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HONGKONG LEGISLATIVE COUNCIL
Empire, but I am here to protest against it. The purpose and object of my re- solution, if it is carried, is briefly this: That it will make it a criminal offence to use or to imitate any alien enemy trade mark on the register at the present time. I do not ask for the confiscation of these trade marks or to utilise them for our own benefit, I ask for the absolute destruction of them, and nothing short of that. I do not even ask that they should be torn out of the register, but that they might remain permanently on it and be so endorsed that they will never afterwards be copied with a view to obtaining trade on those marks or to trade under the protection of them. I am quite prepared to be told that this is contrary to the Hague Convention, and that it is revolutionary legislation, which this Government cannot support. If it were admitted that they were pri- vate marks, I am well aware that it is a sacred duty to protect, in a state of war under the Hague Convention, trade marks belonging to enemy firms. But, Sir, I contend that these marks are no more private than the property which has recently been sold belonging to liquidated enemy firms in this Colony, or even the German Bank which has recently been advertised for sale and will be sold next month. And if this were not SO
would remind you that this
Power 5 upon whose behalf the Hague Convention may now be invoked has treacherously trampled upon every treaty and agree- ment to which she has put her name and that by her infamous and monstrous con- duct of this War, her wilful murder of innocent and defenceless women and in- fants in arms on land and sea, to say nothing of the ruthless sinking of hos pital ships and the barbarous treatment of her prisoners of war, she has deli- berately sacrificed every right and claim which any International treaty, obliga- tion or Convention could possibly have given her, and for years to come she must expect to reap the whirlwind of dis- honour she has sown. Such a country is surely not deserving of the least con- sideration from us. And the resolution is so revolutionary as perhaps some might be led to believe at first sight, because the Commonwealth of Australia has already introduced legislation pro- hibiting the possibility of any enemy trade marks entering her shores, and has suspended for the duration of the war all enemy trade marks on the register; some-
not
same
+
thing like 500, I believe. I am told that the present is an inopportune time for such legislation. I may remind you that at the outbreak of war we were quite unprepared for it:
we only bad the navy mobilised, and I say it would be little short of a crime if we were to wait until the conclusion of the war to introduce our economical and fiscal reforms; and I say also that it is with the memory of previous mistakes ringing in our ears that we must prepare for
mans
a
legislation which will prevent the Ger- from trading, and their trade marks
within from being used
the confines of the British Empire for ever afterwards. be told that it is not for this Colony to I am equally prepared to
dietate to the Imperial Government on measures of this sort. I contend we have every right to pass such a resolution, and then to pass the Ordinance which will be natural corollary of it, and, if necessary, it should go Home, even to the extent of being refused the Royal con- sent. But I cannot believe that the Royal consent will ever be refused to such an Ordinance if it were passed. I would remind
That you
the blood of the Colonies has freely flown, and much wealth has been given and is being offer- ed for the purpose of carrying the war on in our favour, and 1 am perfectly certain that the claims of the Colonies will be fully recognised; indeed that they cannot be ignored when the time comes for the settlement of peace. An- other argument which might be advanced against this resolution is that suggested In the Government answers to my previous questions, that inasmuch as registration in this Colony is not effective in China, it would be useless to destroy them. It is admitted that registration in this Colony carries at the present moment, owing to the absence of any treaty with China upon trade marks, no weight beyond Hongkong. that that is an additional reason why we should destroy the enemy trade marks. and I claim this, further, that we should be able to control the markets in China by so doing, because F not conceive that a British manufae- turer would be likely to use upon goods entering this Colony, or for re-exporting to Canton, or the Hinterland, or the coast ports. a trade mark which it is a criminal offence to use within the borders of Hongkong. I am certain that that would be the attitude of the British manufacturer. It has been suggested that
I claim
can-
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- ness men of this Colony to be fully and freely expressed and represented I.M.'s Government.
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such legislation as that suggested by this banks, and the shipping firms, and resolution does not exist in any other beyond that it is very largely, if not un- place, not even in Germany, and that it animously, the opinion of the British com- is not usual for such a thing to be done.munity at large, and I can only say that Knowing what we do of Germany, and all if the official majority is used to crush the that she has done in this war, I find it resolution, as I have reason to believe it impossible to believe that she will allow will be, it will only be another instance any British trade mark to remain on her of the defiance of public opinion by the
official majority. register if it were not to her advantage to do so. I am prepared to be told that this is another nail in the coffin of the trade of Hongkong, and that this will man driving trade away from Hong- kong to the coast ports. I am one of those who believe that the presence of the Germans in Hongkong was never neces- sary and will not be in the future. I maintain that their trade in the Colony in the past has been obtained at the expense of the British merchant by a system which was largely immoral, im- moral 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 whel· 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 peace is declared, that an agree- munt will be come to between Great Britain, France and Italy that no Ger- man ships shall us the Allied ports for the purposes of trade unless it be upon such terms as shall be decided upon in relation to curtailing German competi- tion.
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.
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 Chamber 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
of
is no mention of the subject of trade marks in the Hague Convention. Even though they might come under the Hagu.- Convention under the
heading 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 littl 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 views 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 HON. MR. HOLYOAK It is ali the Weekly Times of the reply given to wrapped up in the Imperial policy, Professor Hewins by Mr. Runciman on and I submit I am 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 were made with reference to behalf of the merchants of Hongkong treaties, with special reference to their 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 treaties with Aus- Commerce, representing the heads of tria and Germany, are concerned, they the great mercantile houses here, the are non-existent. When the war brok
HIS EXCELLENCY I cannot see that it is very desirable to refer to a large question of Imperial policy.
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