t
October 13, 1897.] jealousy. He and his learned brother were of opinion that the rule must be discharged in regard to the three points raised. The evidence as to the first and second points ought clearly to have been available at the trial, and in reference to the third point, which was the most important, their Lordships thought they would not be justified in placing too much reliance on that new evidence. He (the Chief Justice) had felt some doubt in the matter because the truth might be shut out by refusing to receive the evidence, but, on the other hand, the rule in re- gard to the reception of fresh evidence was definite, and it would be very unwise to depart from it. Their Lordships were not satisfied that if this new evidence were taken there would be a reasonable probability of the decision in the court below being changed. Therefore the rule would be discharged with costs.
HONGKONO
GENERAL CHAMBER OF COMMERCE.
At the monthly meeting of the General Com- mittee of the Hongkong General Chamber of Commerce, held at 3 p.m. on Friday, the 8th October-Present: Messrs. R. M. Gray (Chair- man) Herbert Smith (Vice-Chairman), J. J. Bell-Irving, N. J. Ede, T. Jackson, N. A. Siebs, T. H. Whitehead, and R. C. Wilcox (Secretary).
MINUTES.
The minutes of the previous meeting 10th Sept.) were read and confirmed.
THE MAINTENANCE OF THE INTEGRITY
OF BILLS OF LADING,
CHINA OVERLAND TRADE REPORT.
INLAND TAXATION OF FOREIGN GOODS IN
THE TWO KWANG.
In pursuance of a decision previously arrived at, a letter was, on the 28th ult., addressed to H.R.M.'s Minister at Peking, on the practice. in the Two Kwang, of granting monopolies to traders to collect lekin ou certain foreign im. ports, and the desirability of Foreign Consulates being notified of all lekin duties legally leviable on imported goods, so that importers may know to what taxation their goods are subject before they reach the consumer at any given destination.
¡Correspondence.)
REGISTRATION OF TRADE MARKS.
Hongkong, 16th September, The Secretary of the Chamber of Commerce. Sir, We beg to acknowledge receipt of your favour of 10th inst,, from which we are pleased
to note that the trade marks matter will have the further consideration of your committee.
As your Committee has taken up the ques- tion of registation of trade marks, it might be a good opportunity to draw their attention to the very unsatisfactory way in which notice of such intended registration is given to the general public, and they might perhaps see their way to recommend to the Government an alteration of the present system.
For your guidance we beg to enclose several cuttings taken from the local papers and con- taining notices of registration, marked series A and B. You will observe that the advertise- (heldments marked A are facsimiles of the trade marks intended for registration, whilst those marked B only state that a certain firm intends to apply for registration of certain trade marks and articles, without giving a description or facsimile of them. Any one desirous of pro- tecting himself against infringements, or for the sake of keeping on record the trade marks registered in this colony, is compelled to go to the Colonial Secretary's Office to find out whether there is any objection to the registra- tion. This involves a good deal of time wasted and an expenditure of 50 cents on every occa sion. As it is almost impossible to take notice of every registration, and advertisements rela. ting to them might easily be overlooked, it depends entirely on the official in charge of this department to find out whether the same or a similar trademark has already been regis- tered, and it is imaginable that mistakes might If, on the other side, facsimiles easily occur.
Read letter, dated 13th August, from Presi- dent of the General Produce Broker's Associa tion of London, enclosing copy of letter addressed by the Association to the Chamber of Shipping of the United Kingdom urging the importance of maintaining the integrity of bills of lading, requesting the views of the Chamber on the subject, and hoping that it would be brought prominently to notice.
Resolved to reply to the effect that the Com- mittee were of opinion that bills of lading should be properly dated, and that they would have the correspondence circulated among the commercial community.
PROVISIONAL REGULATIONS OF TRADE
ON WEST RIVER.
Read letter from Mr. H. M. Hillier, Com- missioner of Chinese Imperial Maritime Cns- toms, Kowloon, dated 11th ult., forwarding six copies of the Provisional Regulations of trade
on West River for use of Chamber.
Acknowledgment had been sent same date. THE REGISTRATION OF TRADE MARKS. A further letter from Messrs. H. H. Kirch
& Co., on above subject, making a fresh suggestion, had been received and acknowledged, and on the 21st nlto. a letter, in terms of the decision come to at last meeting, was des- patched to the Government.
To this a reply was received on the 7th inst. enclosing copy of a lengthy minute by the Attorney-General, which is still under con. sideration.
BOUNTY TO JAPANESE EXPORTS OF RAW SILK DIRECT.
Read letter from Yokohama General Cham-
ber of Commerce, dated 9th ult., intimating the probability of the Japanese Government, at the next meeting of the Diet, introducing a Bill to abolish the bounty on silk shipped direct by Japanese exporters. PREFERENTIAL DUTIES ON JUNK CARRIED
CARGO.
A letter having, on 19th ult., been received from the Secretary of the Hongkong, Canton, and Macao Steamboat Co., Limited, stating that since the 10th idem, in consequence of pre- ferential duties being accorded by the Hoppo to junk borne cargo, the carriage of waste silk had been entirely directed from the river steamers, correspondence had passed with the British Consul at Canton.
The Chairman gave a résume of the corres- pondence that had passed between the Chamber and Canton and Peking in past years on this mach vexed question, and it was, after some dis- cussion, decided to again address the British Minister at length on the subject, and draw attention to the latest development.
of the trade marks would be published, per- sons interested would at once inform the Co-
just cause for protesting. lonial Government if they thonght they had
You will agree with us that in the present system there is room for improvement, and we trust that your Committee will recommend the Colonial Government to pass a law compelling applicants to publish facsimiles of the trade marks intended for registration when giving
notice thereof in the Government Gazette and the local papers.-Apologising for the trouble, we have the honour to be, sir, your most obedient servants,
H. H. KIRCH & Co.
Hongkong General Chamber of Commerce,
21st September, 1897. Sir, Since the despatch of my letter of the 5th August in reply to yours of the 29th July (No. 1206) forwarding copy of a letter addressed by Messrs. Marsland, Son & Co., of Manchester, to the Right Honourable Secretary of State for the Colonies complaining of an in- fringement of one of their trade marks, this Chamber has been put into possession of the details of such infringement by Messrs. Mars- land, son & Co.'s local agents, Messrs. H. H. Kirch & Co.
It appears from the letter of the last named firm that the local agents of a Belgian firm applied here to register a horse-shoe label on cotton thread. Messrs. H. H. Kirch & Co., at ouce, on behalf of the owners of this brandy and successfully. opposed the registrati u, thereafter registering the brand locally for Messrs. Marsland, Son & Co. This was not accomplished, however, witbont considerable trouble and expense, and hence the anxiety shown by Messrs. Marsland, Son & Co. to secure some amendment in the system of registration.
My committee are not prepared to suggest any scheme of imperial registration embracing the colonies as well as the United Kingdom,
289
on account of the magnitude of the undertak- ing and the great attendant cost of having commensurate departments in such colony, while at the same time it is most desirable that owners of marks for local trade should be able to claim the protection of registration.
The preamble of Ordinance 18 of 1873 leaves the impression that this Ordinance was origin- ally designed more for the protection of trade marks which were already registered in the United Kingdom than for new marks solely registered in Hongkong, but it also covers the latter, and this case of Messrs. Marsland, Son & Co. raises the question of the value of local registration vis-à-via registration in the United Kingdom.
My Committee are of opinion that, al thongh the former may be accepted as primà faci evidence of ownership of a trade mark, it should be clearly laid down that registration in the United Kingdom, prior to the registra- tion of such mark in Hongkong, would con- stitute the real ownership thereof in this colony, for the classes under which such trade mark is registered, as much as in the United Kingdom, and they therefore respectfully request that this opinion may be submitted to the Attorney-General for corroboration or: otherwise, so that it may be formally laid down. My Committee would also suggest that for the due protection of marks originated for local industries it should be laid down that
any trade mark. for the registration of which application has been made in Hongkong before the date of registration in the United Kingdom, should have the prior right in this colony.
Further, my Committee beg to suggest that in all future cases of registration it be made incumbent on the person effecting such re- gistration to publish illustrations and des- scriptions of trade marks registered, together
with the usual notice in the Government Gazette as required in paragraph 5 of Ordinance 16 of 1873.-I have the honour to be, sir, your most
obedient servant,
R. CHATTERTON WILCOX, Secretary. Hon. J. H. Stewart Lockhart, Colonial Secre-
tary.
THE WRECK OF THE "NAMOA,”
Messrs. Douglas Lapraik and Co, agents for the Douglas Steamship Company, Limited, have received further news of the wrecked steamer Namoa. The following telegram, dated October. 5th, 1.40 p.m., was sent over the Imperial Chi- nese line from Pagoda:-
Four of native crew drowned through boats. capsizing in surf. Carpenter, third greaser, punkah boy, chief engineer's boy. Cannot say how many Chinese passengers drowned, but six- teen missing, including native saloon passenger from Amoy. Hall proceeding to wreck to-day in Chinese gunboat. Mails, ship's papers, every- thing lost."
Another telegram from Foochow, October 5th, 6.20 p.m., reads as follows:-
"Hall and Vice-Consul left to-day in a Chinese gunboat for the wreck, which is totally sub. merged. High water washed the decks and swept bull on rocks whilst trying to beach one mile from mainland, Fairway Channel, south of Cow's. Horn. Very remote chance of any salvage. Position exposed. No prospects of saving hull.'
On 7th Oct. the Douglas Steamship Company received a telegram from Foochow stating that on Wednesday the Haitan passed close to- the scene of the wreck of the Namoa, but no trace of the steamer could be seen, although Captain the laitan coasted for three miles. Hall and the Vice-Consul had not returned to Foochow when the telegram was despatched. The crew of the Namoa left Foochow for Hongkong in the Haitun on 8th Oct.
On 8th-Oct, the following telegram was re- ceived by the Douglas Steamship Company: Foochow, October 8, 12.12 p.m.
44
1
Hall returned., Ship total wreck. Nothing can be saved. Decks awash at low water. Ship struck ni nwn rock between Fairway Island and Brow Lock. Hall leaving by German
mail."
The following telegram has been received by the Postmaster-General from the Postal Agent at Foochow with referrence to mails despatched Fooohow, 7th October---- by steamer Namoa :—