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HONGKONG LEGISLATIVE COUNCIL
it. The purpose and object of my re- that the present is an inopportune time solution, if it is carried, is briefly this: for such legislation. I may remind you That it will make it a criminal offence | that at the outbreak of war we were to use or to imitate any alien enemy quite unprepared for it; we only had trade mark on the register at the present the navy mobilised, and I say it would tinie. I do not ask for the confiscation be little short of a crime if we were to of these trade marks or to utilise them wait until the conclusion of the war to for our own benefit, I ask for the absolute introduce our economical and fiscal destruction of them, and nothing short reforms; and I say also that it is with of that. I do not even ask that they the memory of previous mistakes ringing should be torn out of the register, but
in our ears that we must prepare for that they might remain permanently on legislation which will prevent the Ger it and be so endorsed that they will
DIRIS from trading, and their trade never afterwards be copied with a view marks from bring used within the to obtaining trade on those marks or
confines of the British Empire for ever to trade under the protection of them.
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afterwards. I am equally prepared to am quite prepared to be told that this be told that it is not for this Colony to is contrary to the Hague Convention, dictate to the Imperial Government on and that it is revolutionary legislation. measures of this sort. I contend we have which this Government cannot support. every right to pass such a resolution, and If it were submitted that they were pri- then to pass the Ordinance which will vate marks, I am well aware that it is be a natural corollary of it, and, if
sacred duty to protect, in state
necessary, it should go Home, even to the of war under the Hague Convention, extent of being refused the Royal con- trad. marks belonging to enemy firms. sent. But I cannot believe that the Royal But, Sir, I contend that these marks consent will ever be refused to such an are no more private than the property Ordinance if it were passed. I would which has recently been sold belonging to remind you that the blood of the Tiquidated enemy firms in this Colony, Colonies has freely flown, and much or even the German Bank which has wealth has been given and is being offer- recently been advertised for sale and willed for the purpose of carrying the war be sold next mouth. And if this on in our favour, and I am perfectly were
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cerlain that the claims of the Colonies would remind you 1 hat this same "Power" upon
will be fully recognised; indeed that they whose behalf the Hague Convention cannot be ignored when the time comes may now be invoked has treacherously for the settlement of prace. An- trampled upon every treaty and agree. other argument which might be advanced ment to which she has put her name--and against this resolution is that suggested that by her infamous and monstrous con-
in the Government answers 10 my duct of this War, her wilful murder of previous questions, that inasmuch as innocent and defenceless women and in registration in this Colony is
effective in China, it would be useless fants in arms on land and sea, to say nothing of the ruthless sinking of hos- to destroy them. It is admitted that pital ships and the barbarous treatment
registration in this Colony carries at the of her prisoners of war, she has deli present moment, owing to the absence of berately sacrificed every right and claim
Any treaty with China upon trade marks, no weight beyond Hongkong. I claim which any international treaty, obliga tion or Convention could possibly have
that that is an additional reason why we given her, and for years to come she must and I claim this, further, that we should should destroy the enemy trade marks. expect to reap the whirlwind of dishe able to control the markets in honour she bas sown. Such a country is China by so doing, because surely not deserving of the least con- sideration from us. And the resolution is not conceive that a British manufac- turer would be likely to use upon goods not so revolutionary as perhaps some might be led to believe at first sight. ntering this Colony, or for re-exporting because the Commonwealth of Australia to Canton, or the Hinterland, or the has already introduced legislation pro- coast ports, a trade mark which it is a hibiting the possibility of any enemy criminal offence to use within the borders trade marks entering her shores, and has of Hongkong. I am certain that that suspended for the duration of the war all would be the attitude of the British enemy trade marks on the register; some manufacturer. It has been suggested thing like 500, I believe. I am told that such legislation as suggested by this
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HONGKONG LEGISLATIVE COUNCIL
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HON. MR. POLLOCK Hear, hear.
HON. MR. E. SHELLIM In seconding the Resolution, I desire to say that there is no intention on our part to embarass the Government but we consider the time opportune for the views held by the busi- freely expressed and represented ness men of this Colony to be fully and H.M.'s Government.
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resolution does not exist in any other banks, and the shipping firms, and place, not oven in Germany, and that it beyond that it is very largely, if not un- is not usual for such a thing to be done.animously, the opinion of the British com- Knowing what we do of German, and all munity at large, and I can only say that that she has done in this war, I find it if the official majority is used to crush the impossible to believe that she will allow resolution, as I have reason to believe it any British trade mark to remain on her will be, it will only be another instance register if it were not to her advantage of the defiance of public opinion by the to do so. 1 an prepared to be told that official majority. this is another nail in the coffin of the trade of Hongkong, and that this will mean driving trade away from Hong- kung to the coast ports. I am one of those who believe that the presence of the Germans in Hongkong was never acces- sary and will not be in the future. maintain that the trade of the Colony in the past has been obtained at the expense of the British merchant by a system which was largely immoral, im mural in the sense that the German trader created the obnoxious system of long credits, the aftermath of which has been that the liquidation of the German firms in Hongkong is not even now whol ly completed. I conceive it possible, and I hope it may come to pass, that as a result of this war and the economic con- ferences which have already taken place, and which must take place in the future before prace is declared, that an agree- ment will be come to between Great Britain. France and Italy that no Ger- man ships shall use the Allied ports for the purposes of trade unless it be upon such terms as shall be decided upon in relation tu curtailing German competi- tion,
HON. MR. POLLOCK I would like to say a few words in support of this re- solution. I think that as a matter of fact the hon. member who represents the Chanber of Commerce has really exag- gerated the case against this resolution when he mentions trade marks as coming within the scope of the Hague Conven- tion. That, I believe, is not so. There is no mention of the subject of trade marks in the Hague Convention. Even though they might come under the Hague Convention under the heading of "Private Property," I should say that this is the sort of thing which must de- pend upon the legislation of any parti- cular place as to how much or how little protection is accorded to trade marks. This is a matter of domestic legislation purely, and, as the hon. member on my left has pointed out, the views he has expressed on this matter are not merely his own views, but they are also the viewa of the Chamber of Commerce of this Colony, a body of gentlemen, who, I think, can be trusted not to advance any measure likely to be hostile to British trade interests. With reference to the very interesting question which has been raised as to treaties, I read a report in MR. HOLYOAK-It is all the Weekly Times of the reply given to wrapped up in the Imperial policy, Professor Hewins by Mr. Runciman on and I submit I m not going the very subject of co-operation between astray. Even be that so, I Should the Allies for trade purposes, and certain like it be noted that I speak on
remarks behalf of the merchants of Hongkong treaties, with special reference to their were made with reference to who have formed this very opinion. It relation to trade marks. Mr. Runciman is the united opinion of the Chamber of said: "So far as the treatins with Aus- Commerce, representing the beads of tria and Germany are concerned, they the great mercantile houses here, the are non-existent. When the war broke
HIS EXCELLENCY The hon. mem- ber is carrying his argument a long way from enemy trade marks.
HON. MR. HOLYOAK With all defer- ence, Sir, it is a part of the whole ques- tion.
HIS EXCELLENCY--I cannot see that it is very desirable to refer to a large question of Imperial policy.
HON,
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