November 23, 1908.]
My Committee now learn with much satis- faction that the question has been successfully dealt with by Mr Fox, H. B. M's Acting Consul-General at Canton.
I am directed to add that my Committee greatly appreciate the prompt action taken by Your Excellency in averting what would have been a great injury to British Trade interests. I have &c.
E.. A M. WILLIAMS,
Secretary.
REGISTRATION OF TRADE MARKS AND DESIGNA.
Letter from Government:—
Colonial Secretary's Offier,
Hongkong. 9th Oct.. 1908. Sir, I am directed to state for the informa- tion of your Committee that His Excellency the Governor has under consideration the question of amending the law of this Colony relating to the Registration of Trade Marks (Ord. No. 6 of 1898), and that in this connection a letter lins been received from the China Association re questing that assurance may be given that the protection afforded to British Trade Marks under the proposed Convention between Great Britain and Japan for the mutual protection of their trade marks in China and Korea will extend to marks registered in Hongkong.
2. After careful examination of this subject. His Excellency concludes that it is clearly not, possible for the British Government to extend protection in Japan, China and Korea to marks registered in Hongkong or in other Colonies. unless the Imperial Government itself controls such registration, i.e. unless the marks are registered in the United Kingdom. Otherwise
a mark might be registered in Hongkong either by a British or Non-British Firm, which was the exact fac-simile of a mark registered in the United Kingdom:
and in that CURA the Imperial Government would be pleddgred to extend protection to two identical marks against each other. This difficulty could, however, be overcome by requiring that as, in the case of letters patent, trademarks should not be registered in this Colony until they have
been registered in the United Kingdom.
3. On the other hand it has been represented to His Excellency that the majority of British merchants in Hongkong deprecate the expense and delay which would be involved by prior registration in the United Kingdom; that. as their marks are not used in the United Kingdom registration there is of no use to them; and that all they desire to obtain by registration in Hongkong is the local protection of their trade- marks.
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CHINA OVERLAND TRADE REPORT
365
In paragraph 2 you state that His Excellency | tokens. / Under well-framed regulations such thinks it is not possible for the British Govern- currencies have been found convenient and ment to extend protection in China, Korea and profitable. But it requires years of pre- Japan, to marks registered in Hongkong, or in paration to be ready for such a measure, which other Colonies, unless the Imperial Government can by no means be attained at one step. The itself controls such legislation, i e unless the finances of China are in confusion and the marks are registered in the United Kingdom. staqdardising of the currency is an argent necessity If actual gold coins were to be taken 84 the standard unit. it would be difficult to raise the necessary amount; while if gold were merely taken nominally as the standard unit, grave dangers would be incurred. It is evident therefore that we should firet standardise and render uniform
If this view of the matter be accepted the alternatives with regard to which an opinion is invited have inevitably to be faced, but I amo to point out that there is another view of the mat- ter which affects the question This other view is that registration does not confer a right Rights are conferred by usage. Registration is only one of a number of safeguards to such rights If the latter view is correct there ar. pears to be no good reason why the British | Government should not protect marks registere!
in so far as to accept that registration as evidence in Hongkong, but not in the United Kingdom,
of a claim of prior usage.
4. As His Excellency realizes that in deciding this matter the interests of the local British ] Merchants are entitled to his chief consideration I am to request a definite expression of opinion from your Committee as to whether British Merchants in this Colony desire by registering their marks in Hongkong merely to secure local protection or whether they desire to secure protection in China, Korea and Japan as well. and I am to add that in the latter case Excellency is of opinion that prior registration in the United Kingdom will be indispensable as a condition precedent to registration in Hongkong.-I am, &c.,
The Secretary,
His
F. H. MAY, Colonial Secretary.
Hongkong Chamber of Commerce.
Reply to Government :----
Chamber of Commerce,
Hongkong, 23rd October, 1908.
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the silver currency, and then carefully proceed to take measures for a further advance; with a view to assuring the adoption of a gold standard in the fature
The memorialists have pointed out that the use of the tael sad its fractions has been so long established that it would be difficult to substitute denomination in its place. The Committee of Finance in a previous memorial also recommended the determination of the taal as the silver coin to be used.
We therefore command that a larger silver con shall be struck weighing one K'ap'ing tuel, and that large quantities of silver coins weighing 5 of a Kuping Tael shall also be minted for general convenience in uso. Also
of free candareens, of less pure silver, which there shall be small pieces of one mace and
as subsidiary currency. The two
Thus in the event of the chins of a mark | any other registered by a British subject only in the United Kingdom conflicting with the claims of | a mark registered by a British subject only in Hongkong, it would be possible for the Imperial Government to protect in China the one which could prove rights conferred by prior usage,
The effect would be registration the marks of British subjets in
to protect by local |
China, Korea and Japan, as well as locally, hat to protect the marks of other subjecté only ¦ locally, which seems to meet the mon difficulty rights of prior asage ass Under the impression that this bank of the, silver emtie aforesaid shall be 980 fine, while
upported by the spirit The two shadi silver peres will be 880 fine. regard to the extreme focal ineonvenience of of the English low upon the -nhjøet, and his me compulsory registration in the United Kingdom, iny Committee would recommend that it shoubij not be made a conltion pricelent to registro tion in Hongkong in the new ordinance which His Excolours proposes to elriet
I am. Ac.
E AM WHLEYAMS.
Secretary
Hon Mr. T H. May, CM G. Colonial Seeref iry
THE CURRENCY QUESTION The following let er was read
Colonial Secretary's Office
10th November. 1908 SIR. With reference to my letter 5778 1901 of the 25th August 1904. I am Na
directed to transmit for the information of your Chamber the enclosed copy of a despatch from Sir John Jordan dated the 22nd ultimo I am. &c. Your obedient servant
The Secretary.
FH MAY. Colonial Secretary
Hongkong Chamber of Commerce
British Legation. Peking. 22nd Octoler. 1903 SIR. January last. I have the honour to transmit With reference to my despatch of 8th
herewith to Your Excellency copies of an Imperial Decree issued on October 5th, and of the Memorial of the Government Council upou which it was based ordaining the introduction of an uniform silver currency throughout the Empire of which a coin weighing one K'u Ping
or Treasury tael is to be the unit.
to
I have thought it might be possibly be of use Your Excellency and the Chamber of Commerce to have an authorised translation of these documents.
I have the honour to be, &c.
J. N. JORDAN. His Excellency Sir F. J. D. Lugard. K.C.M.G., C.B., DS.0. Governor and Commander in Chief. Hongkong.
DECREE.
Peking Gazette,
5th October, 1908. An Imperial Decree in response to a memorial of Prince Ching and other Ministers of the Government Council, and of Prince P'u-lun and other Members of the Senate, who, in obedience to our Commands, have deliberated upon the subject of uniform national currency.
SIB, I have to acknowledge the receipt of your letter of the 9th October (No. 2692,1908) | Transintian. stating for the information of my Committee that His Excellency the Governor has under consideration the question of amending the law of this Colony relating to the Registration of Trade Marks, and inviting an expression of opinion as to whether British Merchants in the Colony desire. by registering their marks in Hongkong merely to secure local protection. or whether they desire to secure protection in China, Korea and Japan as well; in which case His Excellency is of opinion that prior registration in the United Kingdom will be indispensable as a condition precedent to registration in Hongkong.
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A standard currency is the fundamental principle of public finance, and various countries have adopted a gold coin as their unit of value, with a subsidiary currency of silver and copper
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STAR
Plane silver currency, except in so far as cal- ulations under Treaties and Agreements with Forenru Powers will require to be made as be- zorg, shall be uniformly used by all Yamena, great or small, i Peking or the Provinces, in an Treat Treasury transactions, and all allowan- ves far difierenew of weight or touch, or meltage Tesis der, der, shail henceforth be perpetually Forfioiden
Les the Governors General and Governors of Procis examine the conditions in their juris- datua and devise means in conjunction with the Tour of Finance for determining afresh, either by increasing or decreasing as the case may be, the allowances and rice money of ter ritorial anthorities and tax-collectors while on duty together with expenditure for travelling on tin public service, and let the rates be
peculations of cierks may be abolished for ever. publi west openly by proclamation so that the
As regards the diversity of silver currency in the various proviness, and the differences of touch, winch rive dishonest traders and market dealers the opportunity for demanding discounts and profits off each transaction, grievous injury as and ted thereby on all classes, and the Board of France is now commanded to issue stringent regulation- forbidding such practices in the future, with the view that in a given number of years the national silver currency may become completely uniform.
Until the new coinage has been minted in sufficient quantities the dollar and subsidiary silver pieces in use in the Provinces, as well as the syree may be used as before, for the time | being, on the market, and treasury payments may still he made in syces for the prosent, but inust year by year be diminished by the substitu- tion of the new silver coinage. On those questions let the Board of Finance carefully consider the circumstances and take satisfactory steps for the execution of this measure.
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Let this Decree be generally circulated in all parts.
Translation
MEMORIAL OF THE GOVERNMENT COUNCIL (HUI I CHENG WỤ CH ̊U) ON THE QUESTION OF A UNIFORM NATIONAL CURRENCY.
The Special Envoy to America, Tang Shao- Yi, having memorialised the Throne on Septem- ber 22nd, praying that effect should be given to all the Articles of the Commercial Treaties, and that the question of currency should be speedily determined, the present memorialists were commanded to deliberate and report thereon without delay.
As the Throne is aware, the question of currency has been considered repeatedly by high authorities in the Capital, and investigated and reported upon by all the Provincial Authorities, Special Memoranda on the subject have also been submitted by Chang Chih-tung,