60
CEYLON.
Mr. Queen's Advocate Selby.-There is no law in
CEYLON.
force in this island by which the power of granting Governor, No. 59, May 23, 1653. Patents within the Colony is possessed by the local authorities; and, 2ndly, by the Ordinance No. 9 of 1852, most of the provisions of the Act to amend the Law of Evidence, 14 & 15 Vict., cap. 99, were extended to this Colony, and the same facilities now exist for proving, in the Colonial Courts, Patents granted in England, as exist in regard to the proof of such documents in the Courts of the mother country.
Executive Council concur in the opinion of the Queen's Advocate, and are further of opinion, that there is no objection to the grant of Patents in England extending to this Colony; and that suffi- cient facilities already exist in the law of this Colony for the proof of such Patents in the Colonial Courts in case of infringement of the inventor's rights.
HONG KONG.
61
sary to extend English Patents to this Colony, the
Governor, No. 30, April 29, 1855. Patent being lodged in the Supreme Court would, I
imagine, fully afford the proof thereof.
The Executive Council concur in the opinion of the Governor.
Mr. Altorney-General Stirling.—With reference to the Circular dated 2nd January, 1853, my opinion is, That no local authority has the power to grant a Patent, but that the end of such grant might be effected by the passing of a local Ordinance.
Patents, I take it, would be proved in our Colo- nial Courts by an exemplification, or by the Com- missioners' Seal, regard being had to the recent Acts mentioned in the circular.
It further appears to me that the extension of English Patents to this Colony would be of little or no benefit whatever to the patentees from the circum- scribed limit of the Colony, and as the patented matter night be vendéd or fabricated at the other side of the harbour in the Emperor's dominions, or
at the receiving stations or ports.
PUBLIC RECORD OFFICE
Reference :-
TLC.O.
885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
HONG KONG.
Acting Governor Major-General Jervois. -No Ordinance has been passed for the grant of Patents in this Colony; none having, as yet, been applied
for.
In the event of English Patents extending to this Colony, a transcript of the same might be lodged in the Supreme Court here, which would sufficiently establish the proof and identity of the document.
With regard to the expediency of the grant of Patents being extended to this Colony, the Executive Council agree in the opinion, that such extension is not advisable; indeed, it would be nearly useless, particularly so when the circumscribed limits of Hong Kong are borne in mind; and, from its being close to the main-land of China, great facilities would offer for vending or fabricating patented matter in our own vicinity, as well as at all the ports of China. Should it, however, become neces-
HONG KONG.
Acting Governor, No. 30,
April 29, 1859.
LABUAN.
Lieutenant-Governor, No. 11, May 11, 1853.
LABUAN.
Lieutenant-Governor Scott.-No special laws for
the grant of Patents exist within this Colony, nor has any question in reference thereto come before the General Court.
No impediments exist preventive of Patents being extended to this Colony; but I may state that, considering the smallness of the Settlement, and the present, and most probably future absence of mechanical and agricultural pursuits, the questions submitted in the circular can scarcely be considered as applicable to Labuan.
R
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