17
565
16
HONGKONG LEGISLATIVE COUNCIL
THE COLONIAL SECRETARY re- plied: The registration of 133 trade marks belonging to enemy firms has been renewed since the outbreak of war. These trade marks belong to the following firms: The Badische Anilin & Soda Fabrik: Siemssen & Co. Carl Bodiker & 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 opportune to initiate such a measure in this Colony where the value of a trade mark depends largely upon its user in China.
Supplementary Vote
ap.
THE COLONIAL SECRETARY moved the first reading of a Bill intituled: An Ordinance to authorize the propriation of a supplementary sum of three millions nine hundred and forty seven thousand and twenty-seven dollars and forty-one
to defray charges of the year 1915. The amount is made up as follow:- Miscellaneous Services
cents,
"3
Kowloon-Canton Railway Charge on Account of Public
Debt
Pensions
Charitable Services
Total,
the
!
$ 812.731.78 |
3,036,199.56
55,151.86 31,019 40 11,894.81
$3.947,027.41
In doing so he said I propose to make some remarks on the appropriation ac- count at the second reading of the Bill. 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."
The "Objects and Reasons
state:
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 hercafter,
Clause I is formal.
Clause 2 has the effect of expressly in- 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 Court to stay act ons brought against liquidators somewhat wider than at present.
Clause 4, read with clause 2, gives the Court power to stay an arbitration to which discretion of the Court to stay proceedings, an alien enemy is a party, and it widens the
generally brought against alien enemies.
With regard to the two clauses last re- ferred to, it must be pointed out that enses may conceivably arise in which justice could not be done during the war owing to the evidence or for some similar reason, and it seems desirable that the decision of any such point should rest with a judicial tri-
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 6 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 accrues on any debt after the commencement of the winding up. This provision has been borrowed from the law relating to hank- ruptcy. The clause does not take away the right of the creditor to interest, if his debt carries interest, and any surplus assets may be applied in payment of such interest. The rights of secured creditors are saved.
Clause 9 provides that unsecured debt« payable to non-enemy creditors shall take priority over unsecured debts payable to creditors who are enemies, This clause is based on sub-section (3) of section of the Trading with the Enemy Amendment Act, 1916.
Clause 10 introduces a power of disclaimer, modelled on the power of disclaimer in bankruptcy.
Any person injured by the
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HONGKONG LEGISLATIVE COUNCIL
disclaimer will be treated as a creditor of an alien enemy to the extent of such injury. and a right to obtain the decision of the Court on the amount of damage suffered is recognised.
Clause 11 provides machinery for compel ling secured creditors to realise their securi ties. On such realisation the secured credi- tor is to retain the amount to which he is entitled under the terms of the security and is to pay the balance to the liquidator. In case of dispute as to the amount to which the secured creditor is entitled the latter has a right to a decision of the Court on the print. It is, of course, possible that in soma eases, owing to contingent liabilities, it will not be prs ible at present to define exactly the amount to which the secured creditor is entitled, and in such cases it may be neces- sary that the total proceeds should continue to be held by the secured creditor, if the total liability, ascertained and contingent. exceeds the amount of the proceeds.
Clause 12 provides for the enforcement of orders made by the Court on applications for directions.
Clause 13 provides that the validity of acts done by liquidators is not to be question- ed on the ground that at the time when the act was done the person whose affairs are being wound up was not an alien enemy, or had d ed, or, in the case of a corporate body, had ceased to exist. A somewhat similar provision appears in section 9 of the Trad ng with the Enemy Amendment Act, 1916.
THE COLONIAL SECRETARY second- ed, and the Bill was read a first time.
Enemy Trading
THE ATTORNEY GENERAL moved the first reading of a Bill intituled :-
An Ordinance to amend further the Trading with the Enemy Ordinance, 1914."
TheObjects and Reasons" state :-- The object of this Bill is to introduce the provisions of the Trading with the Enemy Amendment Act, 1916, 5 and 6 Geo. 5, c. 105, with the exception of certain provisions which appear to be unnecessary here.
Clanses 1, 2, 3, 5 and 12 are formal or deal with minor details.
Clause 4 gives the Governor power to can- cel contracts with enemy subjects which are injurious to the public interest.
Clanse 6, 8 and 9 give the Governor power to vest in the Custodian any property he- longing either to an enemy or to an enemy subject, and they enable the Governor to confer on the Custodian such powers of deal- ing with such property as he may think fit. tions on dealing with enemy property shall Clause 7 provides that the various restri
continue after the conclusion of the war until they are removed by Order of the Governor-in-Council.
Clause 10 imposes certain restrictions on the exercise by enemy subjects of rights in respect of limited companies.
Clause 11 gives power to wind up any com- any registered in the Colony which has traded with the enemy through some branch or agent outside the Colony.
Clanse 14 provides that no legal proceed ing of any kind shall be brought against any liquidator or public officer, except with the permission of the Govern r, in respect of any act or omission connected with any winding up under the Alien Enemies (Wind-quires the permission of the Governor before ing up) Ordinances.
Clause 13 is intended to make it quite clear that the Custodian of enemy property, like every other person in the Colony, re-
he can make any payment to an enemy subject.
The following are the sections of the Act
Clause 15 provides for the continuance of the Governor's and the liquidator's powers for such period after the conclusion of the war as may seem proper to the Governor-in-which have not been adopted: Council. The object of the clause is to pro- vide an interval during which the whole position, both here and in other parts of the Empire and in enemy countries, may be con- sidered before the liquidators' control of the estates comes to an end, and it may also be that on the conclusion of the war various questions as to the liabilities of firms which are being wound up will still be unsettled
(a.) Section 1 gives power to restrict, or
Clause 16 repeals a section which will be rendered unnecessary by clause 13 of this Bill.
wind up, firms of enemy nationality or enemy associations. This is un- necessary here on account of the Alien Enemies (Winding up) Ordi-
nances.
(b.)-Section 5 requires enemy subjects
within the United Kingdom to re port to the Custodian all shares and all property of the value of £50 or upwards. This is also obviously un- necessary here,
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