31
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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 own national and commercial interests musi in all these matters be the first, and, so far as we are concerned, our only guide.
I am not prepared, how- ever, to wait until peace is declared for that process to begin," With referene to the question whether this Colony should take the lead or not, I also read in the a very interesting statement Weekly Times which showed how, under the auspices of the learned Attorney General, this Colony took the lead in certain legislation, and how much it was appreciated. I will read an extract. This says:
It is particularly interest- ing to turn the leaves of the Journal of the Society of Comparative Legislation and to find how, in more than one instance, the Dominions and Colonies have proved to be
alert than the Mother Country in coping, by with dangers of legislation, to the common weal, and how they have done their work with greater dispatch, vigour and sagacity. Attention has been drawn already in The Times to the rapidity with which the Australian Com monwealth dealt with companies in- fluenced or controlled by enemy subjects. This Journal gives many similar in- stances of the thoroughness which bas marked the conduct of the Dominions and Colonies since the outbreak of war. To take another example from these pages, Hongkong in November, 1914, passed an Ordinance which made the term “alien enemy" include "every firm which has, or which at any time since the putbreak of war has had, a partner or an office in the territory of any Sovereign of State that is at
with his
means
more
THE ATTORNEY-GENERAL It is in-
mere
possible to accept the motion as it stands, because it proposes to do by a resolution of this Council what can only be done by formal legislation. It is im- possible to deal with rights of property in this arbitrary and That, of course, is a defect which might easily be amended by altering the terms of the resolution. 1 refer to it because it
to scems
110 to be significant
summary
223.
an
as indicating the mental attitude, if 1 may say so with all respect, of the framers of the motion, I do not think that they quite realise the importance of the rights of property which they propose to deal with, or the far-reaching issues of the action they suggest. As to the secona part of the motion, I should like it to be understood that the position which the resolution aims at creating already exists in this Colony. The second part of the resolution asks that legislation should be introduced to make it offence to apply to any goods any trade mark identical with or resembling an Well, that is the enemy trade mark. position here to-day. At present nobody can use an enemy mark, and there was a prosecution on the point only the other day against a person who was using an imitation of one of these enemy marks. Enemy marks are for all practical pur- poses suspended here, just as they are in Australia. Coming to the more sub- stantial part of the question, I would like to mention two considerations which seem to me to show that the motion, even in the amended form in which I sug- gest it might be framed, would be ill- conceived. I think that before I go fur- ther I ought to explain that though I am speaking at the moment on behalf of the Government of this Colony as at present advised
have I
no authority tu make any statement on behalf of His Majesty. We have there striking testi- | Majesty's Government, and any views I
must not mony of the fact that the self-Governing may express
be taken as those Dominions have led the way in legisla necessarily
of tl Imperial tion. and that this Colony has authorities. The first consideration also taken lead where it was is that this is an international thought
be required. In this question, and being
of unc
that nature it naturally is present case we have a strong body of
one 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 is 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,
No of this Colony.
donibt Germany.
31
to
a
war
or
even
in
HONGKONG LEGISLATIVE COUNCIL.
the reason why the German authorities | pretend to posses, and I think it would be presumptuous on our part to dictate on this have not attacked this particular form
to His Majesty's Government of property is that it is not to their interest to do so. And I would ask the subject. hon. member who proposes this resolu- tion to consider very carefully whether it might not be against our interests to attack German trade marks here. hon. member referred to Australia. It is quite true that legis lation has been introduced and passed in Australia which has the effect of sus- pending the use of enemy trade marks
the case
The
į
THE
that
in
the
HON. MR. HOLYOAK In reply to what has fallen from my learned friend the Attorney-General, I may say that
resolution was proposed
if of anticipation that it were passed by the Council the inevitable corollary would be an Ordinance. The resolution The is merely a
to an end. means Attorney General says that means have the Commonwealth. Suspension. already been found for preventing the use of German trade marks in this however, is a very different thing from
I am confiscation. I think the effect of the Colony or any imitation of them. Australian legislation is to suspend the well aware of that. A prosecution is now use of enemy trade marks for the going on, but surely it is a rather far- duration of the war, and, as I have said fetched method of protecting British before, that is the position here at the interests when we have to prosecute in present moment. Not only has this the name of a German for the illegal policy of confiscation of private property use of an enemy trade mark, and my if carried would prevent not been adopted in the United Kingdom, resolution
The
said but His Majesty's Governmen in Noy that.
Attorney-General ember, 1914, and again in December, 1915, that this was a matter which should be left to the future, and that is precisely issued a general licence for the payment of fees on behalf of enemies for the
the reply I expected this Government to cannot be this question purpose of obtaining the registration of make, trade marks and for the purpose of re-
settled until after the war and must be newing the registration of trade marks. left to future consideration, and I have I would also like to point out what seems no hesitation in saying that the future to be more or less lost sight of, and that will find us in the same state of unpre- is, the very wide distinction between paredness as we were at the commencement trade measures which help us in the war of the war, in regard to our trade policy. and trade measures which are advocated The Government wants to leave all ques- as a means of avoiding German competitions of economie and fiscal reform until 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 in the war and those which give us 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 The 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- motion. cannot accept the 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
ernment
no
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 My upon by the Imperial Government, resolution was really proposed in the to force | hope that we should be able
upon the Imperial authorities at Home a question which we in Hongkong con- sider to he 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 he 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.