12493-1909-Bills-read-a-first-time--Appropriation- — Page 18

796 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

:

Sealed copies to be evidence.

Certificate of Registrar to

be evidence.

Exercise of discretionary power by Registrar.

Appeal from Registrar.

Recognition of agents.

Power of

of Governor- in-Council to make rules.

statutory declaration may in the case of appeal be used before the Court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.

In case any part of the evidence is taken rivâ cove the Registrar of the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a Special Referee of the Supreme Court.

52. Printed or written copies or extracts of or from the register, purporting to be certified by the Registrar under his seal, shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the originals.

53. A certificate purporting to be under the hand of the Registrar as to any entry, matter, or thing which he is authorised by this Ordinance, or rules made there- under, to make or do, shall be primâ facic evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.

Powers and Duties of Registrar of Trade Marks, 54. Where any discretionary or other power is given to the Registrar by this Ordinance or rules made there- under, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving such appli- cant or registered proprietor an opportunity of being heard.

55. Except where expressly given by the provisions of this Ordinance or rules made thereunder there shall be no appeal from a decision of the Registrar otherwise than to the Governor but the Court, in dealing with any question of the rectification of the register (including all applications under the provisions of section 36 of this Ordinance), shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made.

56. Where by this Ordinance any act has to be dour by or to any person in connection with a trade mark or proposed trade mark or any procedure relating thereto, such act may under and in accordance with rules hadé under this Ordinance be done by or to an agent of sneh party duly authorised in the prescribed manuer,

Rates.

57.-(1) Subject to the provisions of this Ordinance the Governor-in-Council may from time to time make such rules, prescribe such forms and generally do suck things as he thinks expedient...---

(4) For regulating the practice under this Ordin-

ance:

(b) For classifying goods for the purposes of

registration of trade marks:

(c) For making or requiring duplicates of trade

marks and other documents :

(d) For securing and regulating the publishing and selling or distributing, in such manner AS the Governor-in-Council thinks fit, of copies of trade marks and other documents : (e) Generally, for regulating the business of the office in relation to trade marks and all things by this Ordinance placed under the direction or control of the Registrar.

(2) Rules made under this section shall, whilst in force, be of the same effect as if they were contained in this Ordinance.

(3) Any rules made in pursuance of this section shall be forthwith published in the Gazette.