Persons to
be heard be. fore making of orders.
2 & 3 Geo. 6, c. 107, s. 8.
Rules and fees.
c. 107, s. 9.
162
(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 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.
8.-(1) The Chief Justice with the approval of the Legislative Council may make rules for regulating the practice 2 & 3 Geo. 6, under this Ordinance, including rules providing for opposi- tions and rules regulating the service of documents and the time within which any act authorized or required by this Ordinance or the rules may or must be done.
Commence- ment.
2 & 3 Geo. 6,
c. 107,
s. 11 (2).
(2) There shall be paid in respect of applications and other matters under this Ordinance such fees as may be prescribed by the Chief Justice with the concurrence of the Legislative Council.
9. This Ordinance shall be deemed to have come into operation on the third day of September nineteen hundred and thirty-nine.
Objects and Reasons.
1. The object of this bill is to suspend the trade mark rights in Hong Kong of an enemy or an enemy subject where it is difficult or impracticable to describe an article or sub- stance without the use of such trade mark.
2. The effect of the bill is to enable persons desiring to trade in products formerly protected by trade marks registered in the names of enemies and enemy subjects to obtain a licence suspending the rights of such enemies and enemy subjects for such period as will enable the new product to become known on the local market.
3. Provision is made in clause 4 to enable an enemy to file an application for registration of a trade mark but no certificate will be issued until the conclusion of the war.
4. Power is given to the Chief Justice to make rules and prescribe fees with the approval and concurrence of the Legislative Council.
5. The provisions of the Patents, Designs, Copyright and Trade Marks (Emergency) Act, 1939, have been followed closely, but references to patents, designs and copyright have been omitted for the following reasons :--
(1) only patents already registered in the United King- dom can be registered in this Colony;
(2) there is no register of designs in Hong Kong;
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