessary for the Purposes aforesaid, and every Loan so raised shall be a Charge upon the said Colonial Revenue.
necessary Funds by Public Loan.