1954-06-30 — Page 1

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HONG KONG LEGISLATIVE COUNCIL 235

OFFICIAL REPORT OF PROCEEDINGS

Meeting of 30th June, 1954

PRESENT:

HIS EXCELLENCY THE GOVERNOR (PRESIDENT)

SIR ALEXANDER WILLIAM GEORGE HERDER GRANTHAM, G.C.M.G.

HIS EXCELLENCY THE COMMANDER BRITISH FORCES

LIEUTENANT-GENERAL CECIL STANWAY SUGDEN, C.B., C.B.E.

THE HONOURABLE THE COLONIAL SECRETARY

MR. ROBERT BROWN BLACK, C.M.G., Q.B.E.

THE HONOURABLE THE ATTORNEY GENERAL

MR. ARTHUR RIDEHALGH Q.C.

THE HONOURABLE THE SECRETARY FOR CHINESE AFFAIRS

MR. RONALD RUSKIN TODD.

THE HONOURABLE THE FINANCIAL SECRETARY

MR. ARTHUR GRENFELL CLARKE, C.M.G.

THE HONOURABLE THEODORE LOUIS BOWRING, O.B.E.

(Director of Public Works).

DR. THE HONOURABLE YEO KOK CHEANG

(Director of Medical and Health Services).

THE HONOURABLE LEONARD GEOFFREY MORGAN

(Acting Director of Education).

THE HONOURABLE HAROLD GILES RICHARDS, O.B.E.

(Director of Urban Services).

DR. THE HONOURABLE CHAU SIK NIN, C.B.E.

THE HONOURABLE LO MAN WAI, O.B.E.

THE HONOURABLE NGAN SHING-KWAN.

THE HONOURABLE DHUN JEHANGIR RUTTONJEE.

THE HONOURABLE KWOK CHAN, O.B.E.

DR. THE HONOURABLE ALBERTO MARIA RODRIGUES, M.B.E., E.D. THE HONOURABLE LAWRENCE KADOORIE.

THE HONOURABLE JOHN ARTHUR BLACKWOOD.

MR. ROBERT WILLIAM PRIMROSE (Deputy Clerk of Councils).

236 HONG KONG LEGISLATIVE COUNCIL

MINUTES.

The Minutes of the meeting of the Council held on 16th June, 1954, were confirmed.

PAPERS.

THE COLONIAL SECRETARY, by Command of His Excellency the Governor, laid upon the table the following papers: —

Subject.

G.N. No.

Sessional Papers, 1954: —

No. 11—Annual Report by the Commissioner of

of Labour for the year 1952/53.

The Essential Services Corps Ordinance, Chapter 197.

The Essential Services Corps (General) (Amendment)

Regulations, 1954………………………………………………………A. 76

The Pleasure Grounds and Bathing Places Ordinance,

Chapter 173.

The Pool Ground Fees…………………………………………………A. 77 The Supreme Court Ordinance, Chapter 4.

Cost (Increase) (Amendment) Rules, 1954.

Supreme Court Fees (Revocation) Rules, 1954.

Code of Civil Procedure (Amendment) Rules, 1954………………………A. 80

ALIEN ENEMIES (RE-VESTING OF TRADE

MARKS) BILL, 1954.

THE ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance to make provision for the re-vesting of trade marks of former alien enemies in their proprietors or successors in title". He said: Sir, during the course of the last war, all rights of alien enemies in respect of trade marks became vested

HONG KONG LEGISLATIVE COUNCIL 237

in the Custodian of Enemy Property in whom they are still vested. In accordance with the policy of Her Majesty's Government in the United Kingdom, it is now desired to re-vest those rights in their former proprietors or their successors in title, and that is the main purpose of this Bill. Provision is made in clause 4 for the protection of the interests of any persons who claim to have acquired rights since the vesting in the Custodian. Upon an application by any person to register any trade mark to which this Bill applies in the new register which has replaced that lost during the war, any other person who claims any right in respect of that trade mark is enabled to oppose that application and to have his claim determined.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a First time.

Objects and Reasons.

The "Objects and Reasons" for the Bill were stated as follows: —

By reason of section 24 of the Alien Enemies (Winding-up) Ordinance, 1914, all rights in respect of trade marks of former alien enemies vested in the Custodian of Enemy Property, and at present they remain so vested. The prime object of this Bill, which is sought to be accomplished by clause 3, is to re-vest the rights in respect of such trade marks in their former proprietors or their successors in title.

2. Provision already exists in the Trade Marks Register (Reconstruction) Ordinance, Chapter 262, for re-registration of trade marks formerly registered on the register which was lost during the Japanese occupation. Clause 4 of this Bill however makes certain modifications to that Ordinance with a view to affording full opportunity to British and Allied nationals to protect any interests which they may have acquired in such trade marks in the intervening years.

238 HONG KONG LEGISLATIVE COUNCIL

PUBLIC HEALTH (SANITATION) (AMENDMENT)

BILL, 1954.

MR. H. G. RICHARDS moved the Second reading of a Bill intituled "An Ordinance to amend the Public Health (Sanitation) Ordinance, 1935".

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Second time.

Council then went into Committee to consider the Bill clause by clause. Clauses 1 and 2 were agreed to.

Council then resumed.

MR. H. G. RICHARDS reported that the Public Health (Sanitation) (Amendment) Bill, 1954 has passed through Committee without amendment and moved the Third reading.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Third time and passed into law.

IMMIGRANTS CONTROL (AMENDMENT) BILL, 1954.

THE ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to amend the Immigrants Control Ordinance, Chapter 243".

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Second time.

Council then went into Committee to consider the Bill clause by clause.

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Clauses 1 and 2 were agreed to.

Council then resumed.

THE ATTORNEY GENERAL reported that the Immigrants Control (Amendment) Bill, 1954 had passed through Committee without amendment and moved the Third reading.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Third time and passed into law.

LAND TRANSACTIONS (ENEMY OCCUPATION)

(AMENDMENT) BILL, 1954.

THE ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance further to amend the Land Transactions (Enemy Occupation) Ordinance, Chapter 256".

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Second time.

Council then went into Committee to consider the Bill clause by clause. Clauses 1 to 3 were agreed to.

Council then resumed.

THE ATTORNEY GENERAL reported that the Land Transactions (Enemy Occupation) (Amendment) Bill, 1954 had passed through Committee without amendment and moved the Third reading.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Third time and passed into law.

240 HONG KONG LEGISLATIVE COUNCIL

TSIMSHATSUI BAPTIST CHURCH BILL, 1954.

DR CHAU SIK NIN moved the First reading of a Bill intituled "An Ordinance to provide for the incorporation of the Trustees of the Tsimshatsui Baptist Church". He said: Sir, the Tsimshatsui Baptist Church was founded in 1939. Since then its membership has grown from 250 to over 1,000. To cope with the rapid growth in both membership and spiritual work a project for the erection of a bigger church has been drawn up and a site of 7,500 square feet at Cameron Road, Kowloon has been purchased for the sum of $380,000.

The Objects and Reasons clearly set forth the reasons for this Bill and there is nothing I can usefully add. I therefore beg to move the First reading of the Bill.

MR. NGAN SHING KWAN seconded.

The question was put and agreed to.

The Bill was read a First time.

Objects and Reasons.

The "Objects and Reasons" for the Bill were stated as follows: —

1. The members of the Tsimshatsui Baptist Church have elected trustees and desire to erect a church and to incorporate the trustees as a corporation to ensure perpetual succession.

2. Clause 1 of the Bill comprises the short title of the Ordinance.

3. Clause 2 defines certain phrases.

4. Clause 3 incorporates the trustees.

5. Clause 4 defines the powers of the corporation.

6. Clause 5 provides for the succession to property.

7. Clause 6 provides for the number of trustees.

8. Clause 7 provides for the vacation of office by trustees.

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9. Clause 8 provides for the appointment and tenure of office of trustees. 10. Clause 9 provides for filling casual vacancies among the trustees. 11. Clause 10 provides for notification of changes of trustees.

12. Clause 11 provides for the execution of deeds.

13. Clause 12 provides for the appointment of a clergyman or pastor. 14. Clause 13 provides for the custody of deeds and documents.

15. Clause 14 empowers a committee to draw up regulations.

16. Clause 15 requires such regulations to be approved before becoming binding. 17. Clause 16 contains provisions saving the rights of the Crown.

ADJOURNMENT.

H. E. THE GOVERNOR: —That concludes the business, Gentlemen. When is it your pleasure that Council will meet again?

THE ATTORNEY GENERAL: —May I suggest this day fortnight?

H. E. THE GOVERNOR: —Council will adjourn to this day fortnight.

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