311
100
2. In this case I consider that the special circumstances make it undesirable to impose the above-mentioned restriction, but in other cases the procedure laid down in my Circular despatch under reference should be followed.
3. You will observe that the Nigerian Model Ordinance, a print of which was enclosed with my Circular despatch, carries out the instructions given in my telegram of the 14th November, 1918.*
3060
SIR,
No. 82.
CEYLON.
I have, &c.,
WALTER H. LONG.
THE SECRETARY OF STATE to THE GOVERNOR.
(Confidential.)
[Answered by No. 86.]
Downing Street, 29th January, 1917. I HAVE the honour to acknowledge the receipt of your despatch, No. 761, of the 19th December, 1916,† regarding the liquidation of the business of Messrs. Freudenberg & Company.
2. It is with great regret that I observe that circumstances have apparently made it necessary to extend up to the 31st July the time given to Mrs. Mary de Silva and Mr. Philip de Silva to settle their debts to the firm, thereby preventing the settlement of Messrs. Freudenberg's affairs until after that date. No further extension of this period should be allowed without reference being made to me in the matter.
3. I need not remind you how important it is that all liquidation should be brought to an end before the termination of hostilities, and I trust that you will make arrangements for the final disposal of the business of Messrs. Freudenberg & Company to be expedited as much as possible.
101
initials of the purchaser or such successor) is inserted in the mark or printed in immediate proximity thereto upon all goods on which the mark is used. It should also be stipulated that the German language must not be used on any mark at present comprising words in that language.]
[3. To all except (1): Should you be advised that any statutory authority is required to enable you to enforce stipulations of the kind now suggested, you will, of course, take steps to secure the necessary legislation.]
[2. To (1) only: You will have understood from the previous correspondence on this subject that I consider it undesirable that any action should be taken definitely to cancel enemy-owned trade-marks. If, however,]
[4. To all except (1): I would also call your attention to the fact that if] [To all] in any case an enemy business operating only in the territory under your administration is finally wound up without its trade-marks being sold, there would be no objection in law to the cancellation of any trade-marks belonging to the business and registered in the territory provided that the conditions of ownership, etc., are such that the marks might have been sold in the liquidation: and these should therefore be struck off the register.
[3.] [5.] Where trade-marks belonging to a liquidated firm are for any reason not sold in the liquidation they might at the conclusion of the liquidation be vested in the Custodian of Enemy Property. In this connexion I would refer to paragraphs 5 and 6 of my predecessor's Circular despatch No. 2, of the 31st August,* regarding the disposal of trade-marks registered in the Colony and belonging to enemy firms having no establishment in the Colony. am advised that in the United Kingdom this vesting could be effected under section 4 of the Trading with the Enemy Amendment Act, 1916, without the necessity of further legislation, and that the fact that the goodwill of the business had already been sold need not prevent a vesting order being made.
I have, &c.,
WALTER H. LONG.
I have, &c.,
WALTER H. LONG.
13057
No. 84.
52283
SIE,
No. 83.
THE SECRETARY OF STATE to THE GOVERNORS.
(1) Hong Kong
Straits Settlements.
Gold Coast.
(3) Ceylon.
(5) Sierra Leone.
(6) East Africa Protectorate.
(Miscellaneous.)
(7) Zanzibar.
(8) Nyasaland. (9) Uganda. (10) Jamaica.
(11) Trinidad.
Downing Street, 29th January, 1917.
WITH reference to my predecessor's [(1): telegram of 1st May, 1916‡], [(2) and (3) despatch Miscellaneous of 7th March, 1918§], [(4) to (9): despatch No. [186], [70], [188], [26], [54], [69], of the 14th March, 1916||], [(10) and (11): Confidential despatch of 16th March, 1916], I have the honour to supplement the instructions already given to you with regard to the disposal of trade-marks belonging to liquidated enemy firms.
[2. To all except (1): It is probable that, in many cases, these trade-marks will comprise the name or initials of the enemy firm with a reference to its establish- ment in enemy territory; marks of this kind should only be sold subject to a stipulation that they shall not be used in the territory concerned unless the name or initials of the enemy firm or the reference to the establishment in enemy territory are omitted from the mark, and the name of the purchaser or his successor actually trading in the territory (or in the case where initials only appear in the mark the
| No. 79,
$ 8469. || Nos. 140, 141, and 12544.
* No. 78.
No. 87.
€ 8523.
HONG KONG.
THE GOVERNOR to THE SECRETARY OF STATE.
(Received 6.50 a.m., 10th March, 1917.)
(Paraphrase.)
TELEGRAM.
[Answered by No. 85.]
CLAUSES 9 to 13 of the Nigeria Ordinance enclosed in your Circular despatch (2), 20th December,t are being enacted here. Only five leasehold properties are concerned. One of these is at the Peak, while three, including premises of the Deutsch Asiatische Bank, are situated in Victoria, fourth at Shaukiwan. Market value of the last four would be seriously diminished if sale were restricted to British subjects, the properties being of a class largely held by non-British Chinese. In one case in order to pay liabilities of firm it is essential to obtain best price Moreover there is no military or other public reason for such restriction. In these circumstances I propose to sell the five properties by public auction, reserving approval of purchase to Governor. In my opinion this will give sufficient control Do you approve this course?--MAY.
* No. 04.
+ No. 75.
PUBLIC RECORD OFFICE
9
C.O
Reference:
885/25
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON