CO129-434 - Governor Sir May - 1916 [7-8] — Page 228

16

war.

HONGKONG LEGISLATIVE COUNCIL

re-

THE COLONIAL SECRETARY plied: The registration of 133 trade marks belonging to enemy firms has been renewed since the outbreak of These trade Darks belong to The following firms: The Badische Anilin & Soda Fabrik: Siemssen & Co. Carl Budiker & Co.: Meyerink & Co. and W, &C. Dunlop: Arnold, Karberg & Co. Melchers & Co. and Ferd. Bornemann. This Government does not propose to issue instructions on the lines suggested by the honourable member. As far as is known a policy of cancellation of trade marks has not been adopted in any British Possession or in Germany, and it would hardly be apportune to initiate such a measure in this Colony where the value of a trade mark depends largely upon its user in China.

Supplementary Vote

THE COLONIAL SECRETARY moved the first reading of a Bill intituled:

An Ordinance to authorize the ap- propriation of a supplementary sum of three milions nine hundred and forty seven thousand and twenty-seven dollars and forty-one cents, to defray the charges of the year 1915," The amount is made up as low:

Miscellaneous Services Kowloon-Canton Railway

Charge on Account of Public

Debt

Pensions

Charitable Services

Total,

$ 812.731.79 3,036,199.55

55,151.86 31,019 40 11,894.81

$347,027.41

In doing so he said I propose to make some remarks on the appropriation ac- count at the second reading of the B. In the meantime, I would refer hon members to the report on the Finances for the year 1915, which I have just laid on the table, where, in paragraph 4. they will find a lucid explanation of the large supplementary expenditure required this

year.

THE COLONIAL TREASURER second- ed, and the Bill was read a first time.

Alien Enemies (Winding Up)

Ordinance

THE ATTORNEY GENERAL moved the first reading of a Bill intituled:

An Ordinance to amend further the Alien Enemies (Winding up) Ordinance, 1914."

14

state: - The Objects and Reasons

The object of this Bill is to deal with cer- tain points which have arisen in the course of the liquidations and with others which may arise hereafter.

Clause 1 in formal.

Clause 2 has the effect of expressly cluding arbitrations among the proceedings which may not be begun without the per- mission of the Governor where the other party is an alien enemy or a liquidator.

Clause 3 makes the discretion of the Cour÷ to stay act ons brought against liquidators somewhat wider then at present.

Clause 4, read with clause 2. gives the Court power to stay an arbitration to which an alien enemy is a party, and it widens the discretion of the Court to stay proceedings generally brought against alien enemies.

With regard to the two clauses last re- ferred to, it must be pointed out that cases may conceivably arise in which justice could not be done during the war owing to the evidence or for some similar reason, and it such point should rest with a judicial tri- seems desirable that the decision of any

bunal and not with the executive It is possible that the Court already has inherent jurisdiction in the matter.

Clause 5 is declaratory and has been draft- ed with reference to cases which have actually occurred.

Clause is intended to allay any possible doubts as to the powers of the liquidators to pass the legal estate.

Clause 7 expressly provides that a liquida. tor's powers pass to his successors in office.

Clause 8 provides that liquidators shall be at liberty to distribute the assets in the first instance on the footing that no interest accries on any debt after the commencement of the winding up. This provision has been borrowed from the law relating to bank-

tey. The clause does not take away the right of the creditor to interest, if his debt carrie interest, and any surplus assets may be applied in payment of such interest. The rights of secured creditors are saved,

Clause provides that unsecured debts payable to non-enemy creditors shall teke priority over qsecured debts payable to creditors who are enemies, This clause 14 based on sub-section (3) of section 1 of the Trading with the Enemy Amendment Act, 1916.

Clause 10 introduces a power of disclaimer, modelled on the power disclaimer in bankruptcy, Any person injured by the

COPY

No. 3326/1915.

CONFIDENTIAL.

Sir.

3.

Enclosure

REC

224 42372

REG 5 SEP 16!

Colonial Secretary's Office,

Hongkong,

5th July, 1916.

Referring to correspondence ending with my letter

of the 26th January last on the subject of enemy owned trade marks, and with reference further to the questions recently asked in the Legislative Council by the Honourable Member representing the Chamber and to his motion which is now before the Council, I am directed to outline for the confidential information of the Chamber the policy adopted by this Government

in the matter.

1915,

2.

The Chamber in their letter of the 10th February,

addressed to the Attorney-General, pointed out that the longer enemy trade marks were off the market the less valuable they would become, and they emphasised this view in their letter of the 15th July, 1915, addressed to this office.

3.

The steps taken by this Government have given effect to the wishes of the Chamber. Applications by interested

parties for licences to use enemy marks have been refused: sale

of enemy marks by liquidators has been prohibited: and instruct-:

ions have been given that proceedings are to be taken against

any persons, whether Chinese agents of the enemy owners or

otherwise

The Secretary,

Hongkong General Chamber of Commerce.