XN000022-1990-05-09 — Page 42

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WEDNESDAY, MAY 9, 1990

J

THE

CHAIRMAN, WILL WILL NOT BE MEMBERS OF A

"THUS A QUORUM OF FIVE PERSONS, INCLUDING BE REQUIRED AND THE MAJORITY OF A BOARD MUNICIPAL COUNCIL, SIR DAVID EXPLAINED.

"I

"ANY MUNICIPAL COUNCIL MEMBER WHO DOES SIT ON A BOARD MUST NOT HAVE BEEN INVOLVED IN MAKING THE DECISIONS UNDER APPEAL, HE ADDED.

H

SIR DAVID POINTED OUT THAT WHILE IT WAS IMPORTANT THAT THE APPEALS BOARDS SHOULD ENJOY AN INDEPENDENT STATUS, IT WAS ALSO

THAT IMPORTANT

THE MUNICIPAL COUNCILS' AUTHORITY SHOULD NOT BE UNDERMINED.

"IT IS FOR THIS REASON THAT MEMBERS OF THE MUNICIPAL COUNCILS WILL SIT ON THE BOARD BUT THEY WILL NEVER BE IN THE MAJORITY,"

SIR DAVID ADDED THAT IT WAS ALSO IMPORTANT THAT THE BOARDS SHOULD BE WELL VERSED IN MUNICIPAL COUNCIL POLICIES.

"THE BILL REQUIRES THE APPEALS BOARDS TO HAVE REGARD TO ANY MATERIAL STATEMENT OF POLICY MADE BY THE RELEVANT MUNICIPAL COUNCIL,

APPELLANTS COULD PROVIDED THAT

EXPECTED ΤΟ BE AWARE OF THE

STATEMENT, HE SAID.

|

BE

SIR DAVID SAID THE BILL REQUIRED HEARINGS TO BE PUBLIC, EXCEPT IN SPECIAL CIRCUMSTANCES, AND THE BOARDS WRITING THE REASONS FOR THEIR DECISIONS.

"IT ALSO PROVIDES FOR THE PARTIES TO THE APPEAL RIGHT TO ATTEND AND BE REPRESENTED AT BOARD HEARINGS.

CONDUCTED TO STATE IN

IN

TO HAVE THE

"DECISIONS OF THE APPEALS BOARDS WILL BE FINAL, ALTHOUGH THERE WILL BE A RIGHT OF ACCESS TO THE COURTS TO SEEK JUDICIAL REVIEW.

"I BELIEVE THE MUNICIPAL SERVICES APPEALS BOARDS WILL PROVE TO BE FAIR AND INDEPENDENT BODIES WHICH WILL GAIN THE CONFIDENCE OF THE GENERAL PUBLIC AND THAT OF THE MUNICIPAL COUNCILS, THE CHIEF SECRETARY SAID.

"I

DEBATE ON THE BILL WAS ADJOURNED.

INTELLECTUAL PROPERTY BILL INTRODUCED

* * * *

THE DIRECTOR OF INTELLECTUAL PROPERTY (ESTABLISHMENT) BILL 1990 WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, THE FINANCIAL SECRETARY, THE HON SIR PIERS JACOBS, SAID IT PROVIDED FOR THE ESTABLISHMENT OF A DIRECTOR OF INTELLECTUAL PROPERTY TO REPLACE THE REGISTRAR GENERAL AS THE STATUTORY AUTHORITY FOR THE REGISTRATION OF PATENTS AND TRADE MARKS.

/THE BILL