CO129-442 - Governor Sir May - 1917 [4-6] — Page 19

Goodwill and

trade marks vested in Custodian,

Ordinance

No. 40 of 1909. Ordinance

No. 4 of 1890.

Ordinance No. 40 of 1909,

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J

18. The following are hereby vested in the Custodian of Enemy Property as from the commencement of this Ordinance :-

(a) The goodwill of every trade formerly carried on in the Colony by any person who is, or at any time since the 4th day of August. 1914, has been an alien euemy, or by any such person in partnership with any other person, except in so far as any such goodwill may have been validly transferred before the 5th day of Angust, 1914, to some person who is not, and has not since the 4th day of August, 1914, been, an allen enemy.

(6) All rights whatsoever in respect of any trade mark as defined in the Trade Marks Ordinance, 1909, or in respect of any trade description as defined in the Merchandise Marks Ordinance, 1890, which are vested in or exercisable by any person who is, or at any time since the 4th August. 1914, has been, an alien enemy, or which would be exercisable by any such person but for the existence of a state of war and had he continued to possess such rights up to the commencement of this Ordinance.

(c) Without prejudice to any other provision in this rection contained, the goodwill of every trade formerly carried on in the Colony by any person whose affairs are being, or have been, wound up by a liquidator appointed nuder the principal Onlinance, and all rights whatsoever in respect of any trade mark or trade description used in connection with such goodwill or trade which are vested in or exercisable by any such person or which would be exercisable by any such person but for the existence of a state of war and had be continued to possess such rights up to the commencement of this Ordinance.

(d) The goodwill herein referred to shall not, for the purposes of this Ordinance and of vesting the aforesaid rights in the Custodian of Enemy Property, be deemed to have determined by reason of the principal Ordinance or of the existence or continued existence of a slate of war or of any circumstances arising therefrom, but the said trade marks shall be deemed to bave been lawfully transmitted to the Cusio- dian of Enemy Property and shall remain vested in him notwithstanding the metal de- termination of the said goodwill if such good- will have in fact determined or do hereafter determine.

(e) Notwithstanding the provisions of section 30 of the Trade Marks Ordinance, 1909, no such trade mark shall be liable to removal from the register for non-payment of the fee for renewal except by order of the Governor.

(f) Any such trade mark which since the com- mencement of the principal Ordinance has been removed from the register for non-payment of the fee for renewal shall be restored to the register and shall be deemed to be a trade mark the rights in respect of which are vested by this Ordinance in the Custodian of Enemy Property.

Validity of

19. No act of any liquidator appointed under the princi- arts of pal Orlimauce to wind up the trade or personal affairs of liquidators. any person shall be deemed invalid by reason only of the fact that at the time when the act was done such person was not an alien enemy, or had died, or had ceased to exist.

Protection

20. No legal proceeding of any kind whatsoever, civil

of liquidators or criminal, shall without the permission of the Governor and public

be brought against any liquidator or any public officer in officers.

respect of auy act or omission connected in any manner whatsoever with any winding up ander the Alien Enemies

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(Winding up) Ordinances, 1914 to 1917, whether such net or omission have occurred before the commencement of this Ordinance or may occur heroafter,

21. The provisions of the Alicu Enemies (Winding up) Provisions Ordinances, 1914 to 1917, shall continue to be in force to continue until such time as the Governor may order otherwise, either in force. generally or in a particular case, notwithstanding that by reason of the cessation of a state of war or for any other cause whatsoever any person whose rights may be affected

by any of the said provisions shall have ceased to be an alien enemy or an enemy or an enemy subject.

22. (1) The following schedule is added to the Alien Schedule

added, Enemies (Winding up) Ordinances, 1914 to 1917.

(2.) It shall be lawful for the Governor in Comcil to

amend the said schedule in any way whatsoever.

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Schedule.

DECLARATION BY AN INDIVIDUAL PURCHASER.

(Description of property.)

of

and sincerely declare as follows :—

I am e business at

do solemnly

subject and resitie and carry on and I am not an enemy

or enemy subject as those terms are respectively defined in the Alien Enemies (Winding up) Ordinances, 1914 to 1917.

I farther solemnly and sincerely declare that there is no arrangement of any kind whatsoever under which I am to hold the property above described, or any part thereof, wholly or partly for or on behalf of or in trust for or for the benefit of or so that it shail in any way be or come under the control of any enemy or enemy subject or cor- poration under enemy control as those terms are respec- tively defined in the aforesaid Ordinances, either alone or jointly with another or others.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the pro- visions of the Statutory Declarations Act, 1835.

(Signed)

A. B.

Declared at

in Hongkong

this

day of Before me,

(Signed)

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C. D.

I

the

DECLARATION ON BEHALF OF A CORPORATION.

(Description of property.)

of

of †

* Here insert

berciunfter called "the corporation", being duly authorised the office of by the corporation to make this declaration do solemnly the person

making the Rid sincerely declare as follows :—

declaration, The corporation is not an enemy or a corporation under fg, secre- enemy control as those terms are respectively defined in tary

the Alien Enemies (Winding up) Ordinances, 1914 to 1917, † Here insert and to the best of my knowledge and belief there is no the name of arrangement whatsoever under which the corporation is to the corpora- hold the property above described, or any part thereof, tion. wholly or partly for or on behalf of or in trust for or for the benefit of or so that it shall in any way come under the control of any enemy or every subject or corporation under onemy control as those terms are respec- tively defined in the aforesaid Ordinances, either alone or jointly with another or others.

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