October 17, 1904.]
entered into by which ocean transport is secured. The position and prospects of the Nederlandsch Indische Industrie en Handel Maatschappij have very materially improved. The production of crude oil from the Borneo fields during 1903 was 153,486 tons, as compared with 122,600 tons during 1902. The production for 1904 to August 27 has been 186,359 tons. made up of approximately 53,000 tons during the first three months and about 133,000 tons during the following (about) five months. With the object of more conveniently defining the financial relations between the two Com- panies, it has been decided to place the indebted- ness of the Nederlandsch Indische Industrie en Handel Maatschappij to the Company in the form of Bonds bearing interest at 5 per cent. per annum, repayable from time to time by the Nederlandsch Indische Industrie en Handel Maatschappij, as its funds permit. In addition, a scheme of amortisation, which is thought to be more in accordance with the conditions, has been adopted.
HONGKONG STEAM WATER
BOAT CO., LD.
EXTRAORDINARY MEETING.
An extraordinary general meeting of the Hongkong Steam Water Boat Co., Ld.. was held on the 10th inst. in the offices of the Company. Mr. Chau Siu Ki (chairman) presided, and there were also present Messrs. Francisco Tse Yat (consulting commi.tee). J. W. Kew (maną. ger), G. C. Moxon, Dr. . T. Kew, and Mr. H. J. Gedge (solicitor to the Company).
The MANAGER having read the notice calling the meeting.
The CHAIRMAN said-Gentlemen.-I cannot add anything further to what I said at the last meeting, and I now propose that the following resolutions which were passed at the extra- ordinary general meeting held by this Company on the 2nd day of September, 1901, be now confirmed.
Mr. G. C. Moxon seconded the motion, and it was carried unanimously.
The CHAIRMAN-This concludes the business, gentlemen. Thank you for your attendance.
CHINESE ENGINEERING AND MINING COMPANY, LD.
The report for the year ended February th states that the profit and loss account, after providing for interest on the debenture issue. the sum of £10,000 attributable to the year in respect of the redemption of debentures, and the expenses of administration in Europe. shows a balance of £107,502. including £2,119 brought forward. Out of this sum, £4,682 has been written off preliminary expenses, thus closing that account, and £20,000 has been transferred to the reserve for depreciation account, leaving an available balance of £82,820. The board propose that a dividend be declared of 7 per cent. on the share capital, which will absorb £75.000, leaving a balance of £7,820 to be carried forward. subject to provision being made for income-tax. The sales of coal showed a satisfactory increase over those of the previous year both in tonnage and value, and the board are pleased to be able to state that the sales from February last down to the present time show a further increase in both respects.
CANTON-HANKOW RAILWAY.
Replying to a long article in the Times, Mr. W. Pritchard-Morgan, M.P., at the Korean Consulate-General in London, wrote: The very interesting special article of your Shanghai Correspondent, headed Canton-Hankow Railway," throws much light upon the original intentions of the Chinese Government with regard to railways in China.
•
Your Correspondent says:-* When, at the close of 18 6, the construction of the northern line from Peking to Hankow was successfully urged upon the Throne by Chang Chih-tung and Sheng Ta-jen, the original intention of the Toung-li-Yamên was to build it with Chinese capital."
I enclose you a copy of a power of attorney by which you will see that on September
CHINA OVERLAND TRADE REPORT.
2, 1896, within a very few days of Li Haug Chang's leaving England, he authorized me to negotiate a loan in England for ten milions sterling for the purpose of building that railway. Both the Foreign Office and a great financial house in the City were made aware of that fact. so that England had an opportunity of control. ling the first. and beyond all question, the most important railway in China.
This is a link in the story of railway building in China which perhaps you may deem worthy to be made known to those of your readers who are students of the Far Eastern question.
Perhaps when history comes to be written it will be discovered that Li Hung Chang would have preferred doing financial busines with England to any other country.'
L'Ambassade Imperiale de Chine. To all to whom it may concern. I, Li Hung Chang, &c., &c., hereby nominate and app int William Pritchard Morgan of No. 1 Queen Vic- toria Street and of No. 4 Whitehall Court, Lond, Esquire, Member of Parliament to act for me and for the Chinese Government to negociate a loan
for Five Millions sterling in the first instance and for Five Millions sterling afterwar is for the purpose of building railways in China upon such terms and upon such conditions as he, William Pritchard Morgan may consider advisable but he has no power to conclude any such negociations without my express consent and permission. The maximum interest not to exceed three and a half per cen: the railway to serve as security and the Government guarantee payment of io- terest and principal in thirty years-in the event of the Railway Co. failing to pay-the securi y of the bondholders to be discharged and the r il- way to belong to the Chinese Government.
Seal
(Si ned) Lt Hung Chang.
283
solely to the translation made by Mr J. W. Jamieson copy of which I have the honour to enclose.
I think it of importance that this should be mentioned as there are other translations, emanating from official sources which differ in some respect from that which has been laid before this Chamber, and it is possible that some of the clauses rhich now appear ambiguous, may be capable of explanation in this way.
The grounds on which the request for post- ponement is based are, that further consideration is deemed advisable on the following points, and that as many firms and individuals here are acting as Agents for others in Europe, there is not sufficient time before 23rd October for those so situated to consult their principals and to receive their instructions.
The Registrar.-It is not stated in the Re- gulations whether this official is to be a Chinese or a Foreigner, nor is any provision made for appeal against the Registrar's ruling to s higher authority-a reconsideration of ruling by the Registrar himself only being referred
to in the scale of Fees.
This Chamber respectfully urges the import- ance of the Registrar being a Foreigner who shall be an expert in the matter of Trade Marks, and the desirability of Appeal from the Registrar's ruling to the Foreign Ministers at Peking.
Language. The Regulations, as they stand, require that Foreign Applications be accompani ed by Chinese translations. This Chamber is of opinion that Foreign Correspondence should be admitted in the English language only for the following reasons:----
(a) According to Clause VII of the British Treaty 1902, the Registration Offices are to be under the Imperial Maritime Customs. In all Dat-d at New York this second day of Sep-Departments of the Customs, English is the tember 1896.
Wines Chile en Tantai Lo Feng Luh K CV.
SHANGHAI GENERAL CHAMBER OF COMMERCE.
TRADE MARKS REGULATIONS. As the outcome of the deliberations of the sub-Committee appointed by the Special General Meeting held on 22nd inst.. the follow- ing letter has been forwarded to the British Minister, through H.B.M.'s Consul-General, Sir Pelham Warren. K C.M.G., and is GOW published for general information.
LESLIE J. Cunitt. Secretary. Shanghai, 30th September, 1994.
To His Excellency.
SIR ERNEST SATOW, G.C.M.G..
H.B.M.'s Minister Plenipotentiary.,
Peking.
Your Excellency.-I have now the honour to lay before you in detail, the views of this Cham- ber regarding the Provisional Regulations for the Registration of Trade Marks, which Regulations were submitted to the considera. tion of a Special General Meeting of Members! on 22nd inst. A copy of the Minutes of that meeting is enclosed herewith for reference.
The convening of that Meeting had its origin in the receipt by this Chamber of a communica- tion from Mr. J. W. Jamieson, H. B. M.'s Com- mercial Attaché, stating that he had received a telegram from Your Excellency to the effect that, regarding the postponement of the coming into force of the Regulations for six months, as requested by this Chamber and other Com- mercial Bodies, you would find yourself in a better position to formulate a request to the Chinese Government, were you placed in possession of the views held by the Chamber of Commerce and other Commercial Bodies on the various points requiring, in their opinion, further consideration, and should you consider them of sufficient importance to warrant a re- opening of the question.
I beg to say by way of preface, that there is no feeling of antagonism among the mercantile community here on the subject of Trade Marks legislation generally-on the contrary, the desire is as strong as ever, to have the provisions of Clause VII of the British Treaty of 1902 given effect to by an effective system of re- gistration at a reasonable fee. I would also add that, in reading the Regulations and criticising them this Chamber has adhered
universal Anguage for the transaction of business with foreigners, and there would appear to be no sufficient reason why an excep- tion should be made in respect of the Registrar's Department-more especially as the staff will be foreign and English is the one langrage common to all the nationalities of which the Customs staff is composed.
(b.) The Applicant would be entirely in the hands of his translator in making his application and might subsequently find that the Registrar would not accept his translation as correctly conveying his intentions at the time of Registra
tion.'
(c) The applicant would be put to consider- able expense in the matter of translat ons.
Head Ofice and Branch Offices.—While this Chamber would view with satisfaction the establishment of the Head Office at Shanghai, as being the commercial centre for Foreign Trade, it is of opinion that failing this, it is essential, in order to avoid delay, that the Shanghai (ffice be empowered to issue Certificates and transact business connecte with Trade Marks generally, subject to veto by the Head Office at Peking.
Scule of Fees.-It is the unanimous opinion of the Members of this Chamber that the scale of fees is contrary to the spirit of Clause VII of the British Treaty 1902, which stipulates that Foreign Trade-marks may be registered at a reasonable fee. It is also defective in omitting to state whether the fees, as stated, are payable for registration in each class, or constitute an inclusive payment for one mark in all classes at the option of the Applicant.
In this connection. I may state that there is considerable doubt as to the interpretation of Regulation 11 and Detailed Rule 21. These two paragraphs appear to impose upon Firms making any change in their partnership arrange- ments, the necessity of paying Tls. 20 per mark for the recording of each such change.
As the admission and retirement of partners of such frequent in Firms in China are occurrence, this regulation would involve a very serious outlay and would, for this reason, call for a strong protest on the part of this Chamber.
t
On the other hand, if this is not the inten- tion of the Regulations, an amendment of the wording in order to obviate any possible mis- conception on the point, is held to be important.
Protection of Marks Registered Abroad and Marks that have been used in China for o er two years prior to the Application for Registra- tion,-Regulations 8, 19, and 21 contain the