581023-1940-Ordinances-passed-and-assented-to--Inc — Page 16

401

Power of Registrar to extend time

limits having regard to war circum-

stances.

2 & 3 Geo. 6, c. 107, s. 6.

Evidence

relating to nationality

and place of residence,

relating to

THE HONG KONG GOVERNMENT GAZETTE, MARCH 15, 1940.

(4) References in this section to an application of an enemy shall be construed as including references to an application of an enemy jointly with any other person, whether an enemy or not.

5.-(1) The Registrar may, subject to such conditions, if any, as he thinks fit to impose, extend the time limited by or under the Trade Marks Ordinance, 1909, or this Act, for doing any act, where he is satisfied-

(a) that the doing of the act within the time so limited was prevented by a person's being on active service or by any other circumstances arising from the existence of a state of war which, in the opinion of the Registrar, justify an extension of the time so limited; or

(b) that, by reason of circumstances arising from the existence of a state of war, the doing of the act within the time so limited would have been or would be injurious to the rights or interests of the person by or on whose behalf the act is or was to be done or to the public interest.

(2) An extension under this section of the time for doing

any act-

(a) may be for any period that the Registrar thinks fit, notwithstanding that by or under any Ordinance power is conferred to extend the time for doing that act for a specified period only; and

(b) may be granted notwithstanding that that time expired before any application or request for extension was made, or that, by reason of that act not having been done within that time, the relevant application, registration or proceeding has ceased or expired, or become void or invalid, or been treated as abandoned.

(3) The powers conferred by this section may be exer- cised notwithstanding that the exercise thereof benefits, whether directly or indirectly, an enemy or an enemy subject.

6.--(1) For the purposes of this Ordinance--

(a) the fact that the address of any person registered in the register of trade marks kept under the Trade Marks and decisions Ordinance, 1909, is an address in enemy territory within the meaning of the Trading with the Enemy Ordinance, 1914, shall be prima facie evidence that that person is resident in 2 & 3 Geo. 6, that territory; and

enemy

character.

c. 107, s. 7.

Persons to

fore making

of orders.

(b) the fact that in any such register a person is stated to be of a particular nationality shall be prima facie evidence that he is of that nationality.

(2) No order made by the Registrar under this Ordin- ance shall be held to be invalid by reason only that any decision made for the purposes of the order that a particular person is an enemy or an enemy subject is wrong.

7. Before deciding as to the making of any order under be heard be this Ordinance, the Registrar shall, unless having regard to the circumstances he considers it inexpedient or impossible so to do, give to any person who appears to the Registrar to be interested such opportunity of being heard as appears to him to be just.

2 & 3 Geo. 6,

c. 107, s. 8.