XN000022-1991-03-13 — Page 10

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WEDNESDAY, MARCH 13, 1991

**IN FACT, THE AVAILABILITY OF A SYSTEM OF TRADE MARK REGISTRATION HAS ASSISTED HONG KONG TO DEVELOP ITS ROLE AS AN INTERNATIONAL MANUFACTURING AND TRADING CENTRE," SIR PIERS SAID.

THE FINANCIAL SECRETARY NOTED THAT IN MANY DEVELOPED ECONOMIES IN THE WORLD THERE WAS NOW A SYSTEM OF REGISTRATION TO PROTECT TRADE MARKS FOR SERVICES.

↓

"BASICALLY THE SYSTEMS ARE MODELLED ON THOSE SYSTEMS DESIGNED TO PROTECT TRADE MARKS FOR GOODS, HE ADDED.

DEBATE ON THE BILL WAS ADJOURNED.

AMENDMENTS TO LAW ON ELECTION PETITIONS

THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, TODAY (WEDNESDAY) MOVED IN THE LEGISLATIVE COUNCIL THAT THE ELECTORAL PROVISIONS (AMENDMENT) (NO.2) BILL 1991 BE READ A SECOND TIME, WHICH WAS LARGELY A TECHNICAL **FOLLOW-UP" то THE NOVEMBER 1990 AMENDMENTS TO THE ELECTORAL PROVISIONS ORDINANCE AND THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE DEALING WITH THE BRINGING OF ELECTION PETITIONS.

MR MATHEWS SAID THE MAIN EFFECT OF THE NOVEMBER AMENDMENTS, WHICH WERE INTRODUCED AT COMMITTEE STAGE ON THE INITIATIVE OF THE LEGISLATIVE COUNCIL AD HOC GROUP ON ELECTORAL LEGISLATION, WAS то PROVIDE THAT IN ELECTION PETITION PROCEEDINGS THE COURT SHOULD MAKE A DETERMINATION AS TO WHETHER A PERSON WAS "DULY ELECTED".

THE LEGISLATION WHICH WAS AMENDED CALLED FOR THE COURT TO MAKE THE A DETERMINATION AS TO WHETHER OR NOT THE ELECTION WAS "VOID", AND NOVEMBER 1990 AMENDMENTS REMOVED THE UNCERTAINTY WHICH COULD FOLLOW FROM THIS SOMEWHAT EQUIVOCAL DETERMINATION.

MR MATHEWS SAID THE ADMINISTRATION SUPPORTED THE AD HOC GROUP'S AMENDMENTS IN NOVEMBER 1990, AND CONTINUED ITS SUPPORT NOW BY PROPOSING CONSEQUENTIAL AMENDMENTS TO OTHER ITEMS OF ELECTION PETITION LEGISLATION WHICH STILL CONTAINED REFERENCES TO A "VOID" ELECTION RATHER THAN THE "DULY ELECTED" FORMULA.

CLAUSES

A.

7 AND 9 OF THE BILL WERE TO AMEND, RESPECTIVELY SECTION 18(A)(II) OF THE URBAN COUNCIL ORDINANCE, SECTION 14(1)(A) (II) OF THE DISTRICT BOARDS ORDINANCE AND SECTION 20(A) (II) OF THE REGIONAL COUNCIL ORDINANCE, SO THAT WHERE THE COURT DETERMINED ON AN ELECTION PETITION THAT NO PERSON HAD BEEN "DULY ELECTED", RATHER THAN THAT THE ELECTION WAS "VOID", THESE AMENDED PROVISIONS WOULD AUTOMATICALLY APPLY TO TRIGGER THE RELEVANT BY-ELECTION PROVISIONS.

ORDINANCE NOT BEING THAT THE

CLAUSE 5 WAS TO AMEND SECTION 9(1) AND (3) OF THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE, WHICH CONTAINED REFERENCES TO "VOID" ELECTIONS; AND CLAUSE 6 WAS TO AMEND SECTION 25 OF THE SAME BY REPLACING THE REFERENCE TO THE CANDIDATE'S ELECTION "VOID" BY A REFERENCE TO THE DETERMINATION OF THE COURT CANDIDATE HAD BEEN "DULY ELECTED".

/TURNING TO

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