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Enclosure 3.
COP Y.
No. 3557/1915.
Strictly Confidential.
Sir,
33
Colonial Secretary's Office,
Hongkong, 28th. July, 1915.
With reference to my letter to the Secretary of the
Chamber of Commerce dated the 22nd. July, I am directed to inform you that the question of the user of registered and unregistered Trade Marks of which enemy subjects are owers or part omers has
past engaged the attention of this Government for some time and the instructions of His Majesty's Government in the matter have been
asked for.
2.
Many difficult questions arise in connection with the subject among which I may mention the following:-
(a). In many cases the marks are owned jointly by British
firms and enemy firms now trading in China.
(b). No legislation exists by which the use of Trade
Marks in which enemy subjects are interested, or
were interested before the outbreak of war, can be
restricted.
(c). If such legislation were enacted in this Colony it
would be to a great extent inoperative unless the power of restriction were extended to the Treaty
Perts of China.
(d). Any such legislation would be in the nature of a
confiscation of enemy property and must entail grave questions of Imperial policy.
3.
In these circumstances the Government of this Colony has been unable to recommend legislation of the nature indicated, but if you and those whose views your letter represents wish to adduce practical arguments in support of the fulfilment of the policy you appear to advocate, the Governor will be glad
to
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