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His Worship-You said now you appear for the master of the Kwong Sang firm ?
Sir Henry-Yes under protest for the purpose of taking objection.
His Worship-1 will note your objection. Sir Henry-The objection I take is that the summons is not a valid summons because it is not addressed to any person by name but merely to the masters of the Kwong Sang firm. The court has no jurisdiction to hear any complaint on a summons thus directed inasmuch as the Magistrates' Ordinance requires that the sum- mons shall be directed to the person against There is whom the complaint is made.
marks по provision in the Merchandise Ordinance under which the complaint is made which authorises a departure from the Magis- trates' Ordinance. I submit there is a clear re- quirement that the name of the person be placed on the summons and that it is enough to address it to the master or owner of the house. There is no difficulty in ascertaining the names of the firm.
Mr. Slade-You know it is the most difficult thing in the world.
Sir Henry-There is no difficulty. We are If you registered in respect of Florida water. will go to the Colonial Secretary's offics you will get the names of the Kwong Sang who are registered.
Mr. Blade-Yes the names of two people who are out of the Colony.
Sir Henry-No matter. There it is. I have taken objection. The masters of the Kwong Sang are registered as the people who hold this shop. It is very easy to find their names. My Sup. objection is a technical and legal one. posing there was a Green Man Hotel you could not issue the summons to the proprietor of the Green Man Hotel and neither could you issue a summons to the masters of the Kwong Sang unless the particular Ordinance under which I you were proceeding was your justification. ask you Worship to dismiss this summons.
Mr. Slade-If the person is not known, the it is sufficient to address the summons so that the person to whom it is addressed will know that it is addressed to him. The name is only A means to describe a certain person, and a Chinaman has many names. we know Every adult Chinaman has at least three names, any one of which will describe him.
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His Worship-Supposing Sir Henry's objection fails, can I issue a warrant for the arrest of people whose names I do not know?
We Mr. Slade-You know the names now. ascertained the names when the summons was served.
His Worship said he did not like the form of the summons.
Mr. Slade-I ask you to amend it now. Sir Henry-You cannot do it now. His Worship-The summons has been served, Mr. Blade-It can be amended.
Sir Henry said that the proper thing for complainants was to have brought an action restraining defei dants from using the trade mark which complainants alleged defendants were infringing. He was taking the objection was the in order that they might see that proper thing to do. They had no right to take criminal proceedings against men for doing to-day what they have been doing for years.
most
Mr. Slade-I would ask your Worship not
This is a to listen to my friend. flagrant violation of our trade mark.
His Worship-My owu impression is that the summons is not a good one,
Mr. Slade thought that it was, but at any rate, it was easy to make it a good one hy amending it. The defendants, he explained, in order to prevent damage by having all that stuff taken from their premises to the Police Station, gave an undertaking to deposit a sum of $1000. If his Worship dismissed the sum- mons that undertaking was rendered useless. They would get rid of all the stuff before a warrant could be issued.
His Worship said it was an important
matter and he would reserve his decision. After farther argument,
Sir Henry decided to waire his objection and he summons was amended by the insertion of he names of Laung Lam and Lan Shun Tiu.
Mr. Slade then opened at length. He stated that application was made to register complain. ants' Florida water in 1900, but it was found
THE HONGKONG WEEKLY PRESS AND
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that Eugene Rimmel bad had a similar regis. tation, and
the application refused. between Messrs. Correspondence followed Lanman and Kemp and the other parties concerned and last year the application for registration in Hongkong was granted. In November of last year complainants became that their trade mark was being infringed and that defendants were selling scent in a bottle similarly made up and labelled
their own.
aware
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His Worship asked if he was hearing that case summarily by consent.
Sir Henry replied in the affirmative and said that he ought to protect his Worship from a pitfall. He ought to ask him (Sir Henry) that he had a right to be tried by a jury.
This was done, and Mr. Slade proceeded to say that the bottles of scent sold by the defend- auts ere calculated to deceive purchasers,
Sir Henry afterwards raised the further point that complainant was not the proprietor of a registrated trade mark.
His Worship took a note of it. Evidence was called, and the case ramanded
MISSIONS TO SEAMEN.
PUBLIC MEETING,
MUNIFICENT GIFT BY MR. MODY.
A public meeting held at the City Hall on March 13th in furtherance of the interests of the Missions to Seamen was largely attended. II.E. the Governor presided and was supported on the platform by Admiral Sir W. Moore, the Right Reverend Bishop of Victoria, Hon. Mr. H. Keswick, Rev. J. H. France, Mr. H. A. Brackenbury, (secretary to the Governor), Mr. lurray Stewart, Mr. D. R. Law. Others present included Sir Paul Chater, Hon. Mr. E. Osborne, Mr. N. Mudy, elc.
The Rev. J. H. FRANCE opened the proced ings with a short historical statement. They were met, he said, not to embark on a new enter- pris, but to endeavour to quioken an already existing enterprise.
The
quer
HIS EXCELLENCY THE GOVERNOR said-I have been asked to propose the first resolution which is as follows:-"That in the opinion of this moeting the time has come when steps should be taken to acquire a site and to raise a fund for the purpose of building a permanent insti- tute to replace the present unsuitable wretched premises. That, ladies and gentlemen, is the ubject with which we have come here this even- ing and that object his Lordship the Bishop of Victoria aud Admiral Moore have kindly cult- sented to speak on and explain fully the objects which the eam-u's Institute has been founded to carry out. I will not delay you many minutes myself but in order to explain to any here who do not know the general se po of the Ius itution I w. uld just say a few words in order to discriminate it from two other institutions of a similar nature in Hongkong, the Sailors Home and the Soldiers and Sailors Home. The Sailors Institute was founded with the object of providing a home where seamen might obtain lodgings for a night or two at cheap rates. Institute is run on temperance lines.
Nal is sold and the bringing of liquor into the home is discouraged. Forms of recreation, such as billiards, bagatelle, etc., are provided, and concerts and other entertainmcuts are, from time to time, arranged. The men have also an opportunity of enjoying the best panionship of their comrades aud getting decent literature. Light refreshments are also The Institution is run by to be obtained. An influential committee and has a brauch al Kowloon. Financially I see by its records that its expenditure and receipts balance oat som-- where near $20,000 a year. It is practically self-supporting but, of course, when it is a question of building a new house or acquiring a new site, a large capital expenditure is needed and it is necessary for the institution to ask for help from the outside public. This, as you will learn from the resolution I have just read, is the case now, and the Institution wushes to maks ส appeal Lu thes interested iu seams u to enable them to acquire site and get certain endowments their funds
better basis. We all proud, ladies and gentlemen, of saying that Hougtong is the largest port in the world
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[ March 16, 1908. except London. There is no need for me to emphasise to you the great necessity in a colony like this for an institution in aid of merchant seamen I see from the last published statistics for 1906, that there were 71,248 seamen who passed or repassed through this port. About half of these were British. The Institution is not confined to British mercantile seamen but is open to the mercantile seamen of all nations without discrimination and also to the men of the Royal Navy. As you know there are about 4000 British bluejackets in the China Squadron and they are constant visitors. In the three years that the Institution has occupied the present premises there have been 30,000 visits by seamen to it. Aboat 15,000 beds have been occupied during the last year. The site is a very bad one, at the far end of the Eastern Prays, and the site at Kowloon is even worse because it has been crowded in by Chinese houses. I think that I can recommend to you to support most heartily the project we have met here to discuss. It is worthy in every way of our support and I hope the proceedings here to-day will result in a very liberal subscription towards the new site it is hoped to get. I will only say one other word before I sit down. As a result of legislation in the Colony in 1905 we have been able to abolish and get rid of that disreputable class of seamen called beachcombers. Therefore I may say that the class of men who frequent this Institute are honest hardworking seamen and men who should be encouraged, as they are the man
to whom we owe our commercial and naval supremacy. I will now ask Mr. D. Law to 8-cond the resolution which I have proposed. (Applause.)
The
Mr. Law (said-Your Excellency, Admiral Moore, my Lord Bishop, Ladies and Gentle- men. After the very interesting and exhaus tive speeches by His Excellency and the Rev. Mr. France there is little for me to say beyond expressing the great pleasure it affords me to second His Excellency's resolution. object of our meeting this afternoon is one which must appeal to all of us, our existence and wealth as an Empire depend almost en- tirely upon our sea borne commerce and the Nary which safeguards it. This is especially true of Hongkong, depending entirely as it does upon the shipping for all its supplies. shipping again, (ladies) and gentlemen, has to rely ultimately upon the men who man it, and
up
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as their life is one which cuts them off to a great extent from home life and its restraints and compensations, whilst it exposes them to many temptations in places where they are homeless, and friendloss, there is au undoubted obligation upon us to provide something to counteract the temptations and make for the disabilities incidental to their calling. A good institute, well-found, bright, cheery and write men may read, comfortable, where smoke, play billards and other
and games, meet with their fellow beings, is one of the best agencies that can, under the cir cumstances, be employed. The present insti. tute at Wanchai has done and is doing much good work, but it has done it under diff. culties, and in a different position, and with more suitable buildings, much more could have been done. We therefore come before this
you afternoon oonfidently relying upon you for sympathy, co-operation and assistance in carry. ng to a successfal conclusion the scheme outlined by His Excellousy and the Revd. Mr. France. Having put their hand to the plough. the committeed not intend to turn back until they have accomplished their ambition to remove the reproach that at present altaches to Hongkong in not having a thoroughly well found institution to which to welcome sailors visiting these shores. With the kind patronage and sympathy of His Excellency the Governor, and the active personal interest that Admiral Moore and Bishop Lauder have promised to exert OLL our behalf in the old country, the committo are hopeful that they may not have to wait long before obtaining sufficient subscriptions to justify them in baying the
building. 'ground and starting th
Just one word more, ladies and gentlemen, Hong. kong uwes a dip debt of gratitude to Mr. France appliuse) for the enthusiastic, self- sacrificing work that he has done during many He is beloved by the years for our sailors. whole sea faring community, and by all who are interested in the good work he is carrying
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