25314-1912-Geneva-Convention-Act-1911 — Page 1

160.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 16, 1912.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 78.

CIRCULAR.

DOWNING STREET,

5th February, 1912.

SIR, I have the honour to transmit, for your information, a copy of an Act, which received the Royal Assent on the 18th of August last, entitled the "Geneva Convention Act, 1911," for regulating the use of the heraldic emblem of the "Red Cross or "Geneva Cross", in accordance with the provisions of the Convention for the Amelioration of the Con- dition of the Wounded and Sick of Armies in the Field, which was drawn up in Geneva in 1906.

I have, etc.,

The Officer Administering the Government of

L. HARCOURT.

HONGKONG.

A. D. 1911.

Prohibition of use of

emblem of

red cross on white

ground, &c.

Short title.

[1 & 2 GEO. 5.]

Geneva Convention Act, 1911.

[CH. 20.]

An Act to make such amendments in the Law as are necessary to enable cer- tain reserved provisions of the Second Geneva Convention to be carried into effect.

WHEREAS

[18th August, 1911.]

HEREAS His Majesty has ratified, with certain reservations, the Convention for the amelioration of the condition of the wounded and sick of armies in the fi ld, drawn up in Geneva in the year one thousand nine hundred and six, and it is desirable, in order that those reservations may be withdrawn, that such amend- ments should be made in the law as are in this Act contained :

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this pre- sent Parliament assembled, and by the authority of the same, as follows:

1.-1.) As from the commencement of this Act it shall not be lawful for any person to use for the purposes of his trade or business, or for

other any

purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words Red Cross" or Geneva Cross and, if any person acts in contra- vention of this provision, he shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.

+6

"}

(2.) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secre- tary, and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Act and liable to the like penalty.

(3.) Nothing in this section shall affect the right (if any) of the proprietor of a trade mark registered before the passing of this Act, and containing any such emblem or words, to continue to use such trade mark for a period of four years from the passing of this Act, and, if the period of the registration or of the renewal of registration of any such trade mark expires during those four years, the regis- tration thereof may be renewed until the expiration of those four years, but without payment of any fee.

(4.) Proceedings under this Act shall not in England or Ireland be instituted without the consent of the Attorney-General.

(5.) This Act shall extend to His Majesty's possessions outside the United Kingdom, subject to such necessary adaptations as may be made by Order in Council.

2. This Act may be cited as the Geneva Convention Act, 1911.

•