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HONGKONG LEGISLATIVE COUNCIL
introduce
you
our
it. The purpose and object of my re- that the present is an inopportune ti solution, if it is carried, is briefly this: That it will make it a criminal offence that at the outbreak of war we went
for such legislation. I may remind to tende mark on that, any allen enemy quite unprepared for it; we only tende mark on the register at the present the navy mobilised, and I say it woul time. I do not ask for the confiscation be little short of a crime if we were i of these trade marks or to utilise them wait until the conclusion of the war for our own benefit, 1 ask for the absolute destruction of thein, and nothing short reforms; and I say also that it is with
economical and
fiscal 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 fo that they might remain permanently on legislation which will prevent the Ger it and be so endorsed that they will never afterwards be copied with a view marks from being used within the mans from trading, and their trad to obtaining trade on those marks or
confines of the British Empire for ever to trade under the protection of them, I
afterwards. am quite prepared to be told that this be told that it is not for this Colony I am equally prepared is contrary to the Hague Convention, dictate to the Imperial Government and that it is revolutionary legislation, which this Government cannot support every right to pass such a resolution, and measures of this sort. I contend we haw 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, a sacred duty to protect, in a state
necessary, it should go Home, even to the of war under the Hague Convention, extent of being refused the Royal co trade marks belonging to enemy firms. sent. But 1 cannot believe that the Roya But, Sir, I contend that these marks consent will ever be refused to such a are no more private than the property Ordinance if it were passed. 1 wouli which has recently been sold belonging to remind
that the blood of the liquidated enemy firms in this Colony, Colonies has freely flown, and mud or even the German Bank which has wealth has been given and is being offer. recently been advertised for sale and will ed for the purpose of carrying the war be sold next month. And if this on in our favour, and I am perfectly were not 50 1 would remind you certain that the claims of the Colonia that this
"Power" same
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 traucherously for the settlement of
peace. 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 to 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 fants in arms on land and sa, to say effective in China, it would be useleg nothing of the ruthless sinking of has 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, which any International treaty, obliga
no weight beyond Hongkong. I claim tion or Convention could possibly have
that that is an additional reason why we given her, and for years to come she must
should destroy the enemy trade marks, and I claim this, further, that we should expect to reap the whirlwind of dis honour she has sown. Such a country is China by so doing, because I
be able to control the markets in surely not deserving of the least con- sideration from us. And the resolution is
not conceive that a British manufac not so revolutionary ns perhaps some
turer would be likely to use upon gonds might be led to believe at first sight, entering 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 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- thing like 500, I believe. I am told
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criminal offence to use within the borden of Hongkong. I am certain that that would be the attitude of the British manufacturer. It has been suggested that such legislation as suggested by this
HONGKONG LEGISLATIVE COUNCIL
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resolution does not exist in any other banks and the shipping firms, and place, not even 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 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 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
I am prepared to be told that official majority. to do so. this is another nail in the coffin of the
HON. MR. POLLOCK Hear, hear. trade of Hongkong, and that this will driving trade away from Hong- I am one of kong to the coast ports. those who believe that the presence of the Germans in Hongkong was never necca sary and will not be in the future. I maintain that the trade of the Colony in the past has been obtained at the expens. of the British merchant by a system which was largely immoral, im
mean
ral 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 peace is declared, that an agree ment will be come to between Great Britain. France and Italy that no Ger- maa ships shall use the Allied ports for the purposes of trade unless it be upon anch 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.
Hos. Mr. E. SHELLIM In seconding the Resolution, I desire to say that there is no intention on our part to embarAM 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 H.M.'s Government.
to
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- There tion. That, I believe, is not so. is no mention of the subject of trade marks in the Hagan Convention. Even though they might come under the Hague
under the Convention
beading 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 views of the Chamber of Commerce of this
think, can be trusted not to advance any measure likely to be hostile to British trade interesta. With reference to tho very interesting question which has been raised as to treaties, I read a report in the Weekly Times of the reply given to Professor Hewins by Mr. Runciman on the very subject of co-operation between the Allies for trade purposes, and certain romarks were made with reference to treaties, with special reference to their relation to trade marks. Mr. Runciman
HON. MR. HOLYOAK With all defer- ence, Sir, it is a part of the whole ques-Colony, a body of gentlemen, who, I
tion.
His EXCELLENCY-I cannot see that it is very desirable to refer to a large question of Imperial policy.
HON. MR. HOLYOAK -It is all wrapped up in the Imperial policy, and I submit I am not going astray Even be that so, I Should like it be noted that I speak on behalf of the merchants of Hongkong who have formed this very opinion. It
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 broke
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