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Repent
HONG KONG DAILY PRESS, FRIDAY, JANUARY 21, 1938.
How Law Governs One's Daily Life
OFF TO WORK
In due course he and Mary are dressed and at breakfast, and all
too soon he has to be on to work
taking with him the newspaper of his choice. He has to go to the Hong Kong side and on such a wet morning that involves a bus or a ricksha to the Ferry and a bun or a tram on the other alde before he reaches his office,
་་
(Continued from Page 23 competitors it would be "take it or leave it for the man in the street.
iy, for an unscrupulous manufac- turer to put on the market an in- |· terior article in a container which] is a colourable imitation of a well
Government, therefore, in the in- terests, both of responsible under-known and established brand, so takers and of the mass of citizens imposes the best terms it can get. In return for an exclusive licence
a term of years it insists on an adequate service and further provides that no charge may be levied in excess of a maximum fx-
by law.
Meanwhille Mary has gone out to do her morning shopping. Shed lunches at home while John goes
to a convenient restaurant. John remembers that Mary is going to a Triend's house that evening to play bridge so when he leaves his office he goes to listen to a lecture that he has seen advertised.
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SAFETY LEGISLATION It also takes upon itself the duty of legislating for the safety of the pubite in connection with any such public utility service.
when John asks for X'a shaving soap and Mary for a box of Y's powder and one of Z's Upsticks of her favourite shade each gets what they want
To us, in these enlightened anys, the principle of the registration of trade marks is such a common. place that it comes as a shock to up to realise how very modern trade marks legislation is.
The unsatisfactory state of the law in regard to the false marking of goods led to an urgent demand from the traders in Great Britain for more efficient and effective protection and in 1862 a Select Committee of the House of Com- mons was appointed to report on the advisability or establishing
ereation of rights in registered marks.
It is because of that assumption of duty by the Government by the With not one of the sentiments medłuth of the law, that John can- that he hears expressed does he not himself fix another light close agree. The lecture is in his to his shaving glass in his bath- opinion sheerly seditious and antl- room, for Regulation 33 of the Re- social: at times almost blasphem-gulations Scheduled to the Elec- ous, yet the police officers who are trielty Supply Ordinance, 1911 pro-reglater of trade marks and the present do not interfere and meet-vides "Every person who makes ing is orderly. John and Mary any addition to any electrical in- meet again at dinner, after which stallation connected to the com- they go to the nearest hotel to pany's mains without obtaining the dance until midnight.
written consent of the company thereto shall be liable to a penalty not exceeding one hundred dollars for every such addition"
ESSENTIAL SERVICES
A very ordinary story you wil! say, but what has it to do with law and citizenship? I will try to tell you. John's first sentient act was to turn on his bath water, and...assuming he has a gas geyser, the gas, in order that he might have a hot bath. Why has he got water and gas at his command? Why has everyone situated as he is got such essential services available?
That brings me, to a considera- tion of the first branch of muni- cipal law that I want to talk about this evening. the law regulating what are conveniently termed public utility companies. It is a commonplace of life in a modern civilised community that there
should be made available to citizen's certain essential services.
such as water, electric light and
power, and gas, and with those one usually associates transportation.
GOVERNMENT AND BUSINESS
In less highly developed com- munities these are frequently in
THANKS TO LAW "So far as public utility services are concerned John has much more for which to thank the law on this typical day of his life. When he travels by bus, by ferry or by tram it is because of the kindly inter- vention of the law on his behalf that he knows that on a certain route at a stated time there will be a clean conveyance, which by a route which he knows will take him to a certain point for a known
charge.
Time tables, routes, and fares are all prescribed by law, and in re- turn for their agreement to be bound by auch restrictions on their freedom of choice the undertaking
company is given exclusive rights
over a certain area. It is all done in the Interests of the ordinary citizen.
EFFECTIVE LEGISLATION Without effective legislation, for their inception state undertakings, the regulation and control of such but, as Government le proverbially vital matters there might be chaos, a bad business man, such under- and there certainly would be con takings are "as' soon as possible fusion and waste of time. Buses transferred to municipalities or would run only at peak hours to corporations Bnancially and tech-skim the cream of the traffic, nically able to conduct them suc- cessfully..
One of the largest of essential services, the collection and delivery of letters and "postal packets is universally a state undertaking and a state monopoly.
fares might vary according to the traffic forthcoming and there would be nothing to prevent th- cessant stopping and loitering for fares and hopeless overcrowding.
My own memory goes back vivid- ly to early days in London before It may perhaps surprise some cf buses were controlled. T well re- you to hear how Jealously that ex-member what a perilous business clusive privilege is safeguarded. a bus ride might be, stopping any- and to learn that here in Hong where for any stray passenger, then Kong, though the immemorial chit whipping up the horses in order book system is legalised, being to reach another lot of passengers described in legal terminology as
before a rival company's bus could. "letters concerning the affairs of pick them up; passengers accept- the sender or receiver thereof sent
ed so long as one more could be by a messenger employed for that crammed into the vehicle and not purpose" any one of you will com-
even straps for standing passer- mit an offence it on your next gers to hold on by. visit to Shanghai or Singapore you carry more than three letters of introduction.
a friend in Hong Kong.
WHY LAW INTERVENES " In Hong Kong to-day two other such services, the Kowloon Canton Railway and the supply of water,
from
These bad old days have gone forever thanks to the provisions of law. which in such a case as this to the expression of the corporate wish of the citizens.
SUBSIDIARY FORMS OF-
- TRANSPORT when we come to sub-
Even
are controlled by Government, desidiary forms of transport, public partments, but our other essential motor cars, taxicabs, rickshas or services are managed by private chairs, the friendly hand of the undertakers, in each case according statute law is again extended in
to law.
Why is it necessary for law to intervene in such matters as these, which might be left to the opera tion of the ordinary principles of supply and demand?
The law steps in for the protec- tion of both the undertakers and their customers.
our aid.
By registration, licensing and inspection Government takes care that the vehicle and the man in charge shall be identifiable in case 'of need and the conveyance will be clean and at for the purpose for which it is designed.
The obligation to comply with Manifestly no responsible body, of
the tramc rules and regulations en- men is likely to put up, or to insures that the streets will be rea- duce others to put up, the con- sonably safe even for the poor and siderable amount of capital neces- despised pedestrian. The streets sary for the erection of expensive too will be reasonably clean, at buildings, the installation of costly least in Kowloon, and the side machinery and the construction walks will not be impeded by goods and maintenence of a net work of from adjoining shops again by wires or pipes.or tramway lines un operation of law, y less they are protected against un- The necessity for shaving, bath- economic competition, and so it ing and even the most modest üse has become customary to grant to of cosmetics and other so called such public utility undertakings aalds to beauty introduces us to virtual monopoly, though that un- another great branch of the law. popular word is not used, "but in When John buys a shaving brush place of it we talk of a franchise he knows that it is safe to use, and or an exclusive licence.
THE BEST TERMS
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not a potential' source of, anthrax infection; when he buys his favour- ite shaving soup or Mary purchases But if you give one company the powder, cream or lipstick each of sole and exclusive right to generate them assume, without stopping to electricity or to run a tramway, a think of the justification for that ferry, or a bus service it is only assumption, that they are getting common prudence to protect the what they contracted to bus. customer also. In default of such protection there would be nothing
BY LAW'S HELP prevent an unscrupulous com- Why is that? Again It is by the pany from
charging exorbitant; help of the law. Legislation for irates or fares, with the comfortable the registration of trade marks
knowledge that as they, had no makes it dangerous, to put it mild- -
TRADE MARKS Registration of cutiers' marks had been in force in Hallamshire, the area immediately surrounding Sheffield, since the time of Eliza- ! beth, and several European coun- tries also had facilities for regis- tering trade marks, so it is the more amazing that the Select Com- tem of registration." mittee reported against any sys-
the opposition was led by Mr. It is not surprising to and that
Hindmarch Q. C. the leading patent who doubtless feared that his re- and trade mark lawyer of the day,
if there were introduced a simple munerative practice would suffer system for registering marks and punishing their infringement.
later, by the Trade Marks Regis- It was not until thirteen years
tration Act, 1875, that the present Register of Trade Marks was 25- tablished in England. Hong Kong was in this matter more: progres-
sive than the mother country, for
our register of trade marks was es- tablished by Ordinance No. 18 of 1873.
[The concluding portion of the Chief Justice's lecture will be given in to-morrow's lame of the Daily Fress-EA H.K‚D,P.}-
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