12493-1909-Bills-read-a-first-time--Appropriation- — Page 28

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909. .

Dispensing with evidence.

POWER TO DISPENSE WITH EVIDENCE.

78. Where under these rules any person is required to do any act or thing, or to sign any document, or to make

any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or leff with the Registrar, or at the Office of the Registrar, and it is shown to the satisfaction of the Registrar that from any reasonable canse such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or loft as aforesaid, it shall be lawful for the Registrar, and upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or

evidence.

Amendment of do- cuments.

Enlarge- ment of time.

Fees paid late by persons

living at distances

from Office.

Certificate

AMENDMENTS.

79. Any document or drawing or other representation of a trade mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.

ENLARGEMENT OF TIME.

80. The time prescribed by these rules for doing any act, or taking any proceeding thereunder, may be enlarged by the Registrar, if he think fit, and upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct, and such enlargement may be granted though the time has expired for doing such act or taking such proceeding.

81. Where a time for paying a fee is limited by these rules and the person who is bound to pay such fee resides at such distance from the Office that he cannot reasonably be expected to pay the fee on the date limited by the rule, the Regisrtar, if satisfied that the omission to pay the fee has not been from any want of diligence on the part of the person whose business it is to pay it, may accept the fee even though the date for paying the fee has passed, and treat it as if received on the correct date, provided always that the fee is actually paid with such promptitude as can be expected in the circumstances.

CERTIFICATES.

82. The Registrar, when required otherwise than under by Registrar. Section 17 of the Ordinance to give a certificate as to any entry, matter, or thing which he is authorised by the said Ordinance or any of these rules to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate, but every certificate of registration so given shall have specified on the face thereof, whether the same is to be used in legal proceed- ings, or for the purpose of obtaining registration abroad, or for purposes other than use in legal proceedings or obtaining registration abroad.

arks registered without limitation of colour.

Certific tes for use in obtaining registration abroad.

Manner in which, and person

before whom, declaration is to be

nade and taken.

83. Where a mark is registered without limitation of colour it shall be lawful for the Registrar to grant a certificate of its registration for the purpose of obtaining registration aboul either in the colour in which it appears upon the register or in any other colour or colours.

84. Where a certificate of registration is desired for use in obtaining registration abroad, the Registrar shall affix to the said certificate a copy of the mark, and shall state in such certificate such particulars concerning the regis tration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing on the register.

DECLARATIONS.

85. The statutory declarations required by the Or- dinance and these rules, or used in any proceedings thereunder, shall be made and sub-cribed as follows:-

(a.) In Hongkong, before any justice of the peace, notary public or any commissioner or other officer authorised by law in Hongkong to administer an oath for the purpose of any legal proceeding;

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