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HONGKONG LEGISLATIVE COUNCIL
out they came to an end, and history cannot go on when the war is over exactly at the same point." At another part of his reply Mr. Runciman said: Our
On
THE ATTORNEY-GENERAL It is im- possible to accept the motion as it stands, because it proposes to do by a mere resolation of this Council what can only own national and commercial interests
be done by formal legislation. It is im- must in all these matters be the first, and, so far as we are concerned, our only possible to deal with rights of property in this arbitrary and summary way. guide.
I am not prepared, how-
That, of course, is a defect which might evar, to wait until peace is declared for easily be amended by altering the terms With referene of the resolution. I refer to it because that process to begin. to the question whether this Colony
it Brems to ne to be significant should take the lead or not, 1 also read
as indicating the mental attitude, if I a very interesting statement in the
inay say so with all respect, of the Weekly Times which showed how, under framers of the motion. I do not think that the auspices of the learned Attorney-
they quite realise the importance of the General, this Colony took the lead in
rights of property which they propose to certain legislation, and how much it was
den with, or the far-reaching issues of appreciated. I will read an extract,
the action they suggest. As to the secona This says: "It is particularly interest-
part of the motion, I should like it to ing to turn the leaves of the Journal of be understood that the position which the Society of Comparative Legislation the resolution aims at creating already and to find how, in more than one exists in this Colong, The second part instance, the Dominions and Colonies of the resolution asks that legislation have proved to be
alert than should be introduced to make it more thr Mother Country in coping, by offence to apply to any goods any trade means of legislation, with dangers mark identical with or resembling an Well, that is the to the common weal, and how they have enemy trade mark. done their work with greater dispatch, position here to-day. At present nobody vigour and sagacity. Attention has been can use an enemy mark, and there was a drawn already in The Times to the prosecution on the point only the other rapidity with which the Australian Con- day against a person who was using an monwealth dealt with companies in
imitation of one of these enemy marks. #uenced or controlled by enemy subjects. Enemy marks are for all practical pur- This Journal gives many similar a
poses suspended here, just as they are in Australia. Coming to the more sub- stances of the thoroughness which has marked the conduct of the Dominions like to mention two considerations which stantial part of the question. I would
and Colonies since the outbreak of war.
Brem to me to show that the motion, even To take another example from these
in the amended form in which ! sug- pages. Hongkong in November, 1914,
gest it might be framed, would he ill- passed an Ordinance which made the
conceived, I think that before I go fur- termalien enemy "include "every firm
ther I ought to explain that though I am which has, or which at any time since the speaking at the moment on behalf of the outbreak of war has had, a partner or Government of this Colony as at present an office in the territory of any Sovereign advised I have
Go authority to of State that is at war with his make any statement on behalf of His Majesty.' We have there striking testi- Majesty's Government, and any views I mony of the fact that the self-Governing may
express must not be taken as Dominions have led the way in legisla- necessarily
those of the Imperial t'on, and that this Colony has
authorities. The first consideration also taken lead where it
is that this is an international thought to be required. In this question, and bring one of that present case we have a strong body of
nature it naturally
with experts to guide us with their opinions which this Government cannot attempt as to what is desirable, and we should to deal. The other consideration in that not hesitate to again take the lead. The it is an Imperial question. The legis
lation advocated in the resolution has representatives of the Hongkong Cham- ber of Commerce may be accepted as not been adopted in any part of the Bri- absolutely competent to judge as to what tish Empire. It has not been adopted in is required in the interests of the trade the United Kingdom, or in Australia, of this Colony.
in even
Germany. No
doubt
常
&
was
or
is
one
HONGKONG LEGISLATIVE COUNCIL
the reason why the German authorities have not attacked this particular form of property is that it is not to their interest to do so. And I would ask the hon, member who proposes this resolu- tion to consider very carefully whether
case
31
pretend to posses, and I think it would be presumptuous on our part to dictato to His Majesty's Government on this subject.
HON.
MR. HOLYOAK In reply to
it might not be against our interests to what has fallen from my learned freind attack German trade marks here. The the Attorney-General, I may say that hop. member referred to the
of my resolution was proposed in the Australia. It is quite true that legis- ¦ anticipation that if it were passed lation has been introduced and passed by the Council the inevitable corollary in Australia which has the effect of sus- would be an Ordinance. The resolution pending the use of enemy trade marks is merely a meas to an end. The in the Commonwealth. Suspension. Attorney General says that means have however, is a very different thing from already been found for preventing the confiscation. I think the effect of the
use of German trade marks in this Australian legislation is to suspend the 1162 of enemy trade marks for the duration of the war, and, as I have said before, that is the position here at the present moment. Not only has this policy of confiscation of private property not been adopted in the United Kingdom, but His Majesty's Government in Nov- ember, 1914, and again in December, 1915, issued a general licence for the payment of fees on behalf of enemies for the
in
u8 no
purpose of obtaining the registration of trade marks and for the purpose of re- newing the registration of trade marks. I would also like to point out what seems to be more or less lost sight of, and that is. the very wide distinction between trade measures which help us in the war and trade measures which are advocated as a means of avoiding German competi- tion after the war, and the policy to be adopted for avoiding undesirable Ger- man dominance. There is a distinction between those things which help us the war and those which give help at all in that direction. The measures adopted in the United Kingdom and elsewhere with regard to enemy trade are all based on the idea of endea- vouring to weaken the enemy's resources during the war. The policy aimed at in this resolution will not help us in the slightest in the war and is entirely a post-war measure, and the Imperial Government have so far refused to bind themselves as to their post-war trade policy. That being so, I think it would be very unwise for this Colony to endea vour to force their hands. In view of these Imperial and international con siderations. I think, Sir, that the Gov- accept the motion. The question will no doubt be considered in due course by minds with a far wider and deeper knowledge of the facts and issues involved than any of us here can
*rnment
cannot
Colony or any imitation of them. I am well aware of that. A prosecution is now going on. The Attorney-General said that this was a matter which should be left to the future, and that is precisely the reply I expected this Government to make, that this question cannot be settled until after the war and must be left to future consideration, and I have no hesitation in saying that the future will find us in the same state of unpre- Paredness as we were at the commencement of the war, in regard to our trade policy. The Government wants to leave all ques- tions of economic and fiscal reform until peace is declared. I contend that this is a thing which should be brought up at the present moment and be fully con- sidered, and, if thought fit. legislated upon by the Imperial Government. My resolution was really proposed in the hope that we should be able to
force upon the Imperial authorities at Home a question which we in Hongkong con- sider to be absolutely vital to British trade.
His EXCELENCY – If it is, as the hon. member who moved the resolution stated, that he did so with the idea of helping the Home Government, then I trust be will quite sympathise with the Govern- ment when they say that they cannot accept the resolution. Very hard words have been used regarding the action which the Government has indicated it will have to take in this matter, namely, to refuse the resolution, and I do not think that those hard words are justified when we learn what the intention of the hon. member who moved the resolution is. What we are asked to do is to fly in the face of His Majesty's Government. The question of trade marks has been brought up by the Chamber of Commerce and the views of the Chamber of Commerce have
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