659878-1889-Bills-Supplementary-Appropriation-1888-Bills-Expenses-of-Criminal-Lunatics-Bills-Trade-Marks--Amendment-Bills-Naturalization-of-Leung-Shu-Bills-Police-Force-Consolidation--Amendment-Bills-Patents-Amendment- — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.

PART VI.

Powers of the Court.

35. (1.) The Court may on the application of any person aggrieved by the omission without sufficient cause of the name of any person or of any other particulars from any register kept under this Ordinance, or by any entry made without sufficient cause in any such register, make such order for making, expunging or varying the entry, as the Court thinks fit, or the Court may refuse the applica- tion, and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit.

(2.) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.

(3.) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Comptroller.

36. The Comptroller may, on request in writing accom- panied by the prescribed fee,

(a.) Correct any clerical error in or in connection with an application for registration of a trade mark; or (b.) Correct any clerical error in the name style or address of the registered proprietor of a trade

mark. (c.) Cancel the entry or part of the entry of a trade mark on the register: Provided that the ap- plicant accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the pro- prietor of the trade mark.

(d.) Permit an applicant for registration of a trade mark to amend his application by omitting any particular goods or classes of goods in con- nection with which he has desired the trade mark to be registered.

37. (1.) The registered proprietor of any registered trade mark may apply to the Court for leave to add to or alter such mark in any particular, not being an essential parti- cular within the meaning of this Ordinance, and the Court may refuse or grant leave on such terms as it may think fit.

(2.) Notice of any intended application to the Court under this section shall be given to the Comptroller by the applicant; and the Comptroller shall be entitled to be heard on the application.

(3.) If the Court grants leave, the Comptroller shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave. 38. If any person makes or causes to be made a false entry in any register kept under this Ordinance, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanour.

39. Where any discretionary power is by this Ordinance given to the Comptroller, he shall not exercise that power adversely to the applicant for registration of a trade mark, without (if so required by the applicant within the pre- scribed time) giving the applicant an opportunity of being heard personally or by his agent.

40. The Comptroller may, in any case of doubt or diffi- culty arising in the administration of any of the provisions of this Ordinance, apply to the Attorney General for direc- tions in the matter.

41. A certificate purporting to be under the hand of the Comptroller as to any entry, matter, or thing which he is authorised by this Ordinance, or any general rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone. 42.. (1.) Any application, notice, or other document authorised or required to be left made or given to the Comp- troller, or to any other person under this Ordinance, may be 'sent by a prepaid letter through the post, and if so sent by post shall be deemed to have been left made or given re- spectively at the time when the letter containing the same would be delivered in the ordinary course of post.

(2.) In proving such service or sending by post it shall be sufficient to prove that the letter was properly addressed and put into the post.

Rectification

of registers by Court. (46 and 47, V. c. 57, s. 99. 51 & 52 V. c. 50, s. 23.)

Power for Comptroller

to correct clerical errors, (46 and 47, V. c. 67, s. 91. 51 & 52 V. c. 50, a. 24.)

Alteration of registered mark.

(46 and 47, V. c. 57, 5, 92.)

Falsification

of entries in registers.

(46 and 47, V. c. 57, s. 93.)

Exercise of discretionary power by Comptroller. (46 and 47, V. c. 57, s. 94.)

Fower of Comptroller

to take directions of law officers. (46 and 47, V. c. 57, s. 95.)

Certificate of Comptroller to be evidence. (46 and 47, V. c. 57, s. 96.)

Applications and notices by post. (46 and 47, V. c. 57, s. 97.)

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