CO129-330 - Public Offices - 1905 — Page 255

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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altered. The letter of the Board reiterated this assurance, and asked the Prince to inform me accordingly.

During the interval 1 had ascertained that, notwithstanding the assurance given to the German Minister, no instructions had been sent to either Tien-tsin or Shanghae in pursuance of his Highness' promise, and that the offices at those ports had opened on the 24th, which was on a Monday, and had received applications.

I consequently telegraphed to your Lordship the same day requesting that I might have a speedy reply to my telegram of the 24th, and on the 28th I wrote to Prince Chting calling his attention to the important omission from the Board's letter trans- mitted through him of the statement in my note of the 23rd as to the explicit nature of my instructions to ask for postponement.

On the 1st November I received your Lordship's telegram of the previous day, instructing me to insist on postponement until the amendments found to be necessary had been inserted, and I accordingly addressed notes to Prince Ch'ing and to the Board of Commerce informing them of the wishes of His Majesty's Government. Copies of these notes, as well as of others to which reference is made in this despatch, "are inclosed herewith.

I have received as yet no reply, but I learn that since the 24th October seven applications have been recorded at the branch office established at Tien-tsin, while at Shanghae 1,300 were received previous to that date, and over 900 since.

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I have the honour to observe that the delay desired by His Majesty's Government will insure that the Regulations will fully satisfy the requirements of both foreign and Chinese merchants, whereas it is evident that if put immediately into force in their present shape much confusion and uncertainty will result. I have therefore the honour urgently to request that the date of coming into force of the Regulations may be thus postponed.

As soon as I receive the observations of the Board of Trade as to the points which require further elucidation I shall have the honour to communicate them to your Highness without delay.

I avail, &c.

(Signed)

Inclosure 2 in No. 1.

Board of Commerce to Sir E. Salow.

ERNEST SATOW.

(Translation.) Your Excellency,

Peking, October 22, 1904. WE have received from the Board of Foreign Affairs a copy of your Excellency's note transmitting the request of the British Government that there might be a delay of six months in the coming into force of the Trade-marks Regulations.

We have the honour to observe that this question formed the subject of several discussions with your Excellency, and that in response to your Excellency's desire for a

On the 30th ultimo I received a visit from his Excellency Natung, Junior Vice- President of the Foreign Board, who informed me that, besides the German Minister, the Representatives of Italy, Austria-Hungary, France, and Corea had asked for post-postponement in order to give time for publication the Board agreed, and fixed the ponement; that the Belgian and Netherlands Ministers had expressed themselves as holding the same views, while the United States' Minister, though precluded by his instructions from asking for postponement, was understood not to be opposed to it. The Japanese Minister alone refused his consent.

The Foreign Board was anxious to meet the wishes of the Foreign Ministers, and in view of the difficulty in which Prince Ching found himself, he begged me to use my influence with the Japanese Minister to persuade him to give way. I accordingly called on Mr. Uchida on the 31st, but while appreciating the awkward position of the Chinese Government in relation to this question, he said that he doubted whether his Government would be disposed to give way, as they had already, in reliance on the official declara- tions of the Foreign Board, some time ago notified to the owners of trade-marks that they must be ready by the 23rd October to put in their declarations, and some of them had already done so.

On the 1st instant I learnt from him that he too had received a visit from Natung on the previous afternoon, but that the conversation had not resulted in any arrange- ment satisfactory to both parties. I rejoined that I regretted to hear this, as my most recent instructions from your Lordship were to insist upon postponement in order that the amendments desired by the Board of Trade might be first inserted.

The Chinese Government no doubt is responsible for the imbroglio thus created, by their agreeing officially with the German Minister to postpone while neglecting to give the necessary instructions.

I have, &c. (Signed)

Your Highness,

Inclosure 1 in No. 1.

Sir E. Satow to Prince Ch'ing.

ERNEST SATOW,

Peking, October 20, 1904. I HAVE the honour to refer to your Highness' note of the 12th August, trans- mitting to me a copy of the Provisional Regulations for the Registration of Trade-marks drawn up by the Board of Commerce.

A translation of these Regulations was prepared with as much expedition as possible and submitted to His Majesty's Secretary of State for Foreign Affairs, by whom they were transmitted to the Board of Trade for examination and to report.

I have now received a telegram from His Majesty's Secretary of State for Foreign Affairs, informing me that the Board of Trade regard it as most important that further time should be given for consideration of the Regulations, and instructing me to urge the Chinese Government to defer the date at which they come into force for six months.

23rd October as the date for the Regulations to come into effect. At the present moment the American and Japanese Ministers object to delay, while the Powers that have not negotiated Commercial Treaties all ask for postponement. In our replies we have intimated our decision to put the Regulations in force in fulfilment of the Treaties, but now, when the date of coming into force has arrived, your Excellency has also written to The time left being ask for postponement, while Germany becomes still more insistent.

so short, the Board finds itself in a difficult position, and they now send officials of the Trade-marks Registration Office to discuss what is to be done, and they greatly hope that you will take into account all the circumstances, and give your powerful help in reconciling the conflicting views.

The matter is very pressing, and we anxiously await your decision.

Inclosure 3 in No. 1.

Sir E. Satow to Board of Commerce.

Your Excellencies,

Peking, October 23, 1904. I HAVE the honour to acknowledge the receipt of your Excellencies' letter with regard to the registration of trade-marks, and Mr. Cockburn has also reported to me his conversation with the Board's representatives on the same subject.

My instructions from His Majesty's Government to press for a postponement of the date of operation of the Regulations are too precise to permit me to suggest any alter- native, and I must accordingly again urge the Board to accede to that request, but I shall communicate to His Majesty's Government by telegraph the fact that your Excellencies are willing to give in a note an assurance that any provisions injurious to British merchants will at once be amended, and as soon as I receive a reply I shall do myself the honour of again addressing your Excellencies.

(Translation.) Your Excellency,

Inclosure 4 in No. 1.

Prince Ch'ing to Sir E. Salow.

Peking, October 26, 1904. WE have to-day received a despatch from the Board of Commerce to the following

effect:---

In view of the representations of Sir Ernest Satow that the inauguration of the Provisional Trade-marks Regulations should be postponed, in order to allow time for their

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