582256-1940-Defence-Regulations-1940 — Page 11

Government Gazette 政府憲報 轅門報 All

THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.

in relation to which the restriction of photography appears to him to be expedient in the interests of public safety or of defence.

tion of

(2) In any proceedings arising out of a contrav sub-paragraph (4) of paragraph (1) of this regulation, it shall be a defence for the defendant to prove that at the time of the contravention application had been made by him (for the first time) for the necessary permit in relation to the camera in respect of which proceedings are taken, and that the application was still pending at that date.

(3) The Governor may make such orders as he thinks necessary for securing that photographs, sketches, plans and other representations made under the authority of a permit granted in pursuance of sub-paragraph (9) of paragraph (1) of this regulation shall not be published unless and until they have been submitted to, and approved by, such authority or person as may be specified in the order; and such person authority may, if he thinks it necessary in the interests of public safety or defence so to do, retain or destroy or other- wise dispose of anything submitted as aforesaid.

(1) This regulation shall not apply to anything done by any servant of His Majesty or police constable acting in the course of his duty as such.

16.-(1) Where, either before or after the coming into Inventions

and designs. force of this regulation, an application has been made to the Registrar of Patents for the grant of a patent or the regis tration of a design, the Governor. if satisfied that it is expedient in the interests of defence se to do, may require the Registrar of Patents to omit or delay the doing of any- thing which he would otherwise be required to do in relation to the application, and give directions for prohibiting or restricting the publication of information with respect to the subject matter of the application, or the communication of such information to particular persons or classes of persons.

(2) No person shall, except under the authority of a written permit granted by the Governor, make any application for the grant of a patent, or the registration of a design. in any foreign country,

(3) The Governor, if it appears to him to be necessary or expedient in the imerests of defence or the efficient pro- secution of the war so to do, may give directions to any person requiring him to furnish to such authority or person as may be specified in the directions any such information in his possession relating to any invention, design or process as may be specified in the directions, or demanded of him by the said authority or person.

(4) The right of a person to apply for, or obtain, a patent in respect of an invention or registration in respect of a design shall not be prejudiced by reason only of the fact that the invention or design has previously been com- municated to a person in compliance with paragraph (3) of this regulation, or used by a person in consequence of such communication, and a patent in respect of an invention, or the registration of a design, shall not be held to be invalid by reason only that the invention or design has been se communicated or used as aforesaid.

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