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HONGKONG LEGISLATIVE QOUNCIL
THE ATTORNEY-GENERAL It is im-
possible to accept the motion as it stands, because it proposes to do by a mere resolution of this Council what can only be done by formal legislation. It is im- possible to deal with rights of property in this arbitrary and summary way. That, of course, is a defect which might easily be amended by altering the terms of the resolution.
it
me
I refer to it because tu be significant
out they came to an end, and history | cannot go on when the war is over exactly at the same point." At another part of his reply Mr. Runciman said:--"Our own national and commercial interests must in all these matters be the first and, so far as we are concerned, our only guide.
1 am not prepared, how ever, to wait until peace is declared for that process to begin." With reference to the question whether this Culony
to spring should take the lead or not, I also read
as indicating the mental attitude, if I a very interesting statenient in the
may say so with all respect, of the Weekly Times which showed how, under fraarers of the motion. I do not think that the auspices of the learned Attorney
they quite realise the importance of the General, this Colony took the fead in
rights of property which they propose to certain legislation, and how much it was
deal with, or the far-reaching issues of appreciated. I will read an extract.
the action they suggest. As to the second This says: "It is particularly interest- part of the motion, I should like it to ing to turn the leaves of the Journal of understood that the position which the Society of Comparative Legislation the resolution aims at creating already and to find how, in more than one exists in this Colony, The second part instance, the Dominions and Colonies of the resolution asks that legislation have proved to be more alert than should be introduced to make it EL-TR the Mother Country in coping, by offeure to apply to any goods any trade means of legislation, with dangers mark identical with or resembling au to the common weal, and how they have enemy trade mark. Well, that is the done their work with greater dispatch, position here to-day. At present nobody vigour and sagacity. Attention has been can use an enemy mark, and there was a drawn already in The Times to the prosecution on the point only the other rapidity with which the Australian Com-
day against a person who was using an monwealth dealt with companies in imitation of one of these enemy marks. finenced or controlled by enemy subjects. Enemy marks are for all practical pur This Journal gives many similar noses suspended here, just as they are stances of the thoroughness which has
in Australia. Coming to the more sub- marked the conduct of the Dominions like to mention two considerations which stantial part of the question. I would and Colonies since the outbreak of war.
seem to me to show that the motion, even To take another example from these
in the amended form in which I sug- pages, Hongkong in November, 1914, passed an Ordinance which made the Best it might be framed, would he ill- conerived. I think that before I go fur- term "alien enemy" include "every firm
ther I ought to explain that though I un which has, or which at any time since the speaking at the moment on behalf of the outbreak of war has had, a partner or
Government of this Colony as at present an office in the territory of any Sovereign advised I have no authority to of State that is at war with his make any statement on behalf of His Majesty." We have there striking testi-
Majesty's Government, and any views I mony of the fact that the self-Governing
may express must not be taken As Dominions bave led the way in legisla necessarily those of the Imperial t'on, and that this Colony has
authorities. The first consideration also taken P lead where it Was is that this IA
international thought to be required. In this present case we have a strong body of experts to guide us with their opinions as to what is desirable, and we should not hesitate to again take the lead. The representatives of the Hongkong Cham- ber of Commerce may be accepted as absolutely competent to judge as to what is required in the interests of the trade of this Colony.
ал
question, And being one of that nature it naturally is one with which this Government cannot attempt to deal. The other consideration is that it is an Imperial question. The legis- lation advocated in the resolution has not been adopted in any part of the Bri- tish Empire. It has not been adopted in the United Kingdom, er in Australia, even in Germany. Να doubt
Or
Us!*
HONGKONG LEGISLATIVE COUNCIL
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the reason why the German authorities pretend to posses, and I think it would be presumptuous on our part to dictate have not attacked this particular form
to His Majesty's Government on this of property 1s that it is not to their interest to du su. And I would ask the subject. hon. member who proposes this resolu-i
HON. MR. HOLYOAK In reply to tion to consider very carefully whether
what has fallen fraan my learned freind it might not be against our interests to
The the Attorney-General, I may say that Attack German trade marks here.
the was proposed in hou. member referred to the case of my resolution
were passed Australia. It is quite true that legis anticipation that if i lation has been introduced and passed by the Council the inevitable corollary would be an Ordinance. The resolution in Australia which has the effect of sus-
ineans is merely a
to an end.
The pending the use of enemy trade marke in iha Commonwealth. Suspension, Attorney-General says that means have however, is a very different thing from already been found for preventing the use of German trade marks in this confiscation. I think the effect of the
I am Australian legislation is to suspend the Colony or any imitation of then.
marks for the well aware of that. A prosecution is now of enemy trade
The Attorney-General said duration of the war, and, as I have said going on. before, that is the position here at the that this was a matter which should be Not only has this left to the future, and that is precisely present moment.
the reply 1 expected this Government to policy of confiscation of private property
lip not been adopted in the United Kingdom, make, that this question cannot 'bur His Majesty's Government in Nov settled until after the war and must be ember, 1914, and again in December, 1915, left to future consideration, and I have no hesitation in saying that the future issued a general licence for the payment
will find us in the same state of unpre- of fers on behalf of enemies for the
paredness as we were at the commencement. purpose of obtaining the registration of
of the war, in regard to our trade policy. trade marks and for the purpose of re-
The Government wants to leave all ques- newing the registration of trade marks.
tions of economic and fiscal reform until I would also like to point out what seems
peace is declared. I contend that this is to be more or less lost sight of, and that
a thing which should be brought up at is, the very wide distinction between
the present moment and be fully con- 'trade measures which help us in the war
and trade measures which are advocated sidered, and, if thought fit. legislated as a means of avoiding German competi-pon by the Imperial Government. My resolution was really proposed in the tion after the war, and the policy to be hope that we should be able to force adopted for avoiding undesirable Ger- man dominance. There is a distinction upon the Imperial authorities at Home a question which we in Hongkong con. between those things which help us in
sider to be absolutely vital to British the war and those which give us по
trade. help at all in that direction. The measures adopted in the United Kingdom and elsewhere with regard to enemy trade are all based on the isles of endea- vouring to weaken the enemy's resources during the war. The policy aimed at in this resolution will not help us in the slightest in the war and is entirely a post-war
measure, and the Imperial Government have so far refused to bind themselves as to their post-war trade policy. That being so, I think it would be very unwise for this Colony to endea vour to force their hands, In view of these Imperial and international con- siderations, I think, Sir, that the Gov-hon. member who moved the resolution is.
ernment cannot
motion. accept the The question will no doubt be considered in due course by minds with a far wider and deeper knowledge of the facts and issues involved than any of us here can
HIS EXCELENCY If it is, as the hon. member who moved the resolution stated, that he did so with the idea of helping the Home Government, then I trust he will quite sympathise with the Govern- ment when they say that they cannot accept the resolution. Very hard words have been used regarding the action which the Government has indicated it will have to take in this matter, namely, to refuse the resolution, and I do not think that those hard words are justified when we learn what the intention of the
What we are asked to do is to fly in the face of His Majesty's Government. The question of trade marks has been brought un by the Chamber of Commerce and the viows of the Chamber of Commerce have
ade
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